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C&P Examiner: Minimal effort

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Vync

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  • Content Curator/HadIt.com Elder

Hello everyone,
I had a C&P exam today and noticed the doctor did as little as possible. Prior to the exam, I reviewed the DBQ (endocrine, for Cushing's) so I would know what should be asked. She failed to ask me about a number of things on the exam specific to Cushing's. These include striae, obesity, loss of muscle strength/weakness, and hypertension. I realize she could look up obesity and hypertension in my records, but failing to even ask about items on the checklist leads me to believe she had no intention of doing that at all.

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That could be good or bad.  You will have to wait for the report.  Doctors dont always do things the way we think they should; else we would be doctors, too.  

My advice is to make note of docs name, try to get cv, or other qualifications.  That way, if the exam is negative you can challenge the exam. 

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

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My experience with C&P Examiners   even if they are qualified..is when they do what your Examiner did  my claim went south and I ended up in Appeals,.

when the examiners did ask me questions and noted them  my claim went good. 

 I don't mean to sound discouraging  but that's usually what happens   and if a C&P Examiner ever says

''Its not me that makes the decision''   your in trouble. anyway that's from my experience  anywayz.

some examiners are just quite and shy and don't say anything  but writes up a good report on behalf of the Veteran.

I ask one examiener one time after the exam was over and he stuck his hand out for a Handshake and wished me well I said  Doc what do you think my chances are getting a higher rating /increase?  he said they are good my friend.he was right I won my claim.

we just never know  how these C&P Exams go  unless we notice they don't seem right  and that is usually how they go.

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It may not be a bad thing, because I have had a C&P Exam where the RO was only asking for the level of pain, how many times a year and how long it last. I agree with Buck, if it doesn't seem right, then it will usually go that way.

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I once had an outside examiner who asked very little of me and wrote me a good C&P.  Much better than the doctor that thanks you for your service and writes a bad exam, which I have seen.

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Yeah, I figured I would wait a week or two for when the results are completed. 

The way Cushing's is rated is really weird. You get a temporary rating (30%, 60%, or 100%) for six months following the initial diagnosis. It is supposed to be rated on the residuals under the appropriate code. I was diagnosed a year ago. This C&P did not cover any of the residuals. If/when I get SC, I have a funny feeling that the VARO will send me back out for each of those exams. If the DBQ was more in line with the rating criteria, that would likely not have to happen.

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17 hours ago, Vync said:

Yeah, I figured I would wait a week or two for when the results are completed.

As a suggestion to you and all of us who get what we think is a questionable C&P exam. Preserve your rights and create contemporaneous records of your impressions, reasons, and complaints about the exam.

You can do this two ways, and frankly I think all of us should do this the day of the C&P.

1) Write yourself an email listing everything you feel on that day and send it that day. As you mull over things over the next week, make additional emails.

2) upload same statements to My Healthy Vets, you can do this under Journals.

Any impression you have about the Dr's credentials add there. Any challenge to the administrative process add there.

What this does is document the earliest point in time you were concerned about these things. In evaluating evidence or claims it can be submitted as evidence showing that from jump street you felt something was off.

I also found out recently that a bad C&P can be immediately challenged through the C&P Officer at your VAMC but there are time restrictions and I believe it has to be in 10 days  IF you want that bad C&P to not be part of your record. I cannot yet be sure of the details on this, maybe someone else has insight.

As we all know there seems to be an uptick in cheesy C&P;s and flaky Dr's doing them. I believe we all need to make it a habit in any NOD or Appeal to Automatically a direct challenge to the Dr's credentials.

I also believe we need to craft direct challenges to the Presumption that the VA process is fair and performed in accordance with the law and regulations.

Remember that legally all Presumptions in the Law can be directly challenged, however they have to be done at the soonest possible time or higher courts can ignore them.

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