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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Berta

Did you get a flawed C & P exam-what you can do

Question

Posted (edited)

You can immediately ask for a different doctor to do the exam.

When I say 'flawed', I mean the examiner did not have the expertise to opine on your claim, 

or the doctor did not have any of your medical  records, to include SMRs in many cases,

or the doctor failed to consider any other probative evidence that you moght have brought with you to the C & P yet the doctor didn't want to see it---

or the examiner LIED. There are probably many more reasons why an exam can be flawed.

This AM I received a call from OAWP-VA-DC, as to the ongoing investigation they are doing based on my other complaint .

I have more evidence to send to them-we went over some of the evidence they already have- it is solid to support my complaint-It is a different issue than this post is about-

But then I mentioned to the Triage manager the C & P situations I see so many of you here are dealing with.

I told him of 2 of my C & P exams (posthumously done on my husband) and am waiting until Jan 15, 2019 for a copy of one of them-to adequately prepare a OAWB complaint. on that matter, which affects so many veterans....and I am sure I am not the only survivor of a vet who has had this problem consistently with the RO I deal with.

He was shocked at what one SOC C & P examiner had stated..... I told him this was only one of many C & Ps they did- all wrong, to deny my claims. (all awarded since-yet not the point))

Would anyone here be willing to follow up my next complaint on the C& P problems many here have?

If it took a costly IMO/IME to get a full reading of your evidence, and then attain an award, tell them that.

If  your are in financial diffculties and cannot possibly afford an IMO/IME, tell them that.

If they lied about your condition , tell the OAWB that- and give evidence to show that they lied.

Be prepared to attach the C & P exam to the email you send to them, and attach any other evidence you feel they might need.

I told the OAWB Triage  manager I  have seen many C & Ps over the years that are highly erroneous and deny many valid claims . Claims that will add to the backlog and if they are valid they should never even be in the appeals process at all.

If you prepare a complaint, specific only to the C & P problem, you can refer OAWB  to my complaint ( Berta Simmons, NY ) that will be at OAWB on the 16th of this month.I am waiting until the 15th to see if VA will send me a C & P exam I requested.Whether I get it or not the complaint will still be filed on the 16th.

I do not really have a dog in this fight because so far I won any claim VA gave a lousy C & P on.I only needed the IMOs I have for one claim.

Something needs to be done about this situation.That wont happen with one complaint from a dead veteran's widow. The only evidence I have is my own personal

letters and C & P exams from the VA, And the info from NVLSP and GAO-which covers all veterans but  is general, and not specific to what many of you really go through with C & P exams,   that are geared to what the VAROs want-

                                                                     and that is - to deny the claim.

 

 

 

 

 

 

 

 

 

 

 

 

Edited by Berta
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Posted (edited)

You can make an anonymous complaint by calling this number:

OAWP Anonymous Toll-Free Disclosure Hotline: (855) 429-6669

But it is best to file an email complaint here:

OAWP Email: vaaccountabilityteam@va.gov

They do not use snail mail.

I have sent them unredacted stuff I have received from the VA.

 

Edited by Berta
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Great Info Ms berta!!😊

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9 hours ago, Berta said:

You can immediately ask for a different doctor to do the exam.

When I say 'flawed', I mean the examiner did not have the expertise to opine on your claim, 

or the doctor did not have any of your medical  records, to include SMRs in many cases,

or the doctor failed to consider any other probative evidence that you moght have brought with you to the C & P yet the doctor didn't want to see it---

or the examiner LIED. There are probably many more reasons why an exam can be flawed.

This AM I received a call from OAWP-VA-DC, as to the ongoing investigation they are doing based on my other complaint .

I have more evidence to send to them-we went over some of the evidence they already have- it is solid to support my complaint-It is a different issue than this post is about-

But then I mentioned to the Triage manager the C & P situations I see so many of you here are dealing with.

I told him of 2 of my C & P exams (posthumously done on my husband) and am waiting until Jan 15, 2019 for a copy of one of them-to adequately prepare a OAWB complaint. on that matter, which affects so many veterans....and I am sure I am not the only survivor of a vet who has had this problem consistently with the RO I deal with.

