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Did this quack do your C & P exam?

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Berta

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GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

I am not 100% sure on this but when VA Hires Outside source  say QTC for medical exams  in this case C&P Exams

They (VA) are actually hiring  large nationwide medical provider company QTC & is  based as Lockheed Martin Company out of California.

QTC was originally founded in 1981 to provide injury and disability services for various government and private agencies, giving us unmatched experience.

This medical provider is contacted by  the VA for medical exams and the VA has their ''guidelines'' per say and is given to this medical provider.QTC Notifies the Veteran and sets up the exam date

VA never talks to these examiners  they only get the report from that QTC Examiner after the C&P Exam. via computer reports.

And some times they mess up and the QTC Examiner is not qualified to render his/her medical opinion, this happens at the VAMC a Lot, so the Veteran needs to ask about the examiners qualifications at the beginning of the Exam,  if the Dr don't have the credentials or is not qualified  then it's best the Veteran walk out of that Exam, check with the VA C&P Chief Coordinator at your VAMC and call or write his R.O. & let them know why and get confirmation. ASAP

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

 Are you asking me Ms berta? if yes

Well I elected a DRO HEARING and the DRO ask me if I was willing to take another C&P at a different VAMC And a Different Dr...I said Yes sir you bet.

Although that was not necessary  I had a good detailed  medical report  (IME) from a private Specialist. in the field of medicine I was claiming.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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On 2/10/2018 at 9:23 AM, Berta said:

I believe I definitely made that point in my public comment at the Fed Register-as to malpractice.

It is searchable under my full name, Berta Simmons.

And a vet could always try to get an IMO/IME  to combat a VA NP opinion, from a non VA NP-but I think VA would still deny the claim....because this regulation only pertains to VA employed NPs.

Someday vets will raise so much of a ruckus that the whole C & P procedure will get revamped.

or they wont,

and it wont...

The very fact that IMO/IMEs can overcome a lousy C & P, to me, ( public proof is at the BVA) is proof of VA medical incompetence..or proof that C & P examiners do not want to go against what VA wants of them, and they are paid by the VA- or paid by an outside foirm that VA pays......this is the biggest VA conflict of interest we have to put up with.

 

 

 

 

When I had a BVA hearing in or around 2009, the Judge (ALJ) had commented that there are a lot of conflicting opinions (VA C&P vs IMO).  Fortunately for me, the IMOs' exceeded the VA C&P Opinions.  I prevailed on the TDIU issue.  The TDIU should have been a "No Brainer", based on a 2005 SSDI opinion, awarding me with disability.  Unfortunately, the DVA doesn't view disability under the same guidelines.

VA Disability=Are you 100% disabled based solely on a Service Connection -vs- Social Sec.= Are you unable to compete in todays work environment based on disabling conditions.  In my case, my addl. Ortho problems are PROXIMATELY related to my SC, due to alternating (antalgic) gait.

VA recognizes "Lay Evidence", yet won't approve a disability claim made by a claimant, based on a "Self Serving" reasons.  You know, "The Knee Bone is connected to the thigh bone...".  Even though I screamed and complained via 10+pg. NODs & hearings for many yrs., the DVA FINALLY broke down and awarded me the TDIU.  DVA rating specialists, ignored MY claims.  The BVA ALJs though were in agreement and did not dismiss my case, but instead remanded it constantly.  This back and forth lasted a total of 15 yrs.!  What was the cause?  The C&P exams conducted by Dr.s other then Ortho!

What I suggest the Veteran should do, is DEMAND that they see a Dr. that SPECIALIZES in their condition C&P exam conducted by anyone else OTHER THAN a specialist in their ailments, will NOT be attended.  It is especially helpful if the Veteran has a BVA hearing stipulating the same language by the AJ".  MY BVA AJ, stated: "... that I be afforded an ORTHO exam, by an Ortho Dr..).  This is why I walked out of the C&P that was to be conducted by a Internal Med. Dr..

I then stipulated that I REFUSE attending an further C&P exams scheduled by DVA Officials, unless it was conducted by a Dr. who specializes in Ortho/Neuro.  I cited the 2009 BVA decision by the ALJ who used similar language.  I asked that DVA review the notes existing in my file made by Ortho doctors and decide based on this OR, schedule me for another C&P with an Ortho Dr..  I also stated that, when asked the C&P examiner was an Internal Med Dr. and did not qualify to render such a Bona Fide opinion.

By putting it THIS way, aren't you telling the DVA that you are 'willing' to attend a C&P, ONLY IF it will be conducted by a qualified specialist?  Aren't you appearing as 'Cooperative' & willing to attend an exam and that you have nothing to hide?  In my opinion, refusing to attend a C&P exam, doesn't necessarily mean that you are uncooperative.  I felt that I wasn't getting a "Fair Shake" in this "DUE PROCESS"! (Key wording!)

The Bottom Line...

