New C&P exam from same Doctor

[USMCNEVERFORGET]

Here is my question: Has anyone had a C&P exam, doctor writes an unfavorable opinion about your condition and you get denied service connection. Next you turn in a supplemental claim they deny that new evidence. Next you go to a higher level of review and VA finds error and then sends you a letter telling you this occurred during the claim process. Now today VES the third party contractor for VA currently doing C&P exams with their pool of doctors. Low and behold the same doctor who wrote me a negative opinion last time is scheduled to a new exam. I'm really feeling uneasy about seeing the doctor again for a few reasons. First he was very abrasive with words with me and asked questions in a negative way.  Lastly he wrote a bad opinion and I'm very disappointing feelings towards him right now. Finally I called VES to question the same doctor and VES said it is always the VES policy to have the Veteran go back to the same doctor.  Now I cannot understand this right now. If you go to court and lose then you appeal you don't get the same judge again who ruled against you in the first case. Why am I getting the same doctor again? Does this sound right or is it just me???

[USMCNEVERFORGET]

Thank you Berta for responding. Yes I do have a letter from the HLR but in the decision part reads they have identified an error and will correct it. DTA was found and VA will take steps to correct it. The caller kept saying a DTA was found and pointed out the evidence I pointed out earlier. A doctors exam and an incident report wasn't included in the decision or denials. I pointed them out to them that they missed this evidence in a Supplemental claim and they still denied me.  From the dates of the exams and incident report given to the VA intake center for the evidence it overlapped the dates.  On September 28th a doctors exam was submitted along with an incident report, the VES C&P exam was on Oct 1 the denial was decided on Oct 4. If the VES subcontractor VA exam doctor was given the evidence in my claim folder which should have been looked at the first time, then why didn't the examiner include these things in the medical opinion? I hope I answered you questions. Thank you.

Edited June 27, 2020 by USMCNEVERFORGET

[ShrekTheTank]

They don't go out of their way to get the same ones, but if they are seeing you for a specific thing then you will probably get the same on.  I would probably go to you VA hospital and go talk to the C&P doctor who over sees all the claims and tell them what happened and you would like a new C&P by a different doctor.  I would also lodge a complaint with the white house hotline to let them know they have a biased PA/doctor doing C&P exams.  Doctors should not do this, they should stick with the evidence and asking questions if they are needed.  I would keep fighting this!

[deedub75]

That happened to me with the exception that I was seeing a VA examiner instead of a contractor.  I kept getting denied by the same NP and the VA.  BVA was skeptical of that NP's rationale so it was remanded back to that same NP.  I had waited 3 years for BVA to decide my claim and remands take forever so I opted into RAMP with an HLR.  A medical opinion was obtained from the same NP who had denied me previously and she denied me again.  There was a duty to assist error in that claim so I was allowed to file another HLR and another medical opinion was obtained from the same NP and yet again I was denied.  At that point I believed it was more personal than anything.  I ended up getting my personal orthopedic surgeon to write a nexus letter and I was sent for new exams through a contractor and this time my claims were granted. 

[GBArmy]

I would agree with Shrek and deedub75. The way I would approach it would be to try and get an appointment with manager that schedules, like Shrek said. If you present your case and don't get too pushy, I would hope that he could see where you are coming from and grant you a different examiner. If the conversation doesn't swing your way just gently mention that after much consideration you think that if they can't get another, you have made up your mind to go to the whitehouse call line. Ask to confirm that you have the right "spelling of his or her name." Bet it works.

[pacmanx1]

Years ago I won a CVAC remand and a BVA grant. The VARO sent me to a C & P exam and the examiner failed to ask certain questions and didn't do a complete/adequate C & P exam. After waiting all those years,  my rating was low balled and I filed a NOD and a statement in support that this C & P examiner did not perform a complete C & P exam and that the examiner did not annotate all of my evidence. The VA reviewed my claim and granted my CUE. The VARO corrected my rating but screwed up my effective date. I had to file a new NOD where my claim went back to BVA where I won my correct effective date. VA had sent me to this same C & P examiner that failed to complete an adequate C & P exam. This C & P examiner refused to review my evidence including my CAVC and BVA remand and I had to get my VA choice doctor to do my DBQ.

[USMCNEVERFORGET]

The contractor(VES) said today the VA requested same doctor and that is the way it is right now. I called VA and they gave me a different answer saying VA didn't do this to my claim.  WOW. I'm just going to wait and see because VES already knows about my not wanting the same doctor and want another one before the VES IMO is submitted to the VA.  Hope this doesn't get personal like others have said on posts.  I have no problem if VES gives it to same doctor just as long as the doctor writes the facts and no be biased towards veterans.  Years ago when all VA C&P exams were done at VA hospitals a doctor giving me the exam at the very end of the exam said after discussions about service connections or not, what is flexible on knees and arms. Turned to me and said " I'M THE JUDGE AND JURY ALL IN ONE HERE"  I always remembered that and that is why I'm concerned about the same doctor again doing the exam.