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???

[Buck52]

Same here James

I had a examiner claimed I was Malingering  on a hearing test  and he was not the examiner that gave me the test  so how could his opinion carry any weight,

However a VA Audiologist mention  to him she thought I was Malingering, anyway this VA ENT wrote up a bunch of junk on me trying to get my already 50% hearing loss reduced to 0%  he had done several other veterans this way.

  he  just did not want to be veteran friendly to any of us vets,,well I did what I thought I heard them say do during the test you either hear those tones or you don't and when you do hear them you raise your hand  anyway I did everything they ask me to do    this ENT report caused me to Appeal the proposed reduction on my 50% from my R.O.

I simply went got a private hearing test and had this Doc to read my medical records and this report from the VA ENT,   The private Dr tested my hearing and went strictly by the VA Criteria for hearing loss, and my hearing loss according to the criteria warranted another 30%  plus I had mention the ringing in my head  known as Tinnitus to this Idiot several times and he just said well I don't know,  but this private Dr  Dr ate his lunch and pointed out several mistake this VA ENT Made ,

Anyway the DRO GAVE ME THE TINNITUS  another 10% for that...the DRO Hearing at my R.O. went by the private Dr's test and I ended up with a 40%increase instead of a reduction  AND INBREED THE TDIU P&T..

I WENT BACK A YEAR OR TWO LATER AND CAUGHT THIS  VA ENT ON THE ELEVATOR ..I DIDN'T SAY ANYTHING TO HIM BUT I SURE GAVE HIM  A MEAN LOOK IN THE EYE...HE KNOWS  HE HAS TO KNOW  HE HAD A BAD REPUTATION AT MY VAMC     LUCKY FOR THE YOUNGER VETS COMING ALONG HE IS RETIRED NOW AND NOT THERE.

Right now Broncovet and I are trying to figure out if they paid my retro correct...but I need to find the IU application when I first filed for the IU and not when this DRO Awarded...its about a 3 year gap  or even longer if they go by when I first filed....evidently they don't go bt when you first filed and was denied @0%  they wait until you are service connected with a %  ...because that's exactly what they did to me.

Unfortunately I guess a lot of my records got lost  that I need now  because the one I need to prove all this is not in my C-file My only hope is I can find it in the VBMS working on that at present.

I ask Alex for help being he has access to the VBMS  but he is to darn busy  helping Vietnam Vets...I am a Vietnam combat Vet myself , I did 2 tours over there 70-72...but Alex is just to booked up  so I called another VA Accredited    Claims Agent Accredited in 2011 and has over 30 years helping us Vietnam Veterans.  so hoping when he gets time  I can ask him to see if this document I need is there  and make a copy of it.

[jamescripps2]

Yes, I also called Alex about representing me. He he is booked up and has more than he can do at this time. Alex went above and beyond in offering to read my BVA decision and offer an opinion. He then took the time to hook me up with CCK. IMHO there is no veterans advocate more dedicated than Alex.