Had C&P for Increases (Migraines, PTSD, Foot pain, and Knees) not sure if it went well

[JaeT.21]

So I went in Friday. Saw two examiners. I didn't have time to submit my Statements in Support of Claims (PTSD & knees) my wife and adult children filled out but I had them read them while I was there.  I just uploaded them on Monday.

The first wa a Nurse Practitioner.

• She checked my feet and knees. Don't know if this was the smartest idea but I didn't wear my AFO or knee brace at first, because I wanted her to see how I walk, move unassisted.  I put it on after her examination and showed her how I'm still not stable on that leg no matter which apparatus I'm using.
  • I explained my quality of life at work sucked becaue there's only one elevator, which means I walk twice as far to use it. I work upstairs and have almost fallen several times.
  • I also told her I was concerned because the last rater wrote I was doing good with my orthotic insoles, when I 100 percent told him that I can't use the Navy issued insoles for regular shoes. My feet rating was decreased because of that. So I made it clear verbally that I was not getting better.
• For the Migraines increase i showed her my migraine tracker chart and she barely looked at it. It shows that I missed over 100 hours of work last year due to migraines.  

 

The second was the Psychiatrist

• She didn't ask me much about anything my VA psychologist  wrote in her nexus letter. 
• She skimmed over my buddy statements. 
• She asked me about 6 questions, pretty much (yes or no) 
  • when was my last fight
  • about my job
  • am i taking my medications
  • have I been arrested
  • about my work history
  • about my sleep
• It lasted about 15 minutes.

So who knows what is going to happen. All I know is I left there without any confidence that the evidence nor my exams helped. 

We'll see.

 

[GBArmy]

Jae You got it pegged. "We'll see." no way of knowing what was written in their reports. Don't worry about it, water over the damn. If you had the C&P's done at the VA, rather than one of these medical outfits, you can request a copy at the RO. I believe you can now see the results in ebenefits after 30 days. If everything is good and you get s-c for these, great. If not, you will need the reports to appeal. But you did the stressful stuff, so great. Wait now for you results. Good luck.

[JaeT.21]

19 minutes ago, GBArmy said:

Jae You got it pegged. "We'll see." no way of knowing what was written in their reports. Don't worry about it, water over the damn. If you had the C&P's done at the VA, rather than one of these medical outfits, you can request a copy at the RO. I believe you can now see the results in ebenefits after 30 days. If everything is good and you get s-c for these, great. If not, you will need the reports to appeal. But you did the stressful stuff, so great. Wait now for you results. Good luck.

All of these were are S-C. The migraines 0 rating have confused me since I got out. Been hospitalized twice in one year for them on this claim. Still probably not enough. Who knows. Yes I plan going into the Jax clinic and requesting my C file's next week. Then I'll break out the Googler for all the VA "written to confuse you" jargon. 

[awgv001]

20 minutes ago, GBArmy said:

"We'll see." no way of knowing what was written in their reports. Don't worry about it, water over the damn. If you had the C&P's done at the VA, rather than one of these medical outfits, you can request a copy at the RO. I believe you can now see the results in ebenefits after 30 days.

Is there anything that stops us from reviewing these reports during the appointment ~~~ before either we get sent off, or a bad report gets sent off?

This is something I had to start doing, though it steps on the doc's toes it seems, I do it for the sake of integrity to our claims/appeals.

I try to explain to them as briefly as I can why I want to "look over their shoulder" while they fill out the exam -- It's a report about, well, US, after all....if there is a confusing matter that arises - perhaps the good doctors ought to ask us more about it - but they look right through me and "over my shoulder" to the clock on the wall to see when they can cast me out.

How many of you are out there that has had an examiner fill out questions WITHOUT ASKING FOR YOUR RESPONSE?

A different example of this would be like making determination (eyeballing) without proper ROM tests.

I'm having to fight right now because the Doc I saw didn't check the box for "had a previous head injury in service" --- 8 years ago

If I had caught that before the next exam, I would have chimed in immediately to correct it.

Now I wander the VA labyrinth.

So much waste...

The butterfly effect from a single unchecked box.

[awgv001]

18 minutes ago, JaeT.21 said:

All of these were are S-C. The migraines 0 rating have confused me since I got out. Been hospitalized twice in one year for them on this claim. Still probably not enough. Who knows. Yes I plan going into the Jax clinic and requesting my C file's next week. Then I'll break out the Googler for all the VA "written to confuse you" jargon. 

