Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
- 1
Did you get a flawed C & P exam-what you can do
Rate this question
Ask Your VA Claims Question | Current Forum Posts | Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users
Rate this question
Question
Berta
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.
Link to comment
Share on other sites
Top Posters For This Question
17
7
4
4
Popular Days
Jan 23
8
Jan 22
5
Feb 7
4
Jan 25
4
Top Posters For This Question
Berta 17 posts
wirat 7 posts
Buck52 4 posts
63Charlie 4 posts
Popular Days
Jan 23 2019
8 posts
Jan 22 2019
5 posts
Feb 7 2019
4 posts
Jan 25 2019
4 posts
Popular Posts
Berta
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
Berta
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: vaacc
Berta
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-
40 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now