ptsd C & P Docs

[Berta]

If we get the right to choose to have a lawyer (S 2694) from pending legislation in Congress-for VA claims-

wouldn't a good lawyer find that VA- paid C & P doctors are in a conflict of interest when they perform a C & P?

Although many C & Ps are fair and impartial- some of them- in my opinion- reveal down right negligence because they are so far off the mark.

If a C & P doctor misrepresents a disabilty as to it's disabling degree ,I consider that to be medical error.

Then again- lawyers-----

I have a very good friend who is a lawyer and asked me to help him with his VA claim.

He doesn't want comp -he is just hoping to get some help with his medication costs.

His claim is for heart disease due to service-

Vietnam Vet, 2 PHs, Vietnam service-

He gave me only a few SMrs because he did not understand the significance of them.I could not find anything yet in them to help the heart claim-

Also he gets private PTSD therapy but doesn't want the VA or anyone to know he has PTSD.

The PHs would give him 50% I am sure-and he told me of a major additional stressor and this would give him some med cost help I think-not sure-he did not want to pursue PTSD claim at all-

However-my point is - he is a great lawyer-civil and criminal-

But it took me quite some time to explain to him a little bit of VA claims 101-

If we do get the right to have lawyers-it might take them time to get up on he VA claims process-

I imagine that some will specialize in VA claims and advertise on this basis right away.

I wonder if those who handle CAVC cases will also be able to represent vets at the VARO level.

And I sure would hope that if we get the right to hire lawyers, they will recognize the arbitrary and capricious way our claims are often handled.

VA is the Judge, and the Jury.

They "weigh" evidence on their own scale.If they even read it at all.

I cannot imagine a good lawyer putting up with some of their tactics.

[Berta]

I base this on personal knowledge of his whole situation- physical and mental-

He is great lawyer but I am aware of the affect of PTSD to his work and to his family.

Lewis Puller was a great lawyer for VACO-with major PTSD problems-(Chesty's son)and also in receipt of the PH.

This vet I know has 2 PHs- I have noticed that VA very often awards 50 % with receipt of the PH-an obvious stressor - indicating life threatening experience- as well as if the vet meets the rating criteria based on the veteran's medical evidence to include affect to work, family, social life etc.

I fully believe that the veteran I mentioned meets the 50% rating criteria in 38 CFR for PTSD. I even have some personal documentation and I could give personal testimony-to support that -if he needed it for VA purposes.Based on first hand knowledge.

Edited December 11, 2006 by Berta