Did my C&P Exam go wrong?

[Logarius]

I got scheduled to go get my C&P exam about little over a week ago. I wanted to reopen some cases for PTSD, Digestive disorders, Anxiety/Insomnia, back and shoulder issues. I show up to the VA Exam and get led into the room, to find out that the examiner is doing a Skype Interview rather than being in-person (and they are 45 minutes away). She goes over the basics for Anxiety/Insomnia, marital issues, etc. I start to try to bring up PTSD, but she brings it back to Anxiety/Insomnia category of topics to talk about. So, after about 30 minutes, she only covered that topic, and I felt a little frustrated, so I asked about going over all of my other issues which brought me into the exam like PTSD. She goes on to say "Oh, PTSD, yeah you are going to need another exam for that". So I think nothing of it until I go home and really ponder, how was a supposed to do a physical exam or anything else.

So I called the VA today to try and figure out if I will be needed back for another exam. The guy on the phone says, "yeah I see the notes from the exam and she marked you down for PTSD, Depression, Anxiety/Insomnia but there are no notes about having you come back in". So I explain that I never went over 80% of the items I came in over. I am really uncertain and not sure what I should do. 

[broncovet]

First, try to get your hand on a copy of what the examiner wrote in his/her report.  Determine if this exam report will be favorable or unfavorable to you.  To be favorable, you need either the applicable nexus, or the documentation of increased symptoms.  

If the exam report is favorable, you dont have to do anything but wait. 

If the exam report is unfavorable, then consider an IMO/IME, or perhaps another VA doc to refute an unfavorable report.  

Dont go strictly on "what you feel" the doc said, but read what he says.  Many times you just cant go by how friendly/unfriendly the examiner is, you have to read what they say. 

If you simply understand that the VA is required to give you the benefit of the doubt, then you should be able to rely on the more favorable of 2 exam reports.  

[Gastone]

L, appears this C & P was completed by a Private Contractor, Exam Notes and/or DBQ won't appear in your VMC Med Recs, they'll be forwarded directly to your RO Rating Dept.

You reference "Reopen," how about posting redacted copies of those Denials so we can better understand your Claims situation. How long have those Decisions been Final? Are you SC'd for any conditions? Your CSC (Combined Service Connection) Rating is?

Do you use a POA-VSO or are you attempting these Claims as a DIY project? From your above post, I'd recommend using a VSO with an HQ Office located at your RO. Besides having direct Computer access to your C-File, the Rep could walk down the hall if he's acquainted with the Rater handling your claim.

 

[Buck52]

 Also ,

You can Check with the VBA(Veterans Benefits Administration)They have excess to all medical records on their computer, you sign a FIOA and they will call you back to a VSO desk and you can tell them you need a copy of this last C&P Exam  on date***** after about 2 weeks I did this same thing when I had my PTSD Forensic Exam from QTC, the VSO looked on his computer and walla there it was he printed me a copy   and I left  took about 20 minutes wait time out front.

[Berta]

You said-this was a re-open for a few disabilities-

That tells me they denied many already-

Can you scan and attach here the decision that denied for PTSD, and Anxiety Cover your C file # ,name, address prior to scanning it.

They could easily stick with the prior denial, if they receive no new evidence from

Denials contain exactly what is lacking in claims.A Re-open must cover their reasons with new and material evidence they have not seen before.

 

Edited June 27, 2018 by Berta
spelling

[Logarius]

Let's see if I can answer everyone's questions and suggestions.

I currently don't have any of the previous paperwork from the past denial. About 2 years ago, I was wanting to go into the Air Force, and was told by the recruiter that I needed all of my service records and medical history to file in order to enlist. I first checked with the VA, and they only a sent small portion of my medical history was in their file. Then I went to try and get my entire history from the Archives which took several months, but only received a same information. All of my medical history for the 2nd half of my enlistment, to include hospital visits, and the whole nine yards, they had no record of it.

I am SC for Insomnia/Anxiety and Memory Loss at 30% and Tinnitus at 10% so I currently am at 40%

From what I can recall, my denials were related to not having the applicable nexus, even though I filled out every report for traumatic events,  or ways that it would be SC. 

The lady I spoke with at the end of the exam said "your disability rating won't go down, but you will likely see it go up a good amount". 

Edited June 27, 2018 by Logarius
Forgot to include information needed for post.

[Navy4life]

2 hours ago, Logarius said:

The lady I spoke with at the end of the exam said "your disability rating won't go down, but you will likely see it go up a good amount". 

Whenever an examiner states this, it makes me cringe because all they are supposed to do, is do the exam and that is it.

 

2 hours ago, Logarius said:

I currently don't have any of the previous paperwork from the past denial. About 2 years ago, I was wanting to go into the Air Force,

So you were previously in the service and wanting to go back in?  Were you already 40% service connected at this time?

 

14 hours ago, Logarius said:

I got scheduled to go get my C&P exam about little over a week ago. I wanted to reopen some cases for PTSD, Digestive disorders, Anxiety/Insomnia, back

Besides the anxiety/insomnia, did she discuss the back issues?  I would think the back would be another C&P and you most likely will have that soon.   As far as the PTSD, yes, that would be with a mental health professional either with the VA or contracted through either QTC or LHI.  I just had my claim for PTSD completed, I was doing an increase, and it was with a MH provider, as it always should be.

If you want to establish any type of service connection, you have to have the three following factors:

1. In-service injury 

2. Continuity of injury

3. Current diagnosis of injury