Did this quack do your C & P exam?

[Berta]

And if they did, has VA given you a new C & P exam?

https://www.disabledveterans.org/2018/01/30/va-disability-examiner-barred-business-gov-fraud/

[hollywoodnc]

For the past several yrs., I've noticed that VSO atty's along with private practice lawyers have been denouncing C&P examiners, as not having the appropriate background/experience and/or education, to render a bona fide medical opinion.

My conditions are strictly Ortho/Neuro and I've been examined throughout many years by those who have virtually very little experience with my said conditions.  Shouldn't I have been examined by a Dr. w/a background in Ortho/Nuero?

Most of these Dr's. are Internal Medicine, General Practitioners, ER Dr's. & even "PA's". 

Even though they have a "Generalized" knowledge, how can they render an honest & accurate Dx?

Knowing this, I wrote the DVA & mentioned that I refuse to partake in any future C&P exam, unless the Dr. has the sufficient background in my conditions.  ALJ Stephen Wilkens (Ret) agreed with me, that I should be afforded a C&P that specializes in Ortho. I used that tidbit in my letter.   From there on in, I question the examiners background & will refuse to partake in any exam, if they don't have a substantial Ortho/Neuro background!

If you are questioning my motives, then ask yourselves this...

When you have an ortho problem outside of the DVA walls, WHO do you go to see?  An Eye, Ear & Nose specialist?  If you do, what will that Dr. tell you to do?  Will he/she conduct an exam anyway? OR Advise you to go back to your Primary Care Physician to reset an appt. w/an Ortho Dr.?

I hope it's the latter.

Do you see my point?  Do you see why you all should start questioning the Dr's who are conducting these exams? If you are anticipating getting a claim resolved w/in a reasonable time frame, don't count on it happening if you are scheduled to see a Dr. that doesn't know squat about your condition or a nexis of how your ortho problem occurred. (See: Proximately Due to...)

My dealings w/ the DVA, stems over 42 yrs..  I am convinced that my entire file consists of many inaccuracies, made by Dr's. who didn't specialize in Ortho/Neuro, based on what I know now.

This day, my claims are being resolved CORRECTLY, being that I am being examined by Ortho Dr's..

This comment coincides with this forums subject matter based on Dr's (quacks) that don't know what they are doing and/or make up issues about conditions.

[pwrslm]

Decline the C&P and your claim goes bye bye. You must attend the VA's C&P exam, no exceptions.

Anyone trained as a medical pro can fill out the DBQ (disability questionnaire). The VA has several dozen covering most conditions. If they did not follow the requirements, you can attack the DBQ on appeal.

What you need to watch is if the RO gets an opinion for service connection from a person not qualified to render the opinion. The qualifications of the examiner can be brought up on an appeal, and that is done often.

[hollywoodnc]

14 hours ago, pwrslm said:

Decline the C&P and your claim goes bye bye. You must attend the VA's C&P exam, no exceptions.

Anyone trained as a medical pro can fill out the DBQ (disability questionnaire). The VA has several dozen covering most conditions. If they did not follow the requirements, you can attack the DBQ on appeal.

What you need to watch is if the RO gets an opinion for service connection from a person not qualified to render the opinion. The qualifications of the examiner can be brought up on an appeal, and that is done often.

Uh...in all due respect, that's not necessarily accurate.

My LAST C&P is an example.

I DID attend, but she did NOT examine me, after I asked her respectfully what her specialty was.  She DID ask if I wanted to continue on w/the exam, after telling me she was a specialist in Internal Medicine.  I also asked if she would use a Goniometer to check ROM, otherwise, it is was stashed in a drawer.

Not ONE DVA Dr. ever used a Goniometer, when rendering an opinion on ROM.  She would have been the first.  I mentioned that it was a requirement via the DBQ.  It states so on the form.  Otherwise these Dr's GUESS your ROM.

Now, I DID attend, however, after finding out she only had "Generalized" education in Ortho, that is not sufficient enough experience, esp. when I have an ORDER from an ALJ that I should be afforded a C&P exam w/an ORTHOPEDIC DR., along w/my argument using my example in my original post, RE: (OMO) "Seeing an Eye, Ear, Nose specialist for an Ortho exam" and the Dr. would send you back to your PCP, to set you up for an appt. with the RIGHT Dr.!

Now on flip side, you are RIGHT.  The DVA has US "Brainwashed" that if they don't get the incriminating evidence to beat the Vet down, the claim "goes bye-bye"!  After 40+ yrs. of the VA pulling this underhanded stunt, I decided ENOUGH IS ENOUGH!

