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An Odd question or two


Berta

Question

I griped about this under a CUE post the other day-

https://community.hadit.com/topic/74500-imo-not-listed/page/3/#comments and realized I have forgotten how a valid claim should be handled-I have only been filing CUEs for years regarding my own issues.

 

"Saturday I received the actual C & P examiner's C & P.  ( This was regarding my 1151 HBP CUE that reversed a denial within a month. in 2015 but the EED is wrong and I have pending CUE on that.)

Oddly enough she works for the VA and is not a contracter.

The Evidence list on the denial contains my sole piece of evidence for this claim.

It is a 2 page response from a VA Central Cardiologist ( with Fabulous credentials) to the Office of General COunsel, acknowledging their malpractice, some being on my husband's HBP.

The actual C & P exam reveal she did not use ACE , telehealth, etc but had the veteran's C file.

She did state it was an inperson interview.

Then they asked for an addendum on March 3, 2015, and she stated "please note this was an ace/exam/chart review not an inperson exam.”

 dont know what the hell she used- My husband by date of the ''in person" exam" had been dead for 19 years. No wonder she had to add the addendum.

I have a C file , he doesn't. If he still does, it contains minimal info and his TDIU and 1151 claim,that are moot because of his death.I have had a cile file since 1995 due to his death.

In spite of having the exam from the top VACO Cardio doctor , her statements are ludicrous.

She is an internist but is the sole person who handles the AO Registry at Buffalo NY.

That really bothers me.

Based on what she stated, if she had treated my husband, she would have been part of the malpractice on his HBP. She lied in the C & P. I have emailed her for a response.

I am filing a formal complaint.

 

My question is- can a C & P examiner use only a C file?

In this case, I dont see how she used the veteran's C file, because I became the claimant after he died and I have a very large C file-and they use his C file # as my claim number.

Actually, I am glad I got this and know who she is, becaue it is even more evidence for something else I am preparing. I hope I get a response from her to my email-

whether I do or not this is one more quack C & P exam the VA did regarding my husband, who could not speak for himself because he was dead.

The C & P set up is a  scam, quaranteed to deny valid claims. Not all, but some,-we see many here-  and in survivor's claims, they often do not know what to do, and accept denials that are wrong.  

 


 

Edited by Berta (see edit history)
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On 5/6/2019 at 4:29 AM, Berta said:

My question is- can a C & P examiner use only a C file?

@Berta

I don't know if this helps or just adds more confusion to your question.

In some of my recent audiology exams at the VA, some related to Vertigo some to hearing aids, and my claim I spoke to the Head of Audiology at VAMC Puget Sound. I was asking her help to get the VAMC New Orleans to "find" the records for the VNG I had there that they claim are lost and have ignored 4 separate FOIA requests for sent in in 2018. 

While she was zero help on that issue, one thing she stated categorically was that VA Benefits side of the house CAN NOT see into VAMC medical records. She was rather insistent that regulations say exactly that but could not provide me those regulations.

This affects many things including evidence in the record the raters are supposed to look at as I understand the process.

I can only surmise to get around this the claimant is expected to upload copies of VAMC medical records supporting their claim, which seems counter-intuitive.

I do know, and this just happened with getting my Hearing Loss SC'd after 6 years, is that we can give the C&P doctor records in support of our claim. The question is whether any individual C&P doctor will include or reference that information in their response back to the VA raters.

On the hearing loss I am waiting for the BBE before I appeal for an EED back to when they erred in the 2013 decision and  C&P.

I would be very interested to hear if you learn anything more on your question.

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"I would be very interested to hear if you learn anything more on your question."

I am sure I will- I emailed the "doctor" with no response and I filed a WH Hot line complaint.

I also emailed the Director of the VARO to let her know that.

It is one more piece of evidence along with 25 years of SOC, SOCCs, that had deficient C & P exams done posthumously .I won those claims but that isn't the point.

They think us widows are push overs. Not me.

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