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


Berta

Question

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 (see edit history)
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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 (see edit history)
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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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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
corrected something (see edit history)
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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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Hi, I'm new to this board and the C&P exam process. I was injured many decades ago and was treated in military hospitals, I kept every record I could. I was initially given 10% for arthritis in my right shoulder although my entire shoulder was broken apart on active duty. Funny, I never questioned what the VA gave and assumed (I was young) that they were acting in good faith.

Fast forward to today and now I have issues with range of motion, scaring pain, etc. I have filed a claim for an increase. Went to a C&P exam with an LHI contract "provider". Everything went well during exam, friendly, he measured scar, I told him how it was painful, he acknowledged it TWICE and looked at it, etc.

Two months go by and I get the results. He says service it's connected (of course) but on his exam he checks NOT painful. Confused, I try to get in touch with him via LHI and cannot. I tell LHI it must be an admin error since there is only a YES or NO box he checks off. He must have made a mistake. LHI calls me back and states they contacted the provider and he swears there was no mention of any pain during the exam! 

Well, if painful YES or NO is on his exam checklist, what do they think I would have said if he even covered that part during the exam? He never asked nor had to because I brought it up.

So I look in to this "provider" and it turns out he is a nurse. He was wearing a frock that had "Dr." stitched on it when he did the exam. The exam was conducted at a clinic near me.  I called the clinic and they said he did not work there, only used an exam room there. So I checked the Internet for this guy and every clinic I found he was associated with I called and they said he did not work there and they did not know who he was!

When I called LHI a service rep there told me they used contract providers to be "fair and unbiased" for the veteran!

I then checked his state license and he has a nursing license, but the address listed is like a shell of an office at some strange store location. Basically a PO box service for mobile physicians.

From what I can see, this nurse is just a shill for the VA, has no means of contact, no regular office location, goes around wearing a doctors gown and then when he does the exam and you disagree there is no recourse?

I currently have another exam scheduled for next week. Now I have my guard up from the 1st experience. This time it is with a physician through VES. I checked that Dr.s' name and same thing, no office, no contact number, and only her history is in Indiana while I am in Florida and the exam will be here in Florida. I checked the Florida Department of Health for a physician's license and she is not listed as having one in Florida. 

You need to check up on these "practitioners" they are scheduling you with. I think you might be surprised to see these flags;

1) No regular office or contact information.

2) Listed at several clinics or locations on the Internet.

3) Not licensed to practice medicine in your state. (Not sure yet, but I think Florida may allow this if only for a consultation)

4) Using a leased or rented exam room to do C&P exams at a clinic where they don't have a regular office.

5) Their sole source of income, primarily all they do is C&P exams as contractors for medical service companies.

My finding is that this is all put on by the VA under the guise to make the C&P exams appear to be "fair and impartial" when basically you are being seen by a contract practitioner who is really nothing more than a straw man (or woman) VA employee.

That way, they can meet you for the exam, send in the results, and when you finally see it two months later and it is not favorable or is deficient, you have no means to contact them to correct it. Then the VA can turn a blind eye and say they are only going off medical information provided to them by an independent medical practitioner, when they know very well it was essentially a VA paid agent who did the exam under these circumstances. 

What is the recourse under these circumstances? Can you request another exam? It seems you can file a NOD but then you are burning up an appeal when you should not have to appeal it in the first place.

 

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On 1/15/2019 at 6:48 AM, Berta said:

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

 

Yes, I am organizing information that I have for a complaint I posted about here, but not sure it if would do any good in the end because it's going to come down to a "he said, he said" situation.

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We are being scammed deliberatey- The VA is taking away our rights- 

I posted here the VA page where they list their contractors.

If you search for the Tally case, you wil see what they are doing, not to a few but to Many.

Ask for a new C & P exam on the same one the faulty exam was done on.

If VA fails to cmply call the White House Hot line 

1-855-948-2311

And/or file an IRIS complaint.

And/or contact the Office of Accountability - all of these entities are searchable here-

Or  get an IMO/IME whe you get the actual C & P exam  and decision ,to see if it did cause a denial.

It seems you can file a NOD but then you are burning up an appeal when you should not have to appeal it in the first place." Right- this crap is job security for the ROs, and if the C & P exam s not corrected right away- it will stick with you for years via the ridiculous claims process.

I blew the whistle on my VARO today-regarding this issue-  but that is only because I have my own proof of every lousy C & P exam they ever gave my husand after he died. He cant speak for himself anymore but I can speak for him with evidence I sent to them.

I posted some info  on these contractors here recently- one of the outfits says "low liability" if a medical person applies for a job with them.

The VA is going to take away our FTCA and 1151 malpractice rights -if a non VA "doctor" or health professional causes you harm or your death.At least 24 years ago when the VA killed my husband, all of the doctors I named ( in two VAMCs in NY for my FTCA case ) actually worked for the VA.

