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Does a doctor have to do disability exams


JeffSoCal
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Question

I recently in for medical exam because I had applied for ED.  I am 100 percent disaabled for almost 10 years now.  I had a nurse practioner examine me for 10 minutes. I have lumbar issues 

peripheral neuropathy both legs and phelbitus right leg.  I thought I was going to see a specialist but instead got a NP.  Whole exam lasts 10 minutes.  Got a letter from VA which said every thing was

vastly improved and they recommended a 30-40 percent reduction.  I filed an appeal with DAV in November to appeal.  Is it legal to be examined by someone other than a doctor?  OH ED claim was turned down.

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Yes, I have been examined by an NP several times.  For a peripheral neuropathy claim also which was denied the first time out.  Before they can reduce you I believe they need to do another exam if it has been over five years.  If your appeal does not get granted I would suggest that you get an IMO by a doctor that specializes in PN if you can.  PN cases are difficult sometimes in that a lot depends on the examiner because there is so much the doctor or whoever cannot see or quantify.   

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NPs are basically doctors with a few years less of residency. They can do all the stuff doctors do.

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Your examiner is "presumed competent" absent a challenge by the Veteran or his representative.  NP's do c and p exams all the time.  

BUT...did you get a "reduction proposal"?  You should have.  They give you 60 days notice of an impending reduction, and an opportunity for you to dispute it , with a hearing if you so desire.  

If they did not do a "proposed reduction" then the reduction should be void ab initio.  

Now, if they did send you a proposed reduction letter and you did not dispute it, then they can send you a letter and then you can appeal.  But you appeal decisions, not proposed reductions.  

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I agree.  My back has been fused 4 times since I was granted 100 percent..  I am seeing a doctor who diagnosed me with peripheral neuropathy 8 years

ago as well  as letters from 3 other doctors that say the same thing.  2 of them say mwithmy merve damage I have ED 

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