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???

[Berta]

I went to your profile to read some ofyour past posts under different topics. One says:

" the person conducting the call agreed and also pointed out evidence that was over looked and not written in the denials.  My question is about what was said afterwards. "I'm going to channel this claim to the right place and you may or may not have someone call you or need another exam not sure how they are doing things now, during places being closed up."  Does this mean they made a mistake and need to correct it? Does this mean another C&P exam for sleep apnea?  Has anyone ever experienced the HLR phone call with the caller saying what was said to me?  What does this mean to you???"

HRL is supposed to seek CUE before a decision is mailed to the veteran.

( I had input into the M21-1MR regulation on this, per Secretary Shulkin's office call to me as I had made two solid arguments for two changes to M21-1mr that are here under a search. The former Secretary had actually read my letter to him.The other change extends the NOD deadline if a Reconsideration Request is filed.I had personal experiences I relayed to the Secretary that helped him determine the changes they had to make,.as my experiences have been reflected many times here and elsewhere ,in other claimant's situations.

 

You said the VA caller said this:

(they) "also pointed out evidence that was over looked and not written in the denials.  My question is about what was said a" etc etc ----

The VA called a CUE on themselves from what I seem to think happened because if the VA ( to include any C & P doctor) overlooks probative evidence , they should have considered and it causes a detrimental outcome,  to the vet, th VA will try to rectify the mistake.

It happened to me more then once.

A C & P doctor gave a posthumous exam to my dead husband.The claim was denied based on a horrific statement the doctor made- with NO substantiation at all for it.

Years ago things were different. I called the C & P doctor up, only to find out the RO did not give him the critical 6 page autopsy they had,which I had sent to them many times.

The Buffalo VA did not try to get a better opinion from him, by giving him the autopsy and he told me ( he was very upset at what they withheld from him) his opinion would had been radically different.

At last you are getting what hopefully will be a 'better' opinion from the same doctor.Because the VA is aware they did have what they needed, but "overlooked it" as the VA caller said to you.

The VARO did this to me a well when I filed a FTCA case. They sent the OGC everything but the Critical autopsy.

I called the VACO cardio doc and she was very upset to learn her initial opinion was entirely faulty because the VA had withheld from the OGC, and from her ( VA's Top Cardio doctor)the critical autopsy.

This crap does not happen in a vacuum. I feel it is deliberate attempts, by some but not all raters etc, to prevent some of us from getting anything close to Duty to Assist....and Benefit of Doubt.

I won FTCA at the OGC , and was still fighting them at Buffalo RO, for the 1151 DIC claim,  and they-Buffalo- even denied my 1151 claim again after I settled with OGC for wrongful death .. I called the OGC up and then,   within one month, the RO reversed and awarded the 1151DIC  , using the same Evidence they had denied with- the OGC wrongful death settlement. OGC contacted them and that forced them to read the settlement.(death by VA)

and they were forced to consider the autopsy. That award letter is a nightmare to read.

VA had made "multiple deviations" in a usual standard of care and "all of those deviations hastened the veterans death."

Two of the deviations were on AO disabilities.

 

 

 

 

 

 

Edited June 26, 2020 by Berta

[GBArmy]

USMCNEVERFORGET

OK, what you can do is write a secure message pretty much confirming what the VA said to you today and send to who ever you spoke to. Make a hard copy. If you get jobbed again, request another C&P exam with all this as evidence. If denied, Whitehouse call. That's what I would do.

[Berta]

I agree GBArmy-

Veterans White House Hot Line   1-855-948-2311

[Buck52]

ditto what GB said above

I might add this IF you din't like the C&P Examiner or the way he talk to you  mostly unfavorable things.like=''he was very abrasive with words with me and asked questions in a negative way''

Request a Different Examiner  so you may want to say I do not want to have John Smith as my C&P Examiner   if you name the examiner  your likely not  get him again.  because they just pick who is available and you could get the same examiner.

[jamescripps2]

I got had a inadequate C&P exam and I complained. I was granted a second C&P but with the stipulation that the second exam would be preformed by the exact same doctor. The second exam took place within thirty days of the first exam. As expected the doctor was very defensive and ugly to me. The second exam was much less favorable to me than the first. I used the comparison of the two conflicting C&P exams to prove bias. At the BVA, as such, the C&P exam was afforded little probative value and my private doctor's exam prevailed over the C&P exam and the claim was awarded.

[GBArmy]

James, I like the way you think!