VERY strange C & P exam

[Mantana]

Yesterday 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?????

Edited February 16, 2020 by Mantana

[Mantana]

10 hours ago, Buck52 said:

Mantana

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

   

Thanks for the info.  Lots of good advice, now just a waiting game

[Vync]

@Mantana Always keep in mind that the standard for service connection is subject to relative equipoise, or benefit of the doubt. If you have one doc saying yes and another saying no, as long as the evidence is in balance, the VA is supposed to find in favor of the veteran.

[Buck52]

Vync is correct

Also what vync means here   is

if the evidence is in a tie   the evidence in question goes to the veterans favor.

I use to think its a matter of what Dr  or which Dr they believe?

So this is a good reason for a Veteran to use a * ''specialist'' in the field of medicine the veteran is claiming For IMO/IME's

[Vync]

@Buck52 They are supposed to consider the credibility and give weight to the opinions. These M21-1 articles provide some additional information on examination requests and reports. I was unable to locate the exact spot where they will determine which report to hold as more credible.

M21-1, Part III, Subpart iv, Chapter 3, Section D - Examination Reports

Article ID: 554400000015812

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015812/M21-1-Part-III-Subpart-iv-Chapter-3-Section-D-Examination-Reports

 

 

M21-1, Part III, Subpart iv, Chapter 3, Section A - Examination Requests Overview

Article ID: 554400000015809

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015809/M21-1,-Part-III,-Subpart-iv,-Chapter-3,-Section-A---Examination-Requests-Overview

And it ties in to 

 

[Buck52]

Roger that Vync!!

[Mantana]

Alright all, today I obtained the DBQ.

 

here is it in a nut shell

"Conclusion: Although examiner is uncomfortable with this conclusion , using the VA's loose and non verified diagnostic criteria for GERD claimant has a dx of GERD and it 
is at least as likely as not that claimants symptom and use of acid suppressing medication are related to chronic NSAID use related to his service connected TMJ 
disorder."