HadIt.com Elder Buck52 Posted December 31, 2017 HadIt.com Elder Share Posted December 31, 2017 (edited) PTSD Forensic PTSD Exam, What can a veterans do if the C&P Examiner fails or ignore some sound evidence during the Exam? (not maked the boxes ) and the out come is a denial? would this be reason to cue? or simply ask for another C&P Exam because the one that got the denial was inadequate or incomplete ? failure to read or ignore crucial evidence is a major error I would think and just cause the veteran more delays. How would veteran request another C&P? And who and were would he send the request? Without going the NOD Rout? if possible Thanks in Advance Edited December 31, 2017 by Buck52 Link to comment Share on other sites More sharing options...
0 toddt Posted December 31, 2017 Share Posted December 31, 2017 Good question. I recently had a C&P exam where, I believe, the examiner (a PA) did not check one of the boxes that should have been checked. My feeling is that she, the PA, was not familiar with a medical term on the DBQ. I contemplated firing off a letter to the RO pointing out the mistake but have decided to wait for the RO to issue either a denial or a reduced compensation award, then I will NOD on the basis of incompetent examiner. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted December 31, 2017 Author HadIt.com Elder Share Posted December 31, 2017 If I understand it they can use evidence that was not read or used and ignore to help substantiate the claim..its letting them know that is the problem. Link to comment Share on other sites More sharing options...
0 Gastone Posted December 31, 2017 Share Posted December 31, 2017 I think the answer depends on a VMC C & P DBQ or an Outsourced C & P DBQ. It all comes down to how soon the Vet realizes there is a possible problem. If the problem is realized immediately, filing a 21-4138 addressing the supporting Evidence of Record that was not considered by the DBQ Clinician and attaching Pdf's of the EOR or New & Material Evidence, should be adequate for the Raters Decision. Sooner is much better than later. A Vet Dragging his feet will end-up locked in a NOD. Inarticulate&Distorted 1 Link to comment Share on other sites More sharing options...
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Buck52
PTSD Forensic PTSD Exam,
What can a veterans do if the C&P Examiner fails or ignore some sound evidence during the Exam? (not maked the boxes ) and the out come is a denial?
would this be reason to cue? or simply ask for another C&P Exam because the one that got the denial was inadequate or incomplete ?
failure to read or ignore crucial evidence is a major error I would think and just cause the veteran more delays.
How would veteran request another C&P? And who and were would he send the request? Without going the NOD Rout? if possible
Thanks in Advance
Edited by Buck52Link to comment
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I think the answer depends on a VMC C & P DBQ or an Outsourced C & P DBQ. It all comes down to how soon the Vet realizes there is a possible problem. If the problem is realized immediatel
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