My main complaint with OAWB has taken quite a turn-it started out with my proof of how the OGC is manipulating the actual mapratice stats of the VA and how the ROs know who gets 1151 awards, but neither the public nor Congress knows how much that costs, nor how many vets they harm or kill with malpractice......

now it is about the C & P process and how we are harmed by denials that- as you stated- many should not have to occur in the first place.

A male vet here some time ago with a leg problem ( PAD, PN, GSW residuals ??? forget what )got a C & P exam from a Gynecologist-

figure that out- it is ridiculous.

 

 

 

 

 

 

 

Edited by Berta (see edit history)
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White House Hot Line 1-855-948-2311

Office of Acountability and Whistle Blower Protection     vaaccountabilityteam@va.gov

I just got  email from them on the investigation.Minutes ago- for one question they had.

There anonymous  Tip # is 1-855-429-6669

I think what they just got from me was VERY probative, as they also gave me a Case Number.

I also mentioned to them another vet who deals with this VARO as well-who contacted the IG but said he would also contact the OAWB-if he did I hope he used my name to bolster his C & P problems.

It was only part of one C & P exam they did on my husband, and another one the RO won't release , done in 2015 that I sent today.And some other stuff they asked for.

 

 

 

Edited by Berta (see edit history)
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Ms Berta Great information from you  I agree 100%

a lot of times Veterans forget to ask the Dr for his/her credentials and ask if they are qualified to do this C&P Exam.??

Veterans are nervous at their C&P and they don't need to be!  but being nervous and jittery   the examiner watches every mintue  while were there ..if a examiner gets the Ideal veterans are nervous ///maybe they think were Malingering...maybe not  but that seems to be a lot of reason for denials    they simply don't go any further reading the evidence...Again Veterans need to speak up at their C&P.  BUT ALWAYS BE NICE NEVER YELL AT THE EXAMINER JUST BE FRIENDLY AND RESPECTFUL AT ALL TIMES   YOU CAN ASK QUESTIONS IN A CALM NICE WAY.  

..some Dr's get Pissed  if we ask them...or simply tell us ..well the VA Hired me to do this C&P Exam  is that enough qualification for you?

Some of the Dr do not wear a name badge or credential badge...I guess we just have to take their word for it...as for as the STR's And medical Notes from Dr's   they usually have them in the computer  they don't read from paper records anymore  unless the Veteran has them with him....VA is bad about not sending them all the Medical evidence (Records or Dr's Notes)   so this is why ALL veterans should take all their evidence to their C&P...IF The Examiner does not touch on something that would help with the Veterans claim  the Veteran needs to speak up at his C&P and make sure the Examiner has all the information needed to help substantiate his/her claim

And also the do not read all the information during the exam   this again is when the Veteran Needs to speak up.

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I just sent an email off to the link Berta provided with a complaint detailing the reasons why my latest exam for Meniere's Disease is flawed.

The VA sent me to an ARNP with a whopping three years of medical experience, and those entire three years experience acquired performing C&P exams for the VA.

Meniere's Disease is complex medical condition that requires pure tone testing, speech recognition testing, and acoustic reflex testing for inner ear abnomalities, and a review of relevant medical evidence all performed by an audiological specialist

In other words, all this falls under the scope of an audiologist.

The VA failed me again.

Broke their own regs by not giving me an audiologist C&P examiner.

Complaint sent to the above email link Berta provided.

I'm thinking by VA breaking their own regs , this matter may rise to the level of a CUE, although I admit, CUE scares me due to my lack of knowledge.

 

 

Edited by 63Charlie (see edit history)
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Berta,

I just had two new C&P exams scheduled thru LHI ... the first one was for my hearing... I really can't say much about the exam until I see the results.

The second one was on my Left Knee.... it was a second C&P exam... initially I was surprised that than a new exam had by scheduled because I also paid for an IMO from Dr. Anise.

I did discredit the original c/p examiner who was a nurse working va exams only as a PA. 

Now first I told her that my r knee which is service connected buckled causing me to fall and in the process I twisted my left knee tear my meniscus.  

Her original statement was that it was the slope In my back yard that caused me to fall and injury my knee.... and indicated  it is less that likely that the right knee was the cause of injury.....

22 Days later she changed her statement to say there is no evidence that one lower extremity could cause damage in the opposite lower extremity ..and indicated again less likely.... she cited her reference... 

 I found the reference she cited and there was't any such line in the reference,  upon closer examination I found a line that had her statement in it, but she shorted the line .. in other words, she only quoted part of a statement that was in the  reference, in fact the reference had nothing to do with knees, and every thing to do with gait, caused by a shorter limb.... 

