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Could my C&P examiner be disqualified?
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Justaskpat
I had a C&P exam for anxiety at retirement in 2010. it was denied SC. I did not appeal because I was basically overwhelmed by the whole process. I recently found out the psychiatrist who did my C&P had been convicted of 2 federal crimes (medicare improper billing and mail fraud), punishment = suspended medical license 1993-96 and 3yrs 6months active supervised probation. CHAMPUS, Medicare and Medicaid revoked his providership status in 1994 due to these federal convictions. medical licenses for MA, NY,CA surrendered due to these federal convictions. At some point after his Virginia medical license was reinstated in 1996, QTC hired this doctor as a C&P examiner.
December 2018 I resubmitted for Anxiety with "new evidence" and was seen by VA C&P psych doc (LHI). This time they found the Anxiety was SC. The 2010 convict psychiatrist said, "single episode, severe", not SC. I'm going to do a CUE based on my medical record which shows treatment for anxiety for the last 12 years I was active. I'm wondering if I should also include the above information about the C&P doctor being a convicted felon. In my mind, C&P examiners are basically diagnosing medical problems, so how could he be allowed to diagnose a Federal employee for a C&P contractor when he is permanently prohibited from diagnosing or treating that Federal employee's family covered by CHAMPUS/TRICARE? I hope this makes sense.
19July2019 Addendum: I just obtained the C&P notes from both the 2010 and 2019 Psych C&P's. I uploaded 2010.
There is an issue with the 2019: LHI did the exam, but the person signing as the psy doc who did my exam is not the doc who did the exam. Also, and this is the biggest problem, even though I told the doctor I contemplated suicide, the box next to "suicidal idealization" is not checked. I'm not sure how to get this rectified. I don't think I can contact LHI directly.
2010 VA Disability Rating Decision.pdf 2019 VA Disability Rating Decision.pdf
2010 Psych C&P.pdf
Edited by JustaskpatUploaded NOD/CUE COVER LTR, NOD 2019 ANXIETY, CUE 2011 ANXIETY
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GeekySquid
a few questions for you Justaskpat 1) did you get or now have your C-file? If not get it ASAP 2) did you get the DBQ, Codesheet and Letter requesting the C&P? if not they should be in yo
Berta
I see a potential CUE here- maybe---- If they committed CUE, in their March 29,2011 decision, the retro would go back to the day after your discharge. But, a few questions: What was the
ShrekTheTank
I am hoping other join in here, but it sounds to me like you might need a lawyer to help you fight this the right way! I do not have the expertise to help here as you have to fight this the right way
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