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VBA testimony and GAO report-C & P examiners
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Berta
As you all know, C & P exam results control almost all types of claims.
VA employees have no choice but to go along with a negative C & P exam that will deny a claim.
Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases.
Ben Krause has this article at his site today:
https://www.disabledveterans.org/2018/11/16/va-evades-accountability-during-congressional-disability-exam-hearing/
I have not watched the hearing yet ( surprised I even have internet access- over a foot of snow here- higher drifts, but fortunately my Satelitte dish is not full of snow or ice - yet)
"The Veterans Benefits Administration has increasingly turned to contractors to conduct the medical exams that veterans may need for disability claims. According to VBA, contractors help it avoid delays in the claims process. VBA awarded up to $6.8 billion in exam contracts in 2016.
This testimony examines VBA's oversight of these contractors. We found the agency does not know the extent to which contractors are meeting the exam contract's quality and timeliness standards. The agency identified some contractor performance problems, but the incomplete information gathered on performance highlights the inadequacy of VBA's oversight."
https://www.gao.gov/products/GAO-19-213T
I haven't read that GAO report yet either. But this is cost , in my opinion, is ridiculous.
"VBA awarded up to $6.8 billion in exam contracts in 2016."
I do not believe neither the GAO nor the VBA has any idea of recklessly these contracted C & P exams can be done.
It would be GREAT if any Vet Lawyer would consider a class action for veterans and their survivors who have been forced into the expense of IMOs/IMEs solely because the C & P examiner did a lousy job.... and the contracting outfit they work for,still got paid by VA ( and the taxpapyers) for their lousy work.
I am filing a IRIS complaint today because, after Peggy (800#) told me the had received my request for a C & P exam, months ago- yet Peggy said recently they never got this request.
Buffalo VARO called me to tell me they did have my evidence and had "someone in mind" who would do the exam right away.This was 2 years ago.
The "examiner they picked had my probative evidence, yet never considered it. I filed CUE immediately on that and they awarded the claim right away.
But I am still poed-because how many widows like me or veterans in a similar situation would know how to file CUE ASAP.
I think this posthumous C & P exam was done by a non medical person- who tried to overcome a 2 page opinion from VACO,done by VA's Top Cardio doctor.
I am emaiing GAO as well to see if they accept input from VA claimants on C & P exams.
And there is also the Accountability Office as wel as the White House Hot line, to complain to too.
Six Billon in 2016-I bet those contracting outfits got paid a lot faster than all of you ,who were awarded your claim, but are still waiting for your retro.
If the VA ignores your probative evidence, whether they list it as Evidence or not, it is a violation of 38 CFR 4.6 and you should file CUE under auspices of 38 USC 5109, and state that volation- ASAP.
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