I really torn into her examination as well as the medical statement and stated she had no business doing C/P exam that she was bias, and fabricated a statement a total lie , that to cite only part of a line and state not likely  that she committed a fraud. She had an agenda, and it was to screw me .....

Really, has anyone every heard of a C/P examiner going to the trouble 22 days after the exam and come up with a whole reason for denial.

The new exam I had today, was from a Chiropractor who also is a qualified NP. He seamed reasonable. He did not try to get me out of my wheelchair, he did not remove or request me to remove my AFO brace. He asked me questions, and I answered them. He examined the  left knee and check the strength in both knees. He indicated anyone with a knee injury 40 years old is bound to have problems with buckling and he said that he believed it was very possible that I injured the left knee just as I had stated,

The bottom line is no one can really state if my right knee buckled and I fell to the ground twisting the left knee and tearing the meniscus.. so the only logical statement to make is that it is as likely as not.

In fact when I wrote my appeal.. I made the same statement as above, and stated to say other wise would be saying that I was telling a story. I indicated any reasonable examiner would indicate as likely as not ..

 

I will send an email to the link you provided,, and send a copy of my c/p exam and appeal if it helps to get this examiner relieved.

 

 

 

 

 

 

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6 hours ago, SEALVET-33 said:

How do you request a new exam on the same day? Doesn't it take the C & P examiner 3 days for them to finish the one they did? How soon would we be able to get a copy of the exam after it was finished?

I  don't  think you can actually request a new exam until you get the denial of  the claim.. Then you appeal and  have to find a way to discredit the examiner by going after the examination report, pointing our why the examiner was wrong.  In the appeal request a new examination from a qualified examiner... If a contractor did the exam , it will not make it to your medical records at the va ,,, and you will have to request a copy of it from the regional office.... 

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In my case with a painful scar the C&P examiner failed to note that it was painful although I told him it was twice. I was subsequently rated as service connected but at 0%. So instead of filing a NOD, or any kind of flaw/error complaint,  I immediately filed another claim on Ebenefits for an increase because the scar is painful. Literally put "painful scar" in writing on the claim for increase and submitted the same medical evidence as for the initial claim.

The next day, my new claim for increase was gone and merged into my current claim in progress along with other shoulder issues I have. So it seems they got the message and I assume will schedule another appointment for a C&P exam just to cover the painfulness of the scar for an increase.

At least this way (immediately filing for an increase) I will not have to go through and burn up time on an appeal (NOD), I will not have to go out and pay for my own IMO at this time to fight it, and will hopefully get the proper rating. Oh - and since they merged it, the date of claim for the increase is not two months later, but the date of my original claim. That surprised me.

If they consider what I have and still get 0% then fine, but I at least want all the symptoms considered in the rating which is what the 1st exam did not allow.

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Thank you to anyone who will complain either to the White House Hot line or to the Accountability Office, even better yet to both-

and for any of our lawyer members out there who read hadit-this could be the basis for a Class Action Case:

If a veteran or their survivor has to pay for a costly IMO/IME to refute a poorly done C & P exam, and is awarded based on the IMO/IME- (which be will the first good read your VA medical records you will ever get, and includes a thorough reading your SMRs if needed for the claim,) you have been "damaged" by the cost of the IMO/IME, because VA did not give you a proper C & P exam.

Vets without the ability to get a real doctor's medical opinion/exam, and they can be very costly, are doomed by the exam - the cause of most of our denials. They too have been "damaged" by VA and if they subequently do get an award, without the IMO/IME, the4y have been damaged by surely not getting the proper EED in  the first place.

And Many give up at some point-and that is what the VA wants.

 

 

 

 

 

 

 

 

 

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One ARNP for QTC directly contradicted the medical evidence in the claims file .

 She stated that I had no diagnosis for chronic fatigue syndrome, and based her rationale in rendering an unfavorable medical opinion on the basis of no diagnosis for this condition.

To make this clear, I submitted the medical diagnosis for chronic fatigue syndrome made by my treating MD at the time I filed my claim.

During the C&P exam, she had asked me directly if I had a diagnosis for this condition, and I replied, " Yes, and that my medical record showing a diagnosis of chronic fatigue syndrome was submitted when I filed the claim."

Claim denied.

Appeal filed.

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On a different C&P exam for erectile dysfunction my claim was denied because the examiner falsely stated that my erectile dysfunction preceded my depression and anxiety disorders.

The claims file service treatment records show I was treated for depression and anxiety in 1979.

The claims file establishes the onset of erectile dysfunction decades later due to the medical care and diagnosis I received  by the VA for this condition in 2008.

Claim denied based on a unfactual C&P opinion.

Appeal filed.

