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63Charlie

The VARO Develops Evidence To Deny Claim(Ankles)

Question

I had a C&P exam for my ankle condition performed by QTC in July, 2016.

The QTC examiner( PA-C), service connected my ankle condition(bilateral)on his DBQ/ medical opinion and gave a concise rationale based upon service medical treatment records.

 

However... the VARO wouldn't render a decision after the favorable C&P exam.

 

Instead, I was sent for another C&P exam to Lake Baldwin(Orlando VAMC) five months later.

 

The second examiner(PA-C) wouldn't service connect my ankle disability(less likely as not) on his DBQ/medical opinion.

 

I asked the second examiner why was I having another C&P exam for the same condition because the first examiner told me he was service connecting my condition.

He typed on his DBQ what I said in CAPITAL LETTERS.

 

The latter examiner's DBQ/ is chock full of false statements concerning my medical evidence, especially my service treatment records.

He said there was no objective diagnosis in service when I actually had several for my ankles/feet/legs.

 

The VARO stated that the second examiner's opinion was more persuasive, and used the unfavorable C&P exam as the reason my claim was denied.

 

This second examiner mentioned he was seeking employment as the VA was laying him off.

 

At least that's some good news for other vets in the Orlando area so they don't have to face a dishonest examiner.

 

 

 

 

 

Edited by 63Charlie

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My 2 cents.  Anyone Vet filing a new claim should Never, Never trust a VA examiner to the right thing. Before the claim is filed, you should already have at the ready an IMO from a board certified doc. Having this would have stopped the 2nd C&P and may on it's face depending on how thorough the opinion, killed the need for a C&P altogether. 

An IMO automatically starts tipping the scale in the Vets favor.

An IMO from a board certified Doc keeps away a faulty C&P, especially when dealing with PA's or VA docs not certified in the area you are claiming.

An IMO keeps the weight tilted in your favor if you need to appeal  due to a shitty RO that will not read the record. 

An IMO is money well spent, it is for the Vets benefit, Past , Present , and future, as well as his or her family, not to mention the sanity that will remain intact while he or she goes through the VA maze as the IMO will decrease the time and headache while fighting to get whats due.

 

It's time you get an IMO before you proceed any further.  

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Thanks for the advice JR Reihs.

I'm thinking, at this point, no matter what evidence was submitted on my behalf, the VARO was determined to deny my claim.

 

I have requested a DRO hearing.

 

I HAVE submitted an IMO from my treating physician stating that my condition is, at least as likely as not, a condition incurred from my military service.

My doctor also cited medical evidence treatises from the National Institute of Health to correlate his diagnosis/medical opinion(s).

AND...it was a freebie to boot! 

 

The C&P examiners diagnosed osteoarthritis, without performing imaging studies.

Since the examiners work for the VA, they must have "Superpower Xray Vision".

 

My treating doctor used a 3.0 Tesla MRI study, and diagnosed tendon and ligament conditions/disabilities, along with arthritis of right ankle.

 

The PA s didn't know what was wrong, nor did they care.

It was lie... to deny, from the get-go.

 

 

Edited by 63Charlie

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That is good news on the IMO.  Did the RO in the decision discuss in anyway the IMO?

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Veterans need to be careful getting IMO's they need to make sure the Dr credentials are all intact board certified in the field of medicine of the veterans disability & to add they must use the VA set guidelines.

I have seen the VA go with the VA Dr's over a private Dr in different ways  either the private Dr was not certified or did not have the correct credentials to make his impression or was in the wrong field of medicine or not going  into strong detail to make his/her impression/ opine  to better out weigh the VA Dr's.

I agree a good IMO is usually favorable to the veteran

I believe this is called Relative Equipoise  or something like it. usually Relative Equipoise is a positive and if doubt  then it goes in favor of the veteran.

Edited by Buck52

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Charlie

   Welcome to the "VA world" where VA hires THEIR doctors, and pays them to write statements to deny.  The obvious solution is to pay your own doctor for a less biased opinion.  Trump says VA is the most corrupt organization in the US.  I hope lots of VA execs get fired with the new accountability laws.  The VA "hides" under what they proclaim to be a "Veteran friendly non adverserial system".  

Its way past time for VA lies to be exposed.  Most Vets have to fight VA tooth and nail for every benefit.  Remember, when VA employees can deny or delay you, this is party time for them.  Bonuses and parties...and favors for VA contractors.  

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