I read & hear the complaints CONSTANTLY on VA related forums, about the "Delay Game" and I will do MY PART to make it, so ALL OF US don't have to go through the unnecessary appeal crap anymore.

Having a letter by an ALJ stipulating that I be afforded an exam by an ortho dr. is the key.  I wave it like a flag now!

OK...GRANTED: I have a BVA ALJ stating this and it required me to originally APPEAL to get that statement.  This is what we ALL have to start doing...

#1) IF you have a VSO handling your claim, have them construct a letter, requesting that you see an examiner that specializes in your condition(s).  If a Veteran has ailments that requires an Internal Medicine examiner, they're in luck.

#2) If the DVA schedules a Vet to a Dr. that does NOT specialize in his/her condition, after they are in receipt of the letter in #1, report to the C&P and ask the Dr. for the Credentials/Education/Medical background of their field.  If you don't believe they qualify enough to render a bona fide Dx., then respectfully decline the exam, go back home and contact your VSO and/or write a letter stating that you attended, however refused based on the Dr's lack of education/experience. AGAIN, resort to the "Eye, Ear, Nose" example for an ortho Dx. in the outside world.

#3) If the DVA DENIES your claim, your argument should show...

A) A letter was originally constructed to request that YOU asked the RO to schedule an appointment w/a competent Dr. that has a complete background w/your condition(s), so that the DVA or the Veteran, is not burdened with more un-necessary appeals, based on a Dx that was not rendered accurately. 

This will save the DVA a lot of money, IF they take the time to schedule US with the appropriate examiner. Chances are, appeals could significantly DROP in numbers if this is performed, saving US from long wait times.

B) The "Burden of Proof", is placed on a Vets shoulders in that, a Veterans SC condition is caused by his/her service is based on a Dx by someone w/a Lack of Appropriate knowledge should scream an UNFAIR bias to us.  It makes NO SENSE!

 

The Bottom Line...

I'm sick & tired of the Bureacratic BS that the DVA has been pulling on me for MANY YEARS!  They have been scheduling me for these bogus C&P's w/people who do NOT possess the necessary knowledge to render an accurate Dx.  I've been through MANY BVA hearings and appeals, because of this BS!  We shouldn't have to go through this!!!

You had mentioned that I could appeal the DBQ Dx., yet you appear to be unaware that with a TAINTED DBQ in my file, other examiners review the record and NITPICK Dx's made by the examiner that had no business rendering an opinion to begin with!

Case In Point...

A Dr. in the late 70's diagnosed me with SPINA BIFIDA!?  Every Dr. AFTER this, included this ailment, which I don't have!  WHY?

Because the C&P is not to HELP the Veteran, it is to HINDER them!  That supposed HOLE in my spine, was a piece of FECAL matter passing through my intestine as the X-Ray was being taken!

Do you see my point now as to WHY Veterans should request seeing a Dr that specializes in MY conditions?

'nuff said.

[Berta]

I completely agree with you and the C & P exam is what most denials are based on.

If you ,or anyone here, gets an order from the BVA ,in a remand, for a specific type of doctor to opine on your claim, and you get someone without those specific credentials or expertise, you can and should challenge that C & P ASAP if it is not what BVA ordered.

I say that from experience.

I had 3 IMos at the BVA that supported my   AO DMII death claim. The VA had 2 posthumous C & Ps that denied my claim.

The BVA ordered a VA cardio opinion, on remand.It was done at the local VAMC and I got a copy of it right away and immediately rebutted it because no cardio did the opinion- a PA did - a PA is a long way from being a cardiology expert. 

I rebutted it as being too speculative , and I  gave my lay medical opinion of the medial errors in the exam and sent that to the BVA ( and also I ordered another costly IMO from a forensic non VA  cardiologist.)

My award from the BVA came before my IMO cardio opinion was even written up.BVA agreed it was too speculative.

The fact that contracted -out C & P exam results, as far as I know, are still unavailable to claimants until their claim is decided, is in my opinion, a complete loss  of our basic rights to be able to fully support our claims.

Is that still the status quo on contracted C & P exams? Or do they appear in ebenefits before the decision is made?

Since veterans are  now supposed to have Choice for their medical care (I know very little about the choice program)

still that means ,in my opinion, they should have Choice over C & P examiners and be able to get a real doctor, with full expertise in the area of their disability , at no cost to the  veteran, to opine fairly on their claims.