Edited by 63Charlie (see edit history)
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9 hours ago, Berta said:

Thank you to anyone who will complain either to the White House Hot line or to the Accountability Office, even better yet to both-

and for any of our lawyer members out there who read hadit-this could be the basis for a Class Action Case:

If a veteran or their survivor has to pay for a costly IMO/IME to refute a poorly done C & P exam, and is awarded based on the IMO/IME- (which be will the first good read your VA medical records you will ever get, and includes a thorough reading your SMRs if needed for the claim,) you have been "damaged" by the cost of the IMO/IME, because VA did not give you a proper C & P exam.

Vets without the ability to get a real doctor's medical opinion/exam, and they can be very costly, are doomed by the exam - the cause of most of our denials. They too have been "damaged" by VA and if they subequently do get an award, without the IMO/IME, the4y have been damaged by surely not getting the proper EED in  the first place.

And Many give up at some point-and that is what the VA wants.

 

 

 

 

 

 

 

 

 

Here is the VA response to my complaint:

MacAfee-ONeill, Cristina C. <Cristina.MacAfee-ONeill@va.gov>

3:26 PM (4 minutes ago)
 
 
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The Office of Accountability and Whistleblower (OAWP) protection has completed review of your submission and determined that the matter requires further review; however, it does not fall within OAWP’s scope.

 

Your matter has been sent to VHA’s Client Relations Team.  You should be receiving a confirmation from the Client Relations team within 14 calendar days.  Additional information or follow-up questions can be directed to the Client Relations Team at VHAClientServicesResponseTeam@va.gov.  

 

Your interest in improving the Department of Veterans Affairs is greatly appreciated.

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Good, at least your complaint went somewhere=

OAWB has a Triage team that assesses how to handle these complaints.Please let us know the results.

You can still call the WH Hot line if you do not get a sufficient follow up from VHA-

My complaint started out regarding something that had nothing to do with me at all-

filed with the WH, and the OAWB contacted me.Two other issues are now before them-that can impact all veterans and their survivors, and did impact me.

Only recently did  my past C & P problems crop up with the OAWB.I deal with their Triage manager.

Maybe about 2 weeks ago he had asked me 2 questions-

The OGC could have answered one of them very fast but they did not respond to my call- it took me  many hours over many days ,on the internet to find documemtatioonwhat he needed to know.

The second question he had asked if the past C & P exams they did on my dead husband were relevant to the most important main issue  I raised with them. I had to pull them out- they are all awful- and I realized Yes, those C & P exams were highly relevant to the other issues.

Within a few hours after he received copy of a 1996 C & P  and also a copy of a C & P exam in a 2015 decision, 

he gave me a Case file number and is sending my stuff he has to someone else there.

Our complaints are triaged, as yours was.

From 1995 to 2015 I have evidence that I told the OAWB appears that my RO has targeted me.What I have sent them so far- over the past months-shows their multiple deliberate attempts to not only deny my VA claims but also to manipulate the Regional Counsel, and the OGC regarding my FTCA wrongful  death case.

It was only by  sheer determination, constant  study of VA cases laws and regs, and being able to access overwhelming medical evidence of malpractice -did I succeed in the FTCA matter and all the other claims they initially denied.

 

Be prepared to scan and attach your C & P exams to any responses from the VHA,if they request them.

Oddly enough, I learned recently of a 'nexus' between my current CUE issues , and GC Pres op 08-97-that might open another  VARO barrel of worms.

The VHA might be the best place to send C & P complaints to-but -in my case, those C & Ps I sent seemed to be the final evidence to support my original OAWB complaints, and evidence  on other VERY serious matters.

I handled these issues just as I did with my claims. I used documented evidence from the VARO and the OGC.

They can acess my entire C file if they need to.

 

 

Edited by Berta
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FYI, I think my issue will be resolved. I posted earlier that I went for a C&P exam for a scar with this male nurse (contractor) wearing a gown with "Dr." stitched in it. He measured the scar, I went over how it was painful and he examined it and acknowledged.

Two months later I get the rating of service connected, but 0%. I look at his exam report and he checks "NO" in the painful question. I complained through LHI the contract company this must be an admin error, and he flat out denied there was any pain associated with the scar even though I brought it up during the exam in detail and checking for pain is part of the exam anyway.

I immediately filed for an increase for painful scar since it was at least rated as service connected now (it would be difficult for him to not determine that since this was all done in a military hospital while on active duty).

Today I had the increase C&P exam with a real VA doctor at a VA clinic and had my wife present in the room. He measured and did the same exam, I told him the same issues with the pain and he agreed. I asked and clarified what he would report. He gave me his measurements and I made sure to ask about the painful scar reporting part and he said yes, it will be rated as a painful scar there is no question. 

So hopefully in two months or so I will see it rated properly and go from there. I would expect it to be rated at 10% now because that is what it should have been if the 1st quack they sent me to was ethical.

Edited by wirat (see edit history)
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