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Conflicting information in notes

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Littlems2019

Question

I had a C and P exam for anxiety. There are conflicting notes.

They say: 

3. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [ ] Yes [ ] No [X] Not Applicable (N/A) c. If a diagnosis of TBI exists, is it possible to differentiate which occupational and social impairment indicated above is caused by the TBI? [ ] Yes [ ] No [X] Not Applicable (N/A)

 

But then say:

3. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Anxiety [X] Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting

 

Does this seem odd?

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  • Moderator

No, its not THAT odd.  C and P exams are often conflicting, confusing, or just plain wrong.  The VA is supposed to resolve such discrepencies, for example, by sending the Vet to another c and p exam to clarify.  

Usually, however, they just deny the claim and make the Veteran wait 5 plus years to resolve it.  

Worse, the Veteran often needs to cough up his own money for an IMO to resolve things like this satisfactorily.  The VA is happy to go on their merry way, not telling the Veteran the real reason for a denial.  It may have taken an attorney to figure it out.  But you did, so now you know.  

Edited by broncovet
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  • Content Curator/HadIt.com Elder

@broncovet is right. This happens all the time. If the VA rejects your claim, file a supplemental claim and point out the discrepancies and indicate the C&P doc failed to apply benefit of the doubt.

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  • Content Curator/HadIt.com Elder

I had several instances where the VA employee reviewed only specific sections of a C&P exam report. They are supposed to be thorough. If the VA considers a less favorable evidence without considering more favorable evidence, then they violated 38 CFR 4.6.

 
Quote

 

§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

 

 

 

 

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