Cherry picking information

[Okemos_Veteran74]

Let's say I have to c&p exams for headache.

One C&P exam Links the headaches to traumatic brain injury.  The symptoms are not as severe on it. It would only allow me to get a 0% rating for headaches.

The second c&p exam has more severe symptoms, but it does not find a link between headaches and TBI.

In this example let's say that TBI is service-connected

Can the best information from one exam be used with the best information from the other exam? Or is only one whole exam usable? I guess I'm trying to say is it the best of or All or Nothing?

[broncovet]

Yes.  For example,  The VA can and does use a "diagnosis" from one medical exam, a "nexus" from an IMO/IME, and document the symptoms from still another doctor. 

You have to have documented medical evidence, but that can be from multiple doctors.   

When you read BVA decisions, the Board will stay stuff like:  Dr. J on 11-24-04 stated that the Veteran was diagnosed with depression.  However, Dr. P on 11-23-05, that the Veteran did not have depression but was Bipolar, and it had nothing to do with service.    

The case is remanded to the VARO to resolve this discrepency with a C and P exam.  

This is just an example.  

Edited April 11, 2018 by broncovet

[Okemos_Veteran74]

Thank you yes

[Buck52]

I think you have a pretty good shot here because TBI can be related to headaches.

I'd get an IMO on this if you need too?if you know what the C&P Results are?

just because two Dr's give they're  Different opinions  You need  to find a Dr that says it is likely as not your headaches is related to your S.C. TBI.

or something close to this.

I can't see why you were not giving a rating for the TBI?  YOU WERE S.C. at 0% but a TBI is very serious  that is messing with long term other possible conditions...TBI can cause a lot of other things to happen in the future  it can take away your senses  like smell taste hearing loss  eye site.

Cause havc to your entire body.

TBI Messing with your Brain per say and can lead to these other conditions..but the way the VA is We have to wait for these symptoms to arise  and that's not fair to the  Veteran.

[Okemos_Veteran74]

 

 

I am rated 70% for TBI. Headaches were svc connected to TBI at 0% in one c&p.  In a second c&p for headaches, I believe the symptoms were  more severe.  I know this because i was having more trouble with headaches, and i reported the symptoms as more severe and occuring with greater frequency.

  I haven't seen the c&p because with was not done at the VA.  (Private company). I havent asked fora copy of the results.  I know that they are in my records because my VSO has read me the results.  

I am embarrassed about this but I havent had the energy to ask Janesville for copiess of my records.

[Buck52]

Roger that on the 70%TBI

you should be able to go to your VAMC release of Records Desk an request your records back to the C&P Date...even if this was a Private Contractor 

VES /QTC or other,  it takes about 3 weeks for the records to be transferred to the VA Records Dept.

Note: your entitled to one free copy of any of your medical records including C&P Exams..if you can't get your C&P Results contact your VAMC Director.

or check with the VBA Dept(Veterans Benefit Administration)

Edited April 12, 2018 by Buck52

[Okemos_Veteran74]

Thank you again. I never knew any of that.