I bet the Secretary has no idea of how much money disabled vets or their survivors have had to pay out to get a IMO/IME that adequately covers their issues with a full medical rationale.

The fact that IMOs/IMEs often completely overturn denials supports that fact that we do not get a fair shake from C & Ps that VA pays for , that cause denials ,that in turn cause the backlog to continue to grow.

 

 

 

 

 

Edited January 31, 2018 by Berta

[Buck52]

All Veterans should question the C&P Examiner for their creditinals/expertice at the  beginning of the Exam... I always have did that. no law says we can't ask them about that.

I mean like hollywoodnc mention

I don't want a Foot Dr EXamining me and checking my records for my Chronic  PTSD  to evaluate me ,that I  feel has got worse asking for an increase.

[hollywoodnc]

Hi Berta!

I am SO SORRY, that you had to be dragged through the Bureaucratical BS especially after a loved one passed!  As if you aren't feeling enough pain already, the DVA has a tendency of really piss someone off by rubbing salt in the wound, all based on a lack of attention to detail!!!

AGREED...A Cardiologist would have been a LOGICAL choice to examine posthumous, instead of Physicians Assistant.  Some, not all, BARELY have the experience of Cardio Pulmonary functions, let alone the expertise.  It appears that someone had dropped the ball in your case and I'm sure records show, that the deceased was a relative, where as SPECIAL CONSIDERATIONS should have been performed. eg: Assurance the a SPECIALIST conducted the exam.

I'm sure You'll agree that, there are some GOOD people at the DVA and there are some real MORONS there too!

Addressing the Choice program...

As far as I learned, I'm eligible for CHOICE, being that I live over 40 miles from my Local Clinic.  Thus, I can see an outside doctor, HOWEVER, the "Choice" is limited AND the DVA has some sort of agreement/contract with certain doctors.  Another point, is that I was scheduled to see a doctor, which was located OVER 40 miles away?!  What's the use, when CHOICE was originally established, so that Veterans OVER 40 miles could use CHOICE!  As you can see, this wasn't a very well thought out plan.

Re: the lack of Ortho & Neuro doctors...

In YOUR 'Neck of the Woods', have you noticed that the DVA is making headway, by FINALLY hiring some Ortho & Neuro doctors?  It's about time!  I reside outside of Ft. Myers and my clinic (Bay Pines Jurisdiction) has a few Ortho Dr's!  There's a REALLY GOOD Chief of Ortho in St. Pete (Patricia Bauman).  Her and I have had interesting discussions, as well as options.  I am not sure she is still there though.

Anyway, it's good to see that the DVA has come to its senses and is hiring Ortho drs.

For years I had to put up with 'General Practitioners', Internal Medicine and everything BUT Dr's that specialize in my conditions.

Then the DVA wonders why they were so backlogged!?

It was a WASTE of Funds for taxpayers, when Millions of Veterans were  appealing and ALL based on Dr's that had no business Dxing on conditions they weren't specialists in.

It was also a WASTE of a Veterans time and like myself, it put me in SEVERE financial straights; at ONE time almost making me HOMELESS!

It's also a WASTE of time for the employees working claims.

It's frustrating for an ALJ when all they want to do, is ensure that a Veteran gets a fair & justifiable decision on his claim.

To ALL you Guys & Gals applying for claims against the DVA for ortho (really ANY ailment) that's considered as Service Connected...

When scheduled for a C&P exam, as others have mentioned "Go to it", HOWEVER, when there, ASK the examiner of their educational background in your condition(s)!!!

If they do NOT have the expertise, then LEAVE w/o being examined. (some will scoff at me, but I've explained WHY).

Immediately after, contact either your VSO and/or the DVA and explain to them why you refused the exam.  DO NOT forget to do this.

If you decide to continue on with the exam, if it requires a device to render a proper diagnosis (in Ortho a GONIOMETER), than insist that the device is used.  A Goniometer is recommended for determining accurate ROM of joints.  If a doctor either refuses or doesn't have one, than leave the C&P.  Again, contact VSO and/or DVA and inform them that it is a requirement and the Dr. did not have access to the DBQ recommended tool.

It's TIME we all stand up and not allow the DVA to roll us over.

I requested that I appear in front of the Committee or Sub-Committee of the DVA and was told that I had to be "Invited"!?  Writing letters went on deaf ears also!

Enough is Enough!