Could you redact your rating decision page(s) and post them? We could better assist this way.

[Vync]

25 minutes ago, JaeT.21 said:

All of these were are S-C. The migraines 0 rating have confused me since I got out. Been hospitalized twice in one year for them on this claim. Still probably not enough. Who knows. Yes I plan going into the Jax clinic and requesting my C file's next week. Then I'll break out the Googler for all the VA "written to confuse you" jargon. 

When requesting an increase, you can use medical evidence going back up to one year. 

The VA may request a C&P if the medical evidence needs interpretation or if they don't see anything readily available.

All they are doing is an assessment to see if you improved, stays the same, or got worse. They will compare that against the rating criteria to determine any changed to individual or combined ratings.

 

 

[Vync]

29 minutes ago, awgv001 said:

Is there anything that stops us from reviewing these reports during the appointment ~~~ before either we get sent off, or a bad report gets sent off?

This is something I had to start doing, though it steps on the doc's toes it seems, I do it for the sake of integrity to our claims/appeals.

I try to explain to them as briefly as I can why I want to "look over their shoulder" while they fill out the exam -- It's a report about, well, US, after all....if there is a confusing matter that arises - perhaps the good doctors ought to ask us more about it - but they look right through me and "over my shoulder" to the clock on the wall to see when they can cast me out.

How many of you are out there that has had an examiner fill out questions WITHOUT ASKING FOR YOUR RESPONSE?

A different example of this would be like making determination (eyeballing) without proper ROM tests.

I'm having to fight right now because the Doc I saw didn't check the box for "had a previous head injury in service" --- 8 years ago

If I had caught that before the next exam, I would have chimed in immediately to correct it.

Now I wander the VA labyrinth.

So much waste...

The butterfly effect from a single unchecked box.

Good points.

Years ago, I had a C&P doc fill out the form in the computer while I was still in their office.

I have a feeling that the docs are given a certain amount of time to examine patients and the rest to review evidence and write reports.

In 2019, one C&P doc completely omitted pertinent things I brought up. Turns out the exam report was not filled out until a week later. I guess it becomes difficult to remember every detail when you don't take notes.

[awgv001]

5 hours ago, Vync said:

Good points.

Years ago, I had a C&P doc fill out the form in the computer while I was still in their office.

I have a feeling that the docs are given a certain amount of time to examine patients and the rest to review evidence and write reports.

In 2019, one C&P doc completely omitted pertinent things I brought up. Turns out the exam report was not filled out until a week later. I guess it becomes difficult to remember every detail when you don't take notes.

Imagine trying to submit for corrections against a tidal wave of adverse reports like this time and time again. It's one thing to forgot info that the vet reports, its another to just falsify answers like a couple of exams I have had before. What recourse is there? Plus then when submitting for corrections, that can be continued to be denied further and further! Rubbish!

[Vync]

12 hours ago, awgv001 said:

Imagine trying to submit for corrections against a tidal wave of adverse reports like this time and time again. It's one thing to forgot info that the vet reports, its another to just falsify answers like a couple of exams I have had before. What recourse is there? Plus then when submitting for corrections, that can be continued to be denied further and further! Rubbish!

I completely understand. In my opinion, there is no difference between forgetting to input what the vet reports and straight up falsifying information.

Recourse? Well, they don't let us record the exams. They don't have to let us have a witness during the exam. It appears to be this way by design to ensure this little secret doesn't get out.

[sixthscents]

Feel the anger... yes let it grow within you... (lol)

Vync I hear ya dude. JaeT21.... sounds to me like you have filed for increases. Honestly though without more information here about the issues at claim... we cant really say anything specific. However if you are willing to redact you claim you file for increase and the C&P results when you get them... also redacted.... we can honestly be much more precise in our answers.

[broncovet]

Yes, we have at least 3 methods of "recourse" for bad  C and P exams.  Try one or more,  as applicable.  

1.  If there are inaccuracies/errors/false statements,  in your record, challenge them by following this regulation to the letter:

https://www.law.cornell.edu/cfr/text/38/1.579

2.  Challenge the competency of the examiner.  (The competency of the VA examiner is presumed, but you may challenge that).  Chris Attig explains circumstances where this works:  

https://attigcurransteel.com/veterans-law-updates/va-medical-examiners-competence-presumption-rizzo/

3.  Last, you can get an IMO/IME from a private doc to "rebut" statements made by your examiner.  This may cost you money, and it also may be worth it.   

 

Edited January 20, 2021 by broncovet (see edit history)