I Just Got Home From Vamc And I Am Poed.....

[LarryJ]

First of all, let me start out by saying that I have no idea whether this is posted in the correct topic, so, if necessary, move it or remove it.

I get a letter a couple weeks ago, an appointment at the VAMC in Dallas. It just says it's for a C&P.

Well, I figure that it's for my latest claim that I turned in a couple months ago about my knee and hip, but, I'm not really sure so I called up the VAMC and asked them. The dude says, "yup, it's for your knee".

So, I figure, hey, they got their mojo working and got something right..............kewl!

So, I show up today for my "knee C&P", right?

WRONG!

First, just let me say that this Ahole was a reall Ahole. He sticks his head out the door to the waiting room, BELLOWS my last name out, turns around and disappears before I even get a chance to get out of my seat......and I had to try to run to catch up with him as he disappears into some exam room down this hallway. I get in the room, he doesn't say anything, just looks at me.....then, after a couple of minutes of this, he tells me to take my boot off........then grabs my foot and proceeds to twist it.........and says "I bet that hurts, doesn't it".........and that is the extent of my C&P for my claim for my ankle that has been going on now for 3 1/2 years.

The following is the remand from the BVA to the RO in Waco via the AMC:

REMAND

The Board finds that a medical opinion is necessary to make a

decision on the claim. See 38 U.S.C.A. § 5103A(d)(2) (West

2002); 38 C.F.R. § 3.159©(4)(i) (2005). Specifically, the

veteran has a current left ankle disability, there is

evidence establishing an event in service involving the left

ankle, an indication that the disability may be associated

with the veteran's service, but insufficient competent

medical evidence on file for the Secretary to make a decision

on the claim. Id.; see also McLendon v. Nicholson, No. 04-

0185 (U.S. Vet. App. June 5, 2006).

Accordingly, the case is REMANDED for the following action:

1. Please send the veteran a corrective

VCAA notice under 38 U.S.C.A. § 5103(a)

and 38 C.F.R. § 3.159(, that includes

an explanation as to the information or

evidence needed to establish a disability

rating and effective date for the claim

on appeal, as outlined by the Court in

Dingess/Hartman v. Nicholson, 19 Vet.

App. 473 (2006).

If there are outstanding records (such as

Social Security Administration records),

where the medical records are not those

that are already in the claims file

(medical records from Bill Jones, D.O.,

dated December 2003 through December

2004), the veteran should inform VA of

such records so that it may assist him in

obtaining the records.

2. Have a VA physician review the

veteran's claims file, including the

service medical records (which are in a

manila envelope) and provide an opinion

as to the following question:

The veteran has admitted that he

fractured his left ankle prior to service

and was in a cast for approximately five

to six weeks. He was seen in June 1964

with complaints of severe pain and the

inability to perform. X-rays taken of

the left ankle at that time showed

evidence of an old healed fracture of the

medial malleolus of the left ankle with

some loose bodies in the joint space on

the lateral aspect of the ankle. Was the

left ankle condition aggravated beyond

the natural progress during the veteran's

period of service?

A rationale for the opinion should be

included in the examination report, which

includes upon what evidence in the claims

file the opinion is based and involves

any other supportive reasoning.

Anybody see anything in that remand that requires the C&P?

I am P*SSED!

P$SSED P$SSED P$SSED!

If for no other reason that the fact that I was treated like crap.

I KNOW that I'm going to get a lousy report from this guy. I don't even know his name. He never introduced himself. He had no name tag on, not card badge, nothing on his lab coat, just a plain white lab coat. I don't even know if he WAS a doctor.

I've provided the VA with two IMO's favorable. Do you think that they will outweigh this schmuck's report?

[Josephine]

First of all, let me start out by saying that I have no idea whether this is posted in the correct topic, so, if necessary, move it or remove it.

I get a letter a couple weeks ago, an appointment at the VAMC in Dallas. It just says it's for a C&P.

Well, I figure that it's for my latest claim that I turned in a couple months ago about my knee and hip, but, I'm not really sure so I called up the VAMC and asked them. The dude says, "yup, it's for your knee".

So, I figure, hey, they got their mojo working and got something right..............kewl!

So, I show up today for my "knee C&P", right?

WRONG!

First, just let me say that this Ahole was a reall Ahole. He sticks his head out the door to the waiting room, BELLOWS my last name out, turns around and disappears before I even get a chance to get out of my seat......and I had to try to run to catch up with him as he disappears into some exam room down this hallway. I get in the room, he doesn't say anything, just looks at me.....then, after a couple of minutes of this, he tells me to take my boot off........then grabs my foot and proceeds to twist it.........and says "I bet that hurts, doesn't it".........and that is the extent of my C&P for my claim for my ankle that has been going on now for 3 1/2 years.

The following is the remand from the BVA to the RO in Waco via the AMC:

REMAND

The Board finds that a medical opinion is necessary to make a

decision on the claim. See 38 U.S.C.A. § 5103A(d)(2) (West

2002); 38 C.F.R. § 3.159©(4)(i) (2005). Specifically, the

veteran has a current left ankle disability, there is

evidence establishing an event in service involving the left

ankle, an indication that the disability may be associated

with the veteran's service, but insufficient competent

medical evidence on file for the Secretary to make a decision

on the claim. Id.; see also McLendon v. Nicholson, No. 04-

0185 (U.S. Vet. App. June 5, 2006).

