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Wayne TX

STUMPED

Question

I had a C & P DBQ done by a VA ENT Clinic in late 2015. The VA examiner diagnosis was Hyposmia ( reduced ability to detect odors) and  Hypogeuisa (decrease in sense of taste).  I was made an award of  0% for both based on the C & P Examiner stating in Remarks Section: "It is at least as likely as not loss of smell/taste is related to SC allergic rhinitis."  Further, under Remarks, C & P examiner stated "No reagents available in ENT clinic to test loss of smell/taste."  I did not identify with the word "reagent" so I looked up the medical definition:  :"a substance used in a chemical reaction."  I was given no testing substance or even a blind test of any kind at this C&P exam therefore stumped in putting together a challenge of "how could a Medical Opinion be determined as reduced, near total, or total loss without reagents involved? If I have to be out of pocket to pay for independent testing done now that would still just be one opinion versus this one and whose to say that testing would meet VA's standards and be thrown out ?????  I will be seeking at a DRO Hearing a compensable award of 10% without any evidence to the contrary to provide as I currently have none.  If no reagents were "available" whose fault is that?  VA or Vet? I'm worse off than just reduced, but I still have no idea to what degree because no testing results. At what degree does total loss trump a reduced opinion? I'm clueless.  This is NUTS and confusing!    Seeking a little friendly advise on how to handle this NOD?  Any suggestions appreciated. 

Edited by Wayne TX

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You do have an opportunity to challenge a C and P exam.  However, you dont have an "unlimited" opportunity to do so.  When was your RO decision?  Was it within a year?  

Your examiner provided you with a nexus, and you were apparently service connected.  Beyond that, it boils down to "symptoms".  Did you check the schedule of rating for this condition?  

You have 4 choices:

1.  Do nothing.  

2.  Apply for an increase.  

3,  File a NOD if the decision was within one year or

4.  File a CUE if it was over a year.  

     Absent a challenge from YOU or your representative, the examiner is given a presumptive.  Since you did not rebut the presumptive, then the exam is considered valid.  

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I did 2 & 3 already and just waiting now and figuring out what else I can do. Rating is 10% tops.  I want to effectively challenge the exam for failing to provide testing and rebut the presumptive.  Thanks for the advice and reply.  

Edited by Wayne TX

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Wayne Tx

Was your C&P done at the Dallas VAMC ENT Clinic ?

was the examiner Dr James Fincher?  Kinda looks old about miD 70's

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Buck.....you nailed it on the head.   He's the one and no testing was done either.  

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I've had I bet 20 or more veterans I talk with at  appointment clinics  at MH and Urology ...that have said he loves to mess with veterans and use his MD Power he can to take away their benefits or not get there benefits...so you may be on your guard with him...unless he likes the veteran then no problem but if they see him for a C& P  then he is a total A** H****

A complete Jerk...so do all you can and be serious about your Disability or injury when you go see him.  read up on your disability  so you can let him know you do know some about it  although your not a Dr but you can read.

jmo

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