C&P concerns

[Ddsr]

VETERANS...I wanted to express to all that we must stand up and united against what continues to be wrong with the Veterans Association. Specifically I want to talk to all about C&P exams. I recently had a C&P exam which in the end has me doing whatever I can and searching for information regarding what happened. During the C&P exam I from the beginning requested a form 10-5345. The examiner stated they did not know what that was. So I was from the beginning ready to let the examiner I was aware of what was going to happen. As the exam was completed I made sure I in fact turned in the release of information form 10-5345. As I read the notes I could not believe the examiner had written false information. Basically the examiner quoted things I never said which would hurt my claim. Today I received an email to complete that had to do with my recent C&P visit. This was sent by the VA. Since all of the scandalous exposure of the VA there has been a string of these surveys sent to Veterans. I can only hope these surveys will in fact be read and acted upon. I completed the survey explaining what happened and am in hopes that someone that has integrity from the VA will contact me to discuss further. I am also going to go over this with my VSO and further fill out paperwork on this incident. My point to all is DO NOT sit around and allow these things to happen. Lets all be proactive and keep pushing as has been the case now for about 3 years. I can see us gaining ground, but we must not rest on our laurels. 

[jfrei]

That's it I didn't call them they called me because of someone sent an inquiry to them telling them to update me with my appeal and claim being both worked on with a rater. She explained some details about my TBI and PTSD and how they are seperate. What I found out is that the neurocognitive disorder I was recently diagnosed with from my TBI is a mental disorder and just a guess will be paired with the mental disorder PTSD and Adjustment Disorder. But having the medical dx of a sTBI residuals on top of the NCD is a seperate issue the doctors have all now come to an agreement. I said finally my first clue how this whole thing might be rated as far as percentage I can't wrap my scattered brain in that thought or it would consome me night and day.

[IMEF-Gunny]

My primary care, wrote in my notes that I am an Air Force Veteran, my wife is an Air Force Veteran and my daughter is trying to get into the Air Force. I am a Marine, wife has never served in any branch, nor has my daughter ever tried to join the Air Force.

I never corrected her on this, because at some point in all of this fighting with VA over records......that little tidbit will be indicative of the "accuracy" of their medical reports.

[jfrei]

On 9/9/2017 at 6:43 AM, Buck52 said:

Why is the HOTLINE a waist of time? what are they telling you guys anyway?

When you call this Hotline #  It's very Important to not be rude or ab-notches  because then you won't get the information you need.

  We  all got to remember to keep a good attitude....I am sorry its this way but to get the information we need or how we get it and from who, we have to make an'' Attitude  Adjustment'' rather or not we like it,  that's just the way it is.

I have nothing but results with the hotline as far as my appeal and claim go, that are now pending notification approval for my claim and my appeals moving as well.

[63Charlie]

On 9/9/2017 at 6:43 AM, Buck52 said:

Why is the HOTLINE a waist of time? what are they telling you guys anyway?

When you call this Hotline #  It's very Important to not be rude or ab-notches  because then you won't get the information you need.

  We  all got to remember to keep a good attitude....I am sorry its this way but to get the information we need or how we get it and from who, we have to make an'' Attitude  Adjustment'' rather or not we like it,  that's just the way it is.

 

Here's my condensed version...................

For me, the hotline process was a total waste of time.

I called the WH number.

Ten days later, I get a call from the VARO.

I was contacted by a Senior VSR(SVSR) in St. Pete.

 

He asked what my concerns were.

I  stated that the VARO erred by NOT service connecting/awarding my disability after I received a diagnosis, and favorable nexus opinion from the VA's initial contracted C&P examiner(July 2016).

The VARO wouldn't render a decision on my claim until after I was sent to the VA version of a "NECKTIE PARTY".

The second C&P examiner(Dec. 2016) opined that my disability WASN'T service connected.

Would you venture to guess which examiner that the rater said was "more persuasive" of the two?

 

Both C&P exams were performed by PAs..

 

The SVSR, after his interrogation, opined that it looked like I have a good chance with my appeal.

After all this, the SVSR stated, "Unfortunately, I will need to wait in line for my appeal to be heard at the next level as this matter is above his pay grade to change that decision."

The VBA has put forth significant effort to deny my other disability claims that would entitle me to receive TDIU benefits, possibly 100% schedular.

 

I made it a point to state, before our conversation ended, that as long as I draw breathe, I will keep fighting the VBA for my benefits

 

 

Edited September 21, 2017 by 63Charlie

[Buck52]

Roger That 63 C

It's known as the ''Hamster Wheel''

It is very Unfortunate 

In this case about all you can do is keep your appeals going  and contact a Repeatable Attorney with Veteran Law Experience 

If you have did all the other things like contact the WH # or contact your Congressman/Senator.

you could email the VA Secretary Office and complain to who ever gives you a reply.

And ask for a review of your case.

Be civil /polite in your email.

Edited September 21, 2017 by Buck52

[Berta]

The best way to deal with a lousy C & P exam is what veterans do not often want to hear.....

They need to get an Independent Medical Opinion from a doctor with enough expertise in  the field of  the disability to combat the faulty C & P exam.

They must follow the IMO criteria here at hadit and attach a CV (Curriculum Vitae) and give a strong medical rationale.....

I dont give advise on IMOs without having done that myself.

My lay medical opinion and evidence was enough to win a FTCA case, but that is only because I dealt with OGC lawyers and VACO and these high level VA people can read.( and I was a very agressive claimant,keeping on my issues all the time ) In those days I could not find any IMo doctor  or even any lawyer would would help me.

But for my DMII AO claim I got 3 IMOs. 4 thousand for 2 of them and a freebee, and I knocked down their last C & P 

myself and sent my rebuttal to the BVA-and BVA concurred with me.

I have not been able to comprehend WHY veterans have not fought aggressively against the VA's C & P system.

It is an utter conflict of interest ( as they get paid by the VA) and of course their exam results are the basis of countless denials amd therefore a main reason for the backlog.

As anyone can see by reading BVA awards (RO awards are not public), many denials are overturned by a Real 'non Va -doctor's opinion.

Is that fair? Of course not because many of those opinions are very costly.

But until vets themselves start complaining directly to Shulkin and Trump and the H/S veterans Affairs Committees and to any Congressman/woman or Senator who sits on those committees or the sub committees on Disability, the VA wil continue to deny claims, solely based on a VA medical opinion.

When I knocked down the last posthumous C & P exam (which the BVA had ordered) The BVA had asked for a cardio opinion, and I then paid for another IMO, and stressed to the BVA  in an immediate rebuttal, that the opinion was done by a PA and the BVA already knew ( from my past FTCA/1151 awards,) I knew more cardio than the PA did and that his opinion was too speculative.

I didnt have the 4th IMO yet. Soon after sending my rebuttal to the BVA ,a big brown BVA envelope came and I firgured it belonged to someone else ( I had already received 2 decisions from BVA over the years and had to contact their POAs because the decision was not for my claim.One was an award but the other was a denial and I emailed the POA how they could  fight the denial.)

A few days later I finally opened the BVA envelope and was shocked because it was an award, for my AO DMII claim! I called the forensic firm who had sent my IMO stuff to their cardio doc and they refunded about half of my fee, because the IMO had not been prepared yet and I didnt need it.

When will veterans  ever unite and decide to do something serious about these lousy C & P exams??????