He was shocked at what one SOC C & P examiner had stated..... I told him this was only one of many C & Ps they did- all wrong, to deny my claims. (all awarded since-yet not the point))

Would anyone here be willing to follow up my next complaint on the C& P problems many here have?

If it took a costly IMO/IME to get a full reading of your evidence, and then attain an award, tell them that.

If  your are in financial diffculties and cannot possibly afford an IMO/IME, tell them that.

If they lied about your condition , tell the OAWB that- and give evidence to show that they lied.

Be prepared to attach the C & P exam to the email you send to them, and attach any other evidence you feel they might need.

I told the OAWB Triage  manager I  have seen many C & Ps over the years that are highly erroneous and deny many valid claims . Claims that will add to the backlog and if they are valid they should never even be in the appeals process at all.

If you prepare a complaint, specific only to the C & P problem, you can refer OAWB  to my complaint ( Berta Simmons, NY ) that will be at OAWB on the 16th of this month.I am waiting until the 15th to see if VA will send me a C & P exam I requested.Whether I get it or not the complaint will still be filed on the 16th.

I do not really have a dog in this fight because so far I won any claim VA gave a lousy C & P on.I only needed the IMOs I have for one claim.

Something needs to be done about this situation.That wont happen with one complaint from a dead veteran's widow. The only evidence I have is my own personal

letters and C & P exams from the VA, And the info from NVLSP and GAO-which covers all veterans but  is general, and not specific to what many of you really go through with C & P exams,   that are geared to what the VAROs want-

                                                                     and that is - to deny the claim.

 

 

 

 

 

 

 

 

 

 

 

 

In 2007, I received a C&P exam for bilateral flat feet(in-service diagnosis) that was done by a Physician Assistant and in the exam results it appears pure speculation was used for congenital flat feet (I entered service with normal archs).

Would this be a flawed C&P exam?

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Posted (edited)

With the inservice diagnosis, and some VA  idea that this was congenital, (VA has to prove congenital findings)

I feel the exam was flawed and the decision might well contain a CUE- not sure-

Did you appeal this? Has the VA subsequently awarded for this condition?

There are many good PAs out there, however- I have a severe pronation foot problem (I am a civilian) and my PCP doctor refered me to a Podiatrist who is also a surgeon. PA's  not have the expertise of a real podiatrist, someone who is a doctor and who also had specialized training in conditions of the foot.

If this was due to a VA remand, I already mentioned how remands MUST follow with what the BVA wants.

I rebutted a PA C & P and sent my rebuttal to the VA , stating it was too speculative, and why.

I also stated that the BVA remand specifically called for a cardio opinion, not a PA opinon.

I had 3 IMOs for the claims, VA had two against the claim and BVA wanted another one against it- it still would have put the claim in relative equipoise- but after I rebutted it the BVA gave the PA opinion no value at all and they awarded.

I found a case once at the BVA, whereby the veteran had SC flat feet- I guess the VA did nothing much to help him , and he ended up having consecutive ratings of secondary problems with his knees, hips and back, due directly to the flat feet and the BVA awarded him 100% or TDIU forget- long ago-

Foot conditions can end up affecting many joints of the body.

 I had a chronic back ache for decades and attributed it to hard work-tests revealed nothing wrong with my back or spine.

I got orthnics the podiatrist ordered ,telling me not to wear then longer than a hour or two a day for the first week-my daugther came home on leave from the Mil the same day and I stayed up longer than usual, cooking lots of food and standing a lot. The very next morning I wpke up with the chronic backache- it has never returned.  Foot conditions affect the biomechanical structure of the entire spine and bones.

My neighbor ( USAF SC knee replacements) showed me what the VA gave him as orthonics.

I showed him mine and he was surprised at how different they were than his-he would have done better if the VA sent him to Walmart to use the Dr Scholl orthonic thing, or gone to a real foot doctor.

If your entrasnce exam and/or your SMRs showed no condition like this when you enlisted, and if the condition was at a ratable level ( via evidence the VA had when they denied) than I suggest you go over the CUE forum and

prepare a CUE claim -there are templates there-

 

 

 

 

 

 

Edited by Berta
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Is anyone here willing to actually contact the OAWB and send them a copy of your flawed C & P exam?

 

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