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C&p Exams And C File

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timr

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This is my second series of C&P exams. I am having the first ones redone at the request of the BVA. Due to the amount of time that has passed since my first set. Question ? Is the examaner still required to review my claims file before my examanation. Even if it is the same practitioner. Thanks - TIMR

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  • HadIt.com Elder

Yes, and you probably should not be evaluated by the same doctor. The VA should supply you with a new and independent C&P exam. This is what I asked for via the BVA and that is what I got.

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Timr,

John made a good point. We had to meet with two different doctors on the same day. After we were finished with the first doctor and went down the hall to the other. The second doctor went down to the other doctors office and we could hear him saying some things then they closed the door. You definitly want a different doctor the second time around.

Regarding your question: "Is the examaner still required to review my claims file before my examanation". I can tell you my husband just went for two of his exams a couple of days ago. The file the doctors had in front of them was not even 1/2 inch thick. My husband's file should be at least 6 inches thick. They had a sheet of paper there I am sure was from the RO telling them what to check/test for. The rest of the information is on the computer, (I looked at the computer screen), but only if you go to a VAMC or clinic and they are on the Vista system. I don't think all of them are. The problem I see with this is that our evidence at a VA clinic goes back prior to this new Vista system (80's & 90's). They cannot see that. Those medical documents were all hand written. I have copies of them that I requested from the local clinic. They cannot see all of the other medical reports that you have submitted to the RO from private doctors. I can only assume that maybe in that very small file they had, it could have contained some copies of his original SMR's. The second doctor's exact words to me regarding our medical information from private doctors, that we had submitted to the RO was "It means absolutely nothing to the RO, that's why they order the C&P exams".

When the doctor said to my husband, oh, so you fractured your wrist? That told me he did not have original documents. My husband's hand was almost amputated almost 28 years ago. It was not fractured. I showed the doctor a copy of the original hospital summary of his injuries that explained in detail about the severity of his injury. He read it and said OK.

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  • HadIt.com Elder

Brandy

From what I have read and understand the C&P doctor is always supposed to have your C-File on hand. He is supposed to have read it also. They never read it before hand. Vets should also ask the "doctor" if he/she what his/her spceciality is and if they are board certified. You have to use some tact I think here, but those are important questions to ask. The VA will use these old, retired GP's to diagnose complicated medical problems. If your board certified specialist says your condition is worse and the tired, old GP says you are perfectly fit this is good grounds for the appeal. Who has a better understanding of your condition? Maybe the VARO will take the old GP's opinion but I think you then have an appeal at least on ground of benefit of doubt and inadequate C&P exam. From what I have read and experienced the C&P exams are never really adequate and complete. I had a DMII exam and all the doctor did was look at the latest exam data and say " Yep, you got diabetes". That was the end of my exam. He also opined on my peripheral neuropathy which he was not qualified to do since I had a board certified neurologist say it was likely as not related to the DMII. I got everything on appeal based on benefit of doubt but I had to go to a DRO Hearing. I have never had a C&P exam that lasted more than ten minutes. How can this be an adequate and complete exam?

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It is outrageous to have a 10-15 minute C & P that controls the results of a claim.

More and more I see the need for veterans to get independent medical opinions.

Often if they have a private doctor, the doc will do it for free.

I got a freeby from a former VA doctor that treated my husband. There wasn't much to it but Dr. Bash liked it a lot as it supported my claim and Dr. Bash referenced this brief IMO in his IMO.The former VA doctor's statement supported his entries in the med recs that I sent to him -asking him to clarify.

A good IMO doctor will take far more time to prepare their opinion than a C & P exam takes.

All a VA rater needs is a negative VA opinion and the claim can be quickly denied.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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John was suppose to have a C&P exam scheduled for meniers disease. But they did not schedule him they just gave their opinion. And I know what they are going to say because she already said his hearing is not sc. which when we get a rating for we will file nod, in the meantime we do have an appointmen in Jan for a neuroligist refered by our HMO ENT doctor, so we will have that anyways has anyone ever heard of them just giving their opinion on something rather than having an exam?

What should we do if anything?

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Berta,

You would not believe what one of the doctor's said to us. I just let him talk, and I listened. I have known for about a month now that I will file an nod. I am just trying to keep my mouth shut until we get a new rating. Then I file the NOD. We cannot drag out our current claim any longer.

I was so busy trying to make sure they looked at medical documents that I had I forgot to find out their specialties, as John999 said. I knew that I should do this, just too much on my mind. I am going to call the VAMC and ask the receptionist about Dr. XXXX and what is his speciality? Wouldn't this also be on his report? I would think so. I am requesting copies of the exams, x-rays, lab, etc.

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