Private surgeon vs C&P NP

[ed33]

Hi everyone,  

I've got a question about when my personal surgeons opinion differs from what the C&P nurse puts in her report. I recently went for a C&P exam and it was clear from the start that she was very unfamiliar with the entire process. I was walking her through the entire DBQ and telling her what to put down as the answers. Let's say she doesn't write up favorable findings, will they take the opinion over my personal doctor who wrote up a very detailed and favorable NEXUS letter?

Also, is she required to write up an opinion about her findings? she never asked me anything about why I thought it should be service connected or about my history. She said all she does is fill out the form and send it in without an opinion on anything. Is it possible the rater already established service connection with my prior evidence, and the exam was to just establish a rating?

Thanks for the input

[ed33]

2 hours ago, Berta said:

Make sure the VA has his DBQ and nexus statement- 

What you are describing is a contracted NP from VES, who might  not have a clue.

If they deny without consideration of the surgeon's opinion, that would be a CUE and I can write the CUE for you- based on whether you can scan and attach the denial here, and what it says.

It is possible they wont deny, if the IMO/IME was medically favorable.

 "It was weird that when I asked her if she submits an opinion about SC she said no. "

That is concerning but then again is your Nexus strong?

 

 

( Cover C file #, name, address prior to scanning it, if they deny.)

 

Ive got a copy of my nexus letter if you wouldn't mind giving it a quick read. I feel like it's pretty strong. How do I upload documents here?

[vetquest]

@ed33Open up a reply or edit session and click on the "choose files.." next to the paperclip.  It will open up a session where you can select your file.  Just be sure to remove all personal data.

[Buck52]

Ms Berta offered to write you up a CUE  if need be??

I'd sure take her up on that  ...

Ms Berta Quoted

''If they deny without consideration of the surgeon's opinion, that would be a CUE and I can write the CUE for you- based on whether you can scan and attach the denial here, and what it says.''

[Berta]

These types of CUEs are easy and take minutes to prepare- depending on what the decision actually states.

VA can reject an IMO/IME but they have to give a good reason. That alone would not be a CUE.

If they completely ignore a valid IMO/IME, they have violated 38 CFR 4.6 and can swiftly correct that within the appeal period ( meaning no need for a NOD if they rectify the CUE and give the independent opinion full weight , and reverse their decision.)

But, we do not know what the nexus is here- I will try to find this vet's past posts.

If it is a nexus that would require an eye witness account, that would be a situation the IMO/IME doc could opine on, yet the VA would still want proof of the nexus- the actual link of something in service to what they are claiming.

[Berta]

It appears you claimed acne. This is a recent decision freom the BVA.The veteran had evidence in his SMRs of the acne, treatment for it, and did not have any acne when he entered the service.

He also had an IMO from a dermatologist.

 

https://www.va.gov/vetapp18/files8/18125095.txt

 

 

[ed33]

10 minutes ago, Berta said:

These types of CUEs are easy and take minutes to prepare- depending on what the decision actually states.

VA can reject an IMO/IME but they have to give a good reason. That alone would not be a CUE.

If they completely ignore a valid IMO/IME, they have violated 38 CFR 4.6 and can swiftly correct that within the appeal period ( meaning no need for a NOD if they rectify the CUE and give the independent opinion full weight , and reverse their decision.)

But, we do not know what the nexus is here- I will try to find this vet's past posts.

If it is a nexus that would require an eye witness account, that would be a situation the IMO/IME doc could opine on, yet the VA would still want proof of the nexus- the actual link of something in service to what they are claiming.

So I have 4 spots so far of skin cancer at 35. 2 years total spent in iraq/afghanistan. I was required to spend several hours every single day out in the sun with no headgear since we were out on a flightline. My doctor stated that all that time out in the direct sun "played a significant role in contributing to his skin cancers and has increased his risk in developing future cutaneous malignancies"

So the three surgeries Ive had on my face so far have left some pretty significant scars.