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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

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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Thank you Wirat!

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By the way, I created a complaint report regarding the faulty exam I had with the C&P nurse and emailed it to the OAWB email address.

They emailed back the next day and said they had reviewed my complaint and said they were forwarding it to the VBA Office of the Under Secretary for Benefits, (aka; file-13 garbage can!) because the OAWB only handles complaints from VA employees or applicants.

If I remember correctly the whistle blower programs were designed to protect employees from management retribution if they report fraud, waste and abuse, etc. I am just a civilian not affiliated with the VA, so I suppose their response makes sense. 

I suppose you could also report misconduct to the VA OIG, but they are going have some high thresholds for financial losses or serious felonies before they will be able take action on it.  

Edited by wirat

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That is an odd response....I got an odd response the other day as well from OAWB.

They had never questioned me as to having to be  a  VA employee- I dont work for VA but am an advocate.

They referred me to a different VA VHA office------

The WH knew I was not a VA employee and they are the ones who contacted OAWB-who in turn contacted me.

Then I got a very odd email  from VHA, who the department falls under. They said they will respond to me within two weeks-but I responded to them with a  serious question as to the email they sent to me.

What good is the OAWB if they are not listening to civilian non VA employees?I sent them penty of evidence on the issue I raised which has to do with ALL veterans in the VA heallth care system.

I was told they are investigating my issues. If they are not doing that, I will call the WH again.

It is those of us who are claimants as well as veterans in the VA health care system who have legitimate gripes about Accountability.

We are the ones who suffer from the VA's lack of it !!!!

 

 

 

 

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Yes I did had a PA do one last month and clearly she NEVER LOOKED AT EXISTING service connected disability’s I already have and in answering some of the DBQ questions she had she put NO as the answer like  for instance one of the questions asked it’s the veteran has ever had or currently has shinsplints she put no and that is one of my service connected disability‘s even though it’s rated at 0% I had severe shinsplints I also have bilateral pes planus rated at 50% my ankles hurt all the time  I have lumbar rated at 20 tonight is rated at 10 headaches and migraines rated at 30 service-connected hearing loss which I have not pursued yet but it is service-connected already rated zero long and short of it is I was going for secondaries on my ankles and I have severe cervical issues and  ridicapathy of the Left shoulder and left arm she ordered x-rays left shoulder and ankles and they said demineralization noted so she denyed all my claims But she’s also noted other things as know when I have evidence showing where she never reviewed my file

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