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VERY strange C & P exam

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Mantana

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Mantana

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20200214_063707.thumb.jpg.719b89e6abc71f2a4fab2cbb2ef338c3.jpgYesterday I drove 87 miles over an unplowed pass in a blizzard at 530 in the morning to make a c & p exam. The appointment time was 8am, but I was determined to be early so I showed at 740. But the drive isnt the weird part... I was scheduled to get evaluated for neck pain and GERD. The nurse was nice and drew my blood quickly, the doctor arrived and it was the same doctor I had 8 months ago in another town and he actually gave me my first service connection at that time. He starts with neck pain, does very fast measurements and basically then tells me I have no strong claim. I was claiming it secondary to TMD and had provided with a nexus  (which he read) 2 appeals that the board granted for this same issue. There was also 2 scholarly articles in the nexus letter. He shrugged it off and said he was going to deny it.... now it gets weird...

 

He stated he "lastnight i made up my mind" and was going to deny both my conditions. But then he said this morning he changed his mind and decides to make a statement with my GERD at least as likely as not. He even read me the statement and told me he would use one of the articles provided in my claim. But then he tells me he was going to deny because he thinks I don't have GERD But another disease(just similar symptoms), AND he thinks my articles are bogus and flawed. I am claiming GERD secondary via NSAID over use. He basically explained to me the VA likes to play a game and that he realized I was a veteran who wanted to play back.... Also he said GERD needs to be confirmed and he told me not do have a scope until I'm service connected in case it's negative. 

Oh yeah, and he diagnosed me with GERD

Isn't that weird as heck?????

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GBArmy
GBArmy

Mantana Don't get discouraged. As you can see this is an active forum, and with many people, opinions can sometimes go off target a bit. You are absolutely correct; the VA doc is the one that is wrong

vetquest
vetquest

Let's not be too hard on this gentleman.  He is seeking disability for a condition that he believes is related to service and it is the VA's job to decide if he deserves it or not.  After reading what

vetquest
vetquest

@Mantana, do not be discouraged about this website.  I have been here a little while and have seen excellent advice from some of the old hands and the younger ones too.  As you have noticed sometimes

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Buck52 Grand Master

Buck52

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 Normally this Hadit board is where you will find all the information you will need to win your claim  I PROMISE YOU THAT.

Please don't let others discourage you!

 Sometime some members get a little ahead of them self on this board and don't comprehend what they type and may say discouraging words,  like GB Army mention  just Ignore those type comments.

stay positive!!!

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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vetquest Veteran

vetquest

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@Mantana, do not be discouraged about this website.  I have been here a little while and have seen excellent advice from some of the old hands and the younger ones too.  As you have noticed sometimes a person will of off on a tangent.  We are all human and make mistakes.  Overall this is the best website for winning your claim.  Keep up the fight and never surrender.

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paulstrgn Mentor

paulstrgn

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@Mantana Like stated above don't get discouraged from some comments on this site. There is alot of amazing guidance on this site from the memebers who have gone through what you are going through and those with a lot of experience. You have three doctors who state you have GERD then I would argue thay all can't be wrong.

Like I have said before take the advice that you believe is best suited for your situation and ignore those that may not understand or know what they are talking about. I know for me I don't comment on PTSD for I know nothing about it, I may give words of in couragement but that is really it. 

Always remember you have the most to lose by not getting the best advice and never giving up on the fight until you get what you deserve.

Good luck and stay positive!!!

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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Jimmer Collaborator

Jimmer

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Mantana,  Sounds like the same examiner I had four years ago for my back and lungs.  The examiner told me he was going to deny me, "because that's what I do.  Everyone likes me here".  Then he said "I would appeal if I were you, because you have a strong case".  Appeal I did!  I got a DRO hearing in which they agreed totally with me, give me what I was appealing and also several other issues with my back and lower legs.  I also filed a complaint on that doctor as well.

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Mantana Contributor

Mantana

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35 minutes ago, Jimmer said:

 I also filed a complaint on that doctor as well.

How do you do this? I want to be prepared because if anything fishy is on the exam notes I want to submit some sort of complaint. I just sat there in shock and listened to what he had to say. 

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Buck52 Grand Master

Buck52

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Mantana

I believe you have to have a denial or a proposal to reduce your benefits First.

   Then they are suppose to send you instructions on how to appeal  or try to get this settle at your R.O. with a DRO REVIEW OR DRO HEARING WITH YOU IN-PERSON.

  THEY SHOULD SEND YOU A LETTER DETAILING WHAT YOU NEED TO DO , YOU HAVE 60 DAYS TO REQUEST THE DRO REVIEW  OR DRO HEARING.  FROM THE DATE OF THE INSTRUCTION LETTER.

YOU REQUEST THE DRO REVIEW  OR THE DRO HEARING.,, I RECOMMEND THE DRO HEARING AND TAKE ANY EVIDENCE YOU HAVE TO HELP YOU WITH THIS CLAIM  IT NEEDS TO BE NEW AND RELEVANT EVIDENCE.

lIke a new IMO  from a qualified Dr  Ect,,,ect,,,

USUALLY THE DRO   IS APPOINTED YOUR CASE WILL SEND YOU A LETTER.TO EXPLAIN HIS INSTRUCTION DATE /TIME LOCATION OF HEARING...

NOW IF THEY DO IT DIFFERENT  WITH THIS NEW AMA STUFF  SINCE IT'S BIRTH  ON FEB 19TH 2018.... I DON'T KNOW.?.YOU CAN CALL THE 1-800 # AND ASK.

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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