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NVLSP and bad C & P exams

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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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  • HadIt.com Elder

Paul

I am not sure what type of C&P Exam but I think its for all or any of the C&P Exams.??

if you recently had a C&P Within the last month or so  if it was  VA that did the exam check with your VAMC Release of medical records office for a copy,  just tell them the date of the exam so that can go back that for and make you a copy.

If this was a contracted Exam like QTC or other contractors  you wait about 2 weeks and check with your VBA (Veterans Benefit Administration) office, sign in at the window let the clerk know why your there,  they will give you a FOIA to sign  and call you back to see one of the VSO's and he/she can look into the VA's VBMS and find that exam you need a copy of...you let the VSO know the date of the exam   they are required to give you one free copy.

I think I waited 3 weeks...but I did it this way because it takes to dang long to recieve the C-File

Anyway that's what I did back a few years ago when I had my PTSD C&P Exam from QTC.Contractor...also during or after your C&P you can ask them questions as to how to get a copy of the exam.

 

Unless the VBA Change their policy or something ?and they no longer do it that way?  like I mention its been a few years ago for me.

Edited by Buck52
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Buck do they do it the same day you go to the office? I ask because my RO is Roanoke, VA which is 4 hours away. Also I do not currently have a VSO and really do not want one (don't want a middle person, I had one before and they did not assist me and it was always hard to get them on the phone). Yes waiting for the C-File is a real pain! I did request my C-File and I am supposed to get it by the end of January, at least I hope to get it by then.

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  • HadIt.com Elder

Paul you don't need a VSO    but if you use the VBA office for help getting you a copy of your C&P Exam  they use their own VSO...or clerks  I call them VSO because their there to help us Veterans.You will need to sign a FOIA for them to be able to help you  its the Law.

And yes they do it the same day you make the request..its fairly easy  just have to wait to be seen is all they will get your information and have you to take a seat in the waiting room and the VSO will come out and call your name   then you guys go back to his/her desk  they pull up your information on the computer using the VBMS. AND YOUR SS # or claim # find the exam and walla make you a copy and hand it over to you right then and there.

Edited by Buck52
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  • HadIt.com Elder

yeah it would be,  but that was fairly easy for me...since I was at the VAMC  MH for an Appointment anywayz.

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Sometimes it pays to file an IRIS request- I always file Complaints at IRIS because a valid complaint goes to VACO as well as your VARO.

You guys reminded me to do just that-  today.

Peggy ( the 800#) confirmed receipt of my Aug 2018  request for a posthumous ridiculous C & P exam I got in 2015.

I immediately filed CUE and they reversed and awarded within one month.

The C & P exam in the SOC is awful, but then again I dont know who did it-and the actual exam might even be worse-I can hardly believe anyone with a medical degree wrote what they sent to me.

Peggy a few weeks ago told me they have no record of my request....?

I am filing a IRIS complaint on that.

They have pending multiple Cues I have filed under 38 CFR 4.6 and assigned a VSO to them all-the request might well be with that person-but I know they dont not want me to have the actual C & P exam.

I think it was done by the guy who changes the RO light bulbs.

They did list as evidence the VACO medical report they had- but I guess the 'reviewer' could not read it.

Or, as I exerienced in the past, the RO withheld my probative evidence from their  past C & P "examiners", maybe that is what happened again.

 

 

 

 

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