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Berta

NVLSP and bad C & P exams

Question

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-dismayed-over-gao-report-on-va-disability-exams-and-the-need-for-impr

NVLSP Dismayed Over GAO Report on VA Disability Exams and the Need for Improved Performance Analysis and Training Oversight for Contracted Examiners

"FOR IMMEDIATE RELEASE – November 16, 2018

WASHINGTON – National Veterans Legal Services Program (NVLSP) executive director and co-founder Bart Stichman was dismayed at the findings of the Government Accountability Office (GAO) Report on disability exams conducted by the U.S. Department of Veterans Affairs and the need for performance analysis and training oversight for Veterans Benefits Administration (VBA) contractors.

“This report confirms our worst fears that the VBA examiners are ill-prepared to properly assess a veterans’ disability.  A bad assessment can have catastrophic consequences on a veteran and his or her family,” said Stichman.  “Veterans served nobly and expect their government to take care of them when they have suffered injuries or illnesses due to their military service. This is no way to treat our veterans.”

“Moreover, the recommendations put forth by the GAO do nothing to help our veterans right now who must deal with the negative consequences of the bad exams already conducted by these contractors, who are getting paid $6.9 billion dollars for their “unsatisfactory performance.”  According to the VBA, only one contractor met its target of 92 percent of exam reports with no errors. The vast majority of contractor scores were classified by VBA as “unsatisfactory performance” with quality ratings as low as 62 percent."

“The efficacy of the exams and the training of the examiners has to be a priority.  Timeliness hardly matters if the exams are poorly conducted,” said Stichman. 

“The outcomes of these exams have life-changing impact on our veterans, especially those who may be suffering from post-traumatic stress.  All the veterans who have been denied disability compensation based on these faulty exams since these contractors were employed should have their claims reopened immediately and a new exam provided by VA in house.”

“These contractors are a prime example of the waste in the system that should be eliminated and the money spent directly on our veterans. I applaud Congress for holding a hearing to examine the report findings and hope more can be done to help our veterans be treated fairly.”

About NVLSP
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1980. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law.  NVLSP’s success in these lawsuits has resulted in more than $5.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org."

MEDIA CONTACT:  Patty Briotta, office 202-621-5698, cell 703-517-1796, patty@nvlsp.org

(Maybe this will be the impetus for NVLSP to start a Class Action against the VA- I dont know- I will try to find out ore as well as the GAO report they refer to.I thought this was important enough to put in the main forum)

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Can't answer for Ms berta

but when I had my PTSD  C&P Exam  I was sent a letter from QTC (Quailty Time Customer) a contractor the VA hires to do these PTSD C&P Exams

they let you know what the exam is about  how they will conduct the exam give the time and date and address the exam will take place  a phone # to call if you can't make the exam, send instructions as to how to file for travel pay  they give out there fax # for that,  also they give the name of the examiner and  his/her credentials 

Also in the letter it says how you can get a copy of the exam after a few weeks...simply request a copy from the VA.   I requested a copy of my exam report from the VBA (Veterans Benefit Administration )

The VA should let you know who is going to do the exam ...>  them or a hired contractor before the exam.

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C & P doctors have been contracted for many years-

I was astonished to learn however ( rght before  I contacted the lawyer regarding the Tally case- available under a search here )

that MANY VA "doctors" working at VAMCs are Not VA doctors at all- they are contracting doctors, who cannot be FTCAed nor can a vet file 1151 against them if they are harmed by VA health care ( they have to sue the doctor or contractor in a civil court.:

https://www.va.gov/health/OurDoctors.asp

I metioned this to OAWB -VA with part of my complaint- 

This list above linked in the VA article changes from time to time- contracted doctors come and go sometimes...I think there are nurses as well under contracts, working at VAMCs but NOT VA employees.

If you read the Tally case - I told his lawyer the General Counsel BSed him- saying it took them 8 months to determine Tally's doctor ( who definitely malpracticed on him) was NOT a VA employee and could not be FTCAed- but I found this list in mere minutes- so it is BS that it took OGC 8 months- they had pissed away Tally's FTCA SOL in California, to do that.

My complaint with the Office of Accountability , grew out of a WH Hot line call-and it is against the VA Office of General Counsel.

I need to advise NVLSP of all this.They are not aware of everything the VA tries to pull on us-

I might file another complaint with OAWB on this matter-we are losing our FTCA and Section 1151 rights

because the malpractice at VA is costing so much- they want independent contractors and their doctors to pay for it, if they are negligent.

My FTCA case cost me only Priority mailing and xeroxing fees...and phone calls to the OGC and VACO. maybe 200 bucks if that-

My evidence was sound- and I had no lawyer nor any IMO.

 

A district court filing against any malpractice "VA " doctor who is Not a VA employee -will cost far more than that.

 

 

 

 

 

Edited by Berta

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@Buck52

I have always seen contractors (either LHI or QTC) for my C&P, I did not see where it states in the letters where I can request a copy of the exam. Is it only for certain types of exams?

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2 minutes ago, paulstrgn said:

@Buck52

I have always seen contractors (either LHI or QTC) for my C&P, I did not see where it states in the letters where I can request a copy of the exam. Is it only for certain types of exams?

Well my letter mention it..it was for a FORENSIC PTSD EXAM...the letter had about 4 or 5 pages of information ,even gave out their fax # to the QTC Office in California.

I'll go see if I can find that letter in my VA Pile some where?

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