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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.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

Once a C&P medical report has been issued to the VA the VA Records it all and its placed in the Veteran C-file FOR EVER it can't be taken out of the C-file or Amended   Even if the Veteran gets an IMO/IME and has a DRO Hearing to counter the bad C&P Exam   the original C&P Record is still going to be in the Veterans C-File.  but they can never use it against the Veteran in a future claim.

I had the same thing years ago and a VA Dr was the C&P Examiner   he lied on top of lies trying to get them to reduce my % back then and really made me out to be a no body  he took my C-File home and combed through the entire C-file and came up with lies after lies ,  but I counter back with an Appeal and went got a Private Costly IMO/IME from a experience specialist  and he tore this VA Dr comments all apart  and did so in a  very professional way  in Detail....

Anyway at my DRO Hearing I won  the DRO mention this C&P Examiner over step his authority/bounds   and I won this with new and material evidence.

  I ask the DRO if this C&P Examiner report be take out of my C-file and trashed destroyed..he said unfortunately no it stays in the C-FILE as is but we can never use it against you,  it will be as this report is considered Nulled. But unfortunately  it will be in my C-file for ever.

so if the Veteran can find out before they make a decision about what the C&P Examiner mentions in his/her report  its better to do that than wait until its recorded and placed in the C-FILE.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • Content Curator/HadIt.com Elder
On 8/3/2019 at 9:17 AM, GeekySquid said:

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.

This is a good idea.

I called and left a message for a supervisor at the C&P clinic.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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All but two of my C&Ps and been short and they really did not cover everything they should. My last C&Pthe doctor did not even know she was supposed to evaluate my nerves in my leg, I had to tell her. I have seen one doctor now several times and those exams have been less than 5 minutes but everyone of his has been positive and I get an increase or a new SC disability. It is really a crap shoot with these exams.

I told a rep from the Roanoke VA office about my experience with the last one telling him as a vet I don't want to piss them off by telling them they are not examining everything. After all we want a positive results from the eval. He was surprised and said he can understand about its hard for the vet to complain in those circumstances. He was sympathetic but I know nothing will be said or done by the VA.

Vync I hope you get a good rating from the VA.

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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  • Content Curator/HadIt.com Elder
18 minutes ago, paulstrgn said:

My last C&Pthe doctor did not even know she was supposed to evaluate my nerves in my leg, I had to tell her.

Yeah, I know what you mean there. Nothing quite like the doctor trying to usher you out the door despite you knowing better.

The Cushing's criteria (7909) might mean I would get additional C&P exams. I understand they needed the endocrine exam. However, because my diagnosis was more than six months ago, they are supposed to rate the residuals under appropriate conditions. Really interested to see what comes back from this exam.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

Paul send in any medical records about what your claiming..if you had them at your C&P?

Although they are to be in the computer for the examiner to read..

The examiner never mention them you can show him/her your records   sometimes the VA don't send the examiners all our records? so its up to us to make sure they get them and read them.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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2 hours ago, Vync said:

called and left a message for a supervisor at the C&P clinic.

did you happen to record that call and save the recording. I know I record all calls. I know all about one and two party consent states, don't bother to babble about "eavesdropping" or any such clap trap.

Fact is you can record all you want. It is USING the recording that creates a problem in some states.

My only use of the saved recordings is in the event a lawsuit entails and the other side lies I will request the judge to allow an exigent circumstances exception and allow the recording to be played in court.  Let some S.O.B. try to sue me after that proves they perjured themselves in court, and they will lose in every state in the Union.

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