Accordingly, the case is REMANDED for the following action:

1. Please send the veteran a corrective

VCAA notice under 38 U.S.C.A. § 5103(a)

and 38 C.F.R. § 3.159(, that includes

an explanation as to the information or

evidence needed to establish a disability

rating and effective date for the claim

on appeal, as outlined by the Court in

Dingess/Hartman v. Nicholson, 19 Vet.

App. 473 (2006).

If there are outstanding records (such as

Social Security Administration records),

where the medical records are not those

that are already in the claims file

(medical records from Bill Jones, D.O.,

dated December 2003 through December

2004), the veteran should inform VA of

such records so that it may assist him in

obtaining the records.

2. Have a VA physician review the

veteran's claims file, including the

service medical records (which are in a

manila envelope) and provide an opinion

as to the following question:

The veteran has admitted that he

fractured his left ankle prior to service

and was in a cast for approximately five

to six weeks. He was seen in June 1964

with complaints of severe pain and the

inability to perform. X-rays taken of

the left ankle at that time showed

evidence of an old healed fracture of the

medial malleolus of the left ankle with

some loose bodies in the joint space on

the lateral aspect of the ankle. Was the

left ankle condition aggravated beyond

the natural progress during the veteran's

period of service?

A rationale for the opinion should be

included in the examination report, which

includes upon what evidence in the claims

file the opinion is based and involves

any other supportive reasoning.

Anybody see anything in that remand that requires the C&P?

I am P*SSED!

P$SSED P$SSED P$SSED!

If for no other reason that the fact that I was treated like crap.

I KNOW that I'm going to get a lousy report from this guy. I don't even know his name. He never introduced himself. He had no name tag on, not card badge, nothing on his lab coat, just a plain white lab coat. I don't even know if he WAS a doctor.

I've provided the VA with two IMO's favorable. Do you think that they will outweigh this schmuck's report?

Larry J,

I would immediately fax the information that you have provided here on this site, as to what took place during this so called C&P.

I will give you the fax number the name of the only party at the AMC that will take your letter from the main frame and log it into your record.

Be sure to address the fax to : The Appeals Management Center ATTENTION: L. Gingel.

1-202 - 530 - 9216

After you fax the information, wait about one hour and ask to speak to Liddel Gingel and ask him if he logged the letter in.

This is the only thing that has worked for me.

Good Luck!

Josephine

[marine0311]

I go to the Dallas VAMC, and yeah they have some A'Holes......

I had a letter for a two C&P's exams and I called them to ask what's it for. I already had all my C&P's for my 1 yr old claims anyways the A'hole told me he couldn't tell me.

Ok whatever right! So the day before I get a call and they told me the 11:am C&P was canceled. Ok I still had a 7 am C&P.

So I drive an 1 1/2 to Dallas and get to the office and they say it was canceled. I was like WHAT! They said I only had 1 C&P

and that the 7am thing was just the time I had to check in with them. and then wait until 11am to see the specialist for the C&P.

This was over a month ago! No word from the VA about any C&P exam...... PIZZED!

I have had problems with the Dallas VA. The ER is a joke! I worked in a ER as a EMT, they were the rudest non-professional Doctors and Nurses I have ever seen.

I had to be escorted out by the Security Guards when it was all over, and was denied care. I filed complaints but never heard anything.

2 yrs ago the DALLAS VAMC was rated the Worse VAMC in the United States!!!!!

[Vike17]

Larryj,

If your C&P exam went as you said it did, you need to write a letter to the BVA stating what you posted here. If he BVA were to catch wind of this, they'll send the exam back to be redone. I'm really surprised that for a C&P exam ordered by the BVA that it went this way. Normally, the C&P examiners are extra careful to administer exams to the 't" when they are requested by the BVA. I would just write a short letter to the BVA expalining this and you shold in return be rescheduled for a new exam.

Vike 17

[Stretch]

I had an ENT doctors appointment. It turned out that it was the ENT C&P, but I was ready for him. I asked him to include about 30 records. He refused to except them, saying that he did not have room to store them. Big mistake. These same records were in my C-File. He did not refer to those records in his evaluation of my conditions.

SSOC recorded this nurses opinion. I shot back with he refused to include information I had available to him, saying the he did not have room to store this information. I further remarked that my IMO had seen that information as well as all of my service medical and dental records, and that his non-reference to these records shows that he did not consider my service medical records.

This C&P Nurse has disqualified himself and more.

[Ricky]

redo, redo, redo, remand remand remand, thats the problem with this F@#@@@ system now. Why don't they just do it right the first time around!!!!!!! Yep they may do them to the T upon return from the BVA if they do them. I have seen many where they just hold the records for 8-12 months then return them to the BVA without ever doing the requested exam. Why should they care? The Ro's thumb their noses at U.S. Code so what is going to happen to them for telling the BVA to sit on it and rotate? nuting....... Don't beat me up for talking bad bout the VA just venting....

[Tbird]

such a familar story, this is why i named the site hadit.com because after so much bs you've just had it.

i have felt your anger and frustration in my own personal dealings with the va, don't let it eat you up brother you need your strength for the battle.