You are right in your assessment that a lot of Vets will not pursue changing the outcome of how C&Ps are conducted.

Hopefully, they will read this forum and consider questioning such an underhanded exam.

What could the outcome be???

Well, if enough of you DO question such an appointment and state that you wouldn't see a Dr. who specializes in eye, ear nose and throat Dr., when you have a Neurological and/or Orthopedic AND this is NOT appropriate in the Outside World, we could actually change the way the DVA schedules C&P exams.  Writing the White House (online) & voicing your disgust w/your elected officials surely helps!

You have to ask the C&P examiner a lot of questions, including what courses they took while attending Med school & their specialty.  My latest C&P examiner had stated that she took courses in Med school in Ortho (its part of their curriculum), BUT she did NOT specialize in such.  ALSO...

The DBQ states that when conducting an Ortho exam, a GONIOMETER (pronounced: GO-Knee-AH-Meter) must be used.  This device allows for a more accurate ROM.  Guessing at ROM is NOT an option, esp. when a few degrees will determine that you are 0 degrees or 10%!  If you attend a C&P w/an ortho and they don't use a Goniometer, then you should state so in your appeal (especially if you believe that your ROM is worse than documented).

 

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  • HadIt.com Elder
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Some years ago I had a NP do my heart exam.   It was a bad joke.  She advised I had no heart condition.   I appealed and got 60% for CAD.  What I must say is without an IMO I would still be sitting on 30% instead of TDIU P&T with HB.   If a vet depends on a VA C&P exam for  their  rating then the vet just does not get the system.  The VA does depend about 99% on the C&P exam if their is no medical evidence to the contrary. You can't skip your C&P exam even if you are claiming an amputation due to a IED.  They will deny your claim even if you are double amputee.  The C&P exam is supposed to determine the extent of your injuries or illness.  The exam doctor puts your disability in a form where the claims examiner can determine the rating.   They usually get it wrong anyway.   I took my TDIU decision back to the IMO doctor and neither one of us could understand it even though I won the claim.  The only thing to think about with a VA claim is to win it as fast as possible.

 

 

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23 hours ago, john999 said:

 

Knowing that you have Cardio issues, the DVA should have scheduled for your exam, to be conducted by a Cardiologist.  A stress test should have been administered and it would determine the extent of your overall disability, along w/a sonogram & EKG to check for blockages.  What a pathetic agency that we have to contend with, when the uncaring few just schedule a Vet for an exam, that shows BIAS.  To make matters worse, they BRAINWASH us into thinking that if you DON'T attend, your claim is invalid?!  This makes NO SENSE.  As I gather, you must attend, so the DVA, can further confuse your file w/biased Dx's AND, if you refuse to attend, your claim is considered invalid, because you refuse to have a biased DX in your file?!  Either way, the Vet is screwed!

I wouldn't be the LEAST bit surprised that those that schedule you for a Cardio exam, most likely sent you to be examined by an ORTHO Dr.!

If applicable, the next time these people schedule you to see a Dr. and that Dr. is an Ortho Dr., call me and we'll switch! lol!  Chances are, they'll schedule me to see an Internal Medicine Dr., when I should be seeing your Dr..

You CAN refuse the C&P Dr. ***"IF"***...

*You have documents that show a prior Judge "ORDERED" THE RO to set you up for a C&P exam with a doctor that specializes in YOUR condition.

*You attend the C&P exam, to discover (asking qualifications), that the Doctor does not have sufficient knowledge that would grant you a Bona Fide exam.

*The Veteran MUST IMMEDIATELY contact the DVA and ask that the exam be rescheduled to reflect that the exam be conducted for the ailments that originally triggered the C&P appointment.  It's BEST if the Veteran, knowing that the DVA is about to schedule them for a C&P exam, that you request that the Dr. specializes in the field.  It's BEST, if it is done in WRITING & SUBMITTED PRIOR TO SCHEDULING!!!  WHY?  Because if the Dr. isn't sufficiently knowledgeable in your conditions, it'll cost the DVA more funds to obtain the necessary diagnosis to warrant granting the claim PLUS, it's less expensive to schedule you for a proper/accurate diagnosis so that you aren't placed in appeals hell, all because a Dr. didn't diagnose your condition(s) correctly and guessed (as your C&P shows).

Berta is correct in her statement, whereas it would take Vets to make the change.

Contacting elected officials, incl., my contacting of the WH, has helped.  I wasn't expecting the President to read it, but the WH staff forwarded my correspondence to the upper tier at the DVA!  You will either get a phone call and/or a letter, by DVA officials addressing your contact with the WH and they WILL move on it!

IF any of you Vets are depressed and/or feeling suicidal, contacting the WH will indeed make a difference.  When I contacted the WH, I wrote in "How I was depressed", due to (at the time) was a 13 yr. old claim.  On one occasion, I received a phone call on the NEXT DAY from my local clinic!

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