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Did my C&P Exam go wrong?

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Logarius

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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. 

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You posted:

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 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. 

Correct.  Until you fix the above problem, you wont be getting service connected, no matter how many forms you fill out.  You need a nexus.  Now you have identified the problem.  Im not sure you understand what a nexus is.  A nexus is a statement from your doctor linking the Caluza elements, that is your "current diagnosis" to an "in service event (or aggravation)".  

You need a statement from a doctor which says, "Your (PTSD, depression, anxiety, etc., or other current diagnosis) is at least as likely as not due to (an event) in military service".  

You can drive any kind of car you want, but, without a nexus, dont even bother to appeal.  It wont fly.  

To get this nexus:

1.  Ask your VA doc.  Its possible he may provide it.  Simply say, "Do you think my (PTSD) is related to that trauma I (tell him about the trauma, such as you witnessed someone get killed, or even found out your friend got killed, you got raped, you were beat up, etc., etc) I received in military service?"   If the doc says, "yes", then ask him to document that in your records.  He may do just that.  

2.  Ask another VA doc.

3.  Check your records..READ them...you may already have a nexus statement (by a doctor) in your file that you did not read and VA did not read.  If this is in your records already, send evidence (the medical exam which provides nexus) to VA as "new and material evidence" under 38 cfr 3.156.   

4.  Ask a private physician if they can do a nexus statement. (IMO/IME).  You will have to pay for this method.  

      Make no mistake.  You wont be getting service connected without fixing this problem.  

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9 hours ago, Logarius said:

Since getting out, I have never been treated, seen a doctor or anything of the sort from a private doctor or the VA

That’s your problem. You have no continuity of issues, PTSD and you have no current diagnosis. Also sounds like you don’t have the recognition of even in-service. Very tough for you to fight. 

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10 hours ago, vetquest said:

What you need to do first is get a copy of the C&P exam that this doctor performed.  If your VA is local and the C&P was performed by a VA doctor you could go to release of information and request a copy of the C&P.  If it was a private doctor it takes more time to get the results and they usually come on a CD. 

My experience with this is very different. I have had two C&P exams in the last year. One was done by a VA contracted doctor, the other at a VAMC.  I requested copies of both exams soon after they were done.....and were denied both times.  They explicitly stated that the exam  results are controlled by the VARO and can only be released by them.  My VSO says that that the VARO will only release them after the claim has been decided. 

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3 hours ago, dwilli12 said:

My experience with this is very different. I have had two C&P exams in the last year. One was done by a VA contracted doctor, the other at a VAMC.  I requested copies of both exams soon after they were done.....and were denied both times.  They explicitly stated that the exam  results are controlled by the VARO and can only be released by them.  My VSO says that that the VARO will only release them after the claim has been decided.  

That is news to me, I will look into this unless someone chimes in sooner.  These are part of your medical C-file and you are entitled to them the same as any other medical records.

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17 minutes ago, vetquest said:

That is news to me, I will look into this unless someone chimes in sooner.  These are part of your medical C-file and you are entitled to them the same as any other medical records.

 That is correct when ever you go to a contracted VA facility for example QTC or LHI their reports go directly to the VA and are not released to the veteran or the representative until after the claim is decided. If you have a CnP exam at a VA facility then you can see it on your blue button under my healthy vet’s.  If you have a CMP exam at a VA facility then you can see it on your blue button under my healthy vet. 

 Honestly sometimes it’s better not to see it because we can take those reports as a lame person wrong when in reality they may be a good report so I’ve learned not to even look at the CnP exams 

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