Pediatrician as VA examiner

[dwbell99]

Where can I find supporting evidence that will discredit the medical opinion for a VA Examiner whose medical clinical specialty is Pediatric Emergency Medicine is not qualified to rate for DEGENERATIVE DISC DISEASE, LUMBAR SPINE ?
 

[broncovet]

Well, you need information.  Has that doctor had training or experience in DDD or disorders of the spine?  I dont know.  

Absent a challenge of the compentency of the examiner by the Veteran or his representative, your examiner is presumed competent.  He could be a janitor.

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

[brokensoldier244th]

My degenerative disc disease was first diagnosed by a general practitioner who later referred me to a specialist. Any GP can look at an MRI and see degenerative effects in the spine. If you are challenging the diagnosis effects on you, well, then you probably have something, but questioning the competency of a doctor just because they don't have a specialty in something that any doctor can initially diagnose is a bit of a stretch, in my opinion. 

[dwbell99]

6 hours ago, broncovet said:

Well, you need information.  Has that doctor had training or experience in DDD or disorders of the spine?  I dont know.  

Absent a challenge of the compentency of the examiner by the Veteran or his representative, your examiner is presumed competent.  He could be a janitor.

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

Thanks, I have seen some suggestions to challenge the VA examiner's qualifications on NOD's.

[Richard1954]

its doubtful that you can discredit the examiner based on his specialty.  I have had NP's give exams for my heart, knees and other issues.  They are required to attend special va training to do C/P exams so the va considers them qualified. 

You have to review the examination, and point out discrepancies with the actual exam.  Anything in the exam that isn't true can be discredited. Fore example  what tests did he do, or review to make his determination. Did he have you do leg lifts ?  Did he actually review you file? Did he measure your bending movements with a goniometer ?  

If you can discredit the examination, you may have a shot for a new exam.

 

 

[vetquest]

20 hours ago, dwbell99 said:

Thanks, I have seen some suggestions to challenge the VA examiner's qualifications on NOD's.

This can be a stretch.  The only time I would try to question and examiner's qualifications is when you have an IMO by a specialist and the VA's examiner is a general doc or a nurse, yes I have had a nurse do an examination on me before.  If the rater takes the word of a possibly shaky exam over a specialist who provides reasons and basis's for his opinion I would think about contesting the qualifications of the examiner.  I once had an IMO doctor question an examiner in a roundabout way by stating that the VA nurse who completed the exam did not treat me and therefore would not have a fully informed opinion. 

[Richard1954]

1 hour ago, vetquest said:

his can be a stretch.  The only time I would try to question and examiner's qualifications is when you have an IMO by a specialist

I have challenged many C/P exam when the examiner decided that my condition should not be service connected.   If the examiner did not complete the exam properly, or contradicts  his own opinion, ( and this happens a lot). If an examiner is asked for an opinion for one leg and gives it but for the other leg says he would be speculating you can challenge this.  If a examiner fails to mention scars or that you wear a brace or use a wheelchair, that can be challenged.  I don't always win my challenge but I win more than I lose.   You just have to go through the exam line by line item by item.. and point out the  false or incorrect answers.