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Help with C/P Possibility of QUE


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So long and short I received aC/P at Robly Rex preformed by a PA who I feel clearly did not answer the questions accurately Like for instance I was going for secondaries of cervical and ankle pain my history is bilateral pes planus 50% rate and 30%  migraines 20% lumbar DDD’s 0% shinsplints 10%  tinnitus   I was going for  secondaries one of the questions on DBQ ASKED was does the veteran have now or ever had shine splits she put NO also she stated That I don’t use a locomotive device which I have inserts by the VA for my shoes which are considered a locomotive long and short x-ray showed demineralization in my ankles cytes and demineralization in my shoulder  She stated less likely than not on all my issues what are you guys think

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I think this is VA's normal way of doing business, and not CUE.  If the VA relies upon the statments of a competent examiner, they are presumed correct absent your rebuttal.  

You have 2 ways to rebut this bad exam:

1.  Ask the examiner to change your records, point out they are not correct, as you said.  Use this to amend your records:

https://www.law.cornell.edu/cfr/text/38/1.579   A medical examiner makes "opinons", and a difference of opinion is not CUE.  Its also "possible" to challenge the competency of the medical examiner provided that:  1.  He did not have medical expertise in your malady.  (Medical experience or training).  

2.  Rebut this exam with a more favorable medical exam.  There are 2 ways to do this:

     a.  Ask another VA doc for a more favorable opinion.  Good luck with that one.  Incredibly, my VA doc did just that, but that is the exception. 

     b.  Pay for your own IMO/IME.  This will cost you money, but its probably worth it.    Many Vet advocates will offer "only" this alternative, skipping what I mentioned above.  While it is true, the IMO/IME is  the most likely to succeed, not all Vets applying for disability have an extra 2000 dollars laying around.  The others, altho they are longshots, are still possible.  

Finally, there is one more option that happens sometimes.  Proceed, and expect a denial.  Duh.  Absent a nexus its almost guarnteed.  Go ahead and appeal, bringing in a special lawyer at the right time.  Some lawyers will "upfront" the cost of the IMO if they are pretty sure you will win.  

This final option takes the longest.  

Edited by broncovet (see edit history)
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Chris Attig explains it:

https://www.attigsteel.com/va-advocacy-skills/va-medical-examiners-competence-presumption-rizzo/

Your first step:  Find out the examiner name, and look him up.  See if he has medical experience in your area.  If he does, move on to something else.  

Edited by broncovet (see edit history)
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Medical issues are not a valid basis for CUE.

You can challenge the exam as found within this post:

https://community.hadit.com/topic/73525-did-you-get-a-flawed-c-p-exam-what-you-can-do/

 

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