Highly Perturbed Of C&P Exams

[Prettypantha]

Hi Everyone!

This Is By Far Confusing To Me. How Does One Come Up With Less Than Likely...When The Evidence Is There? The Following Are Results From My C&P Examinations! Please Give Your Insights As To What You Think. Sorry For The Inconvenience, Had To Screenshot The Results. Thanks! 

So, Where I'm Very Confused Pertaining To Hysterectomy Is: I Gave The Examiner Multiple Documents Of My Uterine Fibroids, And She Had The Computer Screen Opened Where She Showed Me, Other Documents Of The Fibroids. But Yet, She Answered...Was The Veteran's VA Claim File Reviewed? She Said No! Also, The Rationale Portion Noted Fibroids Uterine/Recurrent Pelvic Cramps Were Documented While In Service. Duhhhh!!!

 

Edited May 19, 2016 by Prettypantha

[Mark D Worthen PsyD]

I'm not a gynecologist, but I agree that as written the examiner's Opinion and Rationale do not seem to make sense. 

I wonder if the examiner checked the wrong box on the DBQ? The Opinion part is basically a 'Yes or No' checkbox, i.e., the examiner does not actually type, "The condition claimed was less likely than not...". The examiner does type the rationale, which is what makes me wonder if she checked the wrong box for the Opinion. 

Did the examiner answer the question about female sexual arousal disorder? I did not see it, but I could have missed it. 

Looks like the VSR (VBA employee who prepares the 2507--the request for exam) did a good job highlighting the pages of your service medical records (SMRs, also known as service treatment records or STRs).

I wonder if requesting a reconsideration--and pointing out the possibility of a simply clerical error, i.e., checking the wrong box on the DBQ--would be the best course of action. What does your veterans service officer think?

[Prettypantha]

Hi @Mark D Worthen PsyD,

Thank you so much for having a look at my C&P results. Yes, I see exactly what you're referring to, perhaps the examiner may have checked the wrong box. The phrase that have, "the condition claimed was less likely than not" seems to be an embedded format of words that were already there. 

To answer your question about the female sexual arousal...that was all of it. It didn't have neither a section of yes or no, nor to write a summary. As you can see, it was a full page with no break.

My VSO initiated my claims, but after filing...I am basically on my own! He never return my calls, or texts. I make copies of documents to drop off to him while at the hospital and he's never in his office. So, for the most part, I'll either mail him a copy or place underneath his door/dropbox. Which he still doesn't contact me about nothing! Basically, I feel at this point...if there's a denial, all I can do to help my situation would be to hire an attorney. Still quite clueless to everything, but I'm trying my best to absorb as much as I can.

P.S. I thought she was a gynecologist too! But her post-nominal initials are PA-C. So, I realize that she's a Physician Assistant that's Certified. When she examined my feet, on the DBQ...there was a question on the 7th screenshot top portion asking, "was an opinion requested for the condition (internal VA only)? She answered, Yes! This leads me to think that she had to get another opinion, right?

P.P.S. If the rater is confused, will they get back in contact with her to clarify her statements? Thanks once again!

[Gastone]

Take a breath, step back, way to early to be talking about an Attorney @ 20% of Retro. Did you File an FDC or Reg Axx claim, big difference Decision Time-wise.

Always be prepared for a NOD but take it easy right now. All your supporting DXs & Medical Records are in your C-File, let the Rater do his/her job. Be prepared to address the DBQ errors if needed.

Try and relax, easy to say, tough to do, I know. Not much more you can or should do at this point.

Start reviewing VA Lawyer Chris Attig's posts and web site linked here on Hadit. Good Claims procedure info.

Check out the 38 CFR 4 for your conditions, what do you think your Rating should be?

Semper Fi

 

 

 

 

 

 

 

 

 

[TALON II FE]

I don't normally fall into the role of 'spreading sunshine', but there is a chance the Rater may notice the discrepancy and correct it.  I think sometimes seeing the C&P can be stressful, even discouraging.  I had it 'all figured out' when I received mine and I see it happen with others over and over again as well.  When I got the ratings, over half were different then I expected.  Hang tight and try not to get too worked up yet, there is still a chance this works out for you without all of that being necessary.  Is there a way you could contact the evaluator, thru his/her office, maybe?  Possibly, IF you can get the examiner to review, they may even be able to fix it ahead of the Rater finally getting to your case.  Good Luck!

[Prettypantha]

Thank you @Gastone @TALON II FE,

You both are absolutely right! Yes, I will calm myself down and let it run its course! I will definitely review VA Lawyer Chris Attig's posts and try to get myself more acquainted with other case studies, as well as his expertise. Also, thank you for referencing about 38 CFR 4. I know now that there's a lot to stay abreast. I think with me feeling deserted by the VSO has a lot to do with my attitude, disposition and feeling some kind of way. I will take both of your advices and standfast. You guys have been so helpful during these long arduous trials. Thank you all for your candid support!

[Mark D Worthen PsyD]

14 hours ago, Prettypantha said:

To answer your question about the female sexual arousal...that was all of it. It didn't have neither a section of yes or no, nor to write a summary. As you can see, it was a full page with no break.

Hmmm. That's a pretty glaring error for the examiner to make IMHO. 

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My VSO initiated my claims, but after filing...I am basically on my own! He never return my calls, or texts. I make copies of documents to drop off to him while at the hospital and he's never in his office. So, for the most part, I'll either mail him a copy or place underneath his door/dropbox. Which he still doesn't contact me about nothing! Basically, I feel at this point...if there's a denial, all I can do to help my situation would be to hire an attorney. Still quite clueless to everything, but I'm trying my best to absorb as much as I can.

I agree with @Gastone that you might not need to retain legal counsel, and that waiting to see what VBA says is probably your best course of action.

And definitely find a new service officer! You need someone you can count on.  The National Association of County Veterans Service Officers provides an easy-to-use Find a Service Officer Tool on their website.Also ask vets in your area if they have a good service officer that you might be able to see. 

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.there was a question on the 7th screenshot top portion asking, "was an opinion requested for the condition (internal VA only)? She answered, Yes! This leads me to think that she had to get another opinion, right?

I don't know. I've never filled out that DBQ.  - Seriously though, I have no idea what the "internal VA only" part means--I've not seen anything like that before. 

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 If the rater is confused, will they get back in contact with her to clarify her statements?

Yes, they should. I would imagine the exam will be returned as "insufficient", with questions for the examiner. You know, something like, "WTF?! Were you on crack when you wrote this?!" 

All the Best @Prettypantha,

~ Mark