VA plans to outsource all compensation and pension exams

[Buck52]

https://www.stripes.com/news/us/va-plans-to-outsource-all-compensation-and-pension-exams-1.649356

[Buck52]

I always like the outside contractors  for C&P 's   vs the VA C&P's

VA C&P's Tend to make up stuff or not read your records.

some times veterans may have a good repore with a VA Doc  and if that Dr is his C&P Examiner  usually the exam is favored for the veteran   just because they know each other fairly well  ect,,,,ect,,, (jmo)

[GBArmy]

As for most of this stuff, veterans are looking for a blueprint on "How" or "what" to do. A lot of the time, there really isn't a black and white answer. All we can do is say what has happened to us in the past and the best likely choice the veteran can make based on what our experiences are. Sometimes it just can boil down to dumb luck. We just try to make people more "lucky" in those cases. The best advise is be honest, don't be an idiot when dealing with an examiner, only answer the questions and don't go getting diarrhea of the mouth (stick to the question), be as prepared as you can by knowing your story and know you don't lose until you quit trying.

[pacmanx1]

1 hour ago, GBArmy said:

As for most of this stuff, veterans are looking for a blueprint on "How" or "what" to do. A lot of the time, there really isn't a black and white answer. All we can do is say what has happened to us in the past and the best likely choice the veteran can make based on what our experiences are. Sometimes it just can boil down to dumb luck. We just try to make people more "lucky" in those cases. The best advise is be honest, don't be an idiot when dealing with an examiner, only answer the questions and don't go getting diarrhea of the mouth (stick to the question), be as prepared as you can by knowing your story and know you don't lose until you quit trying.

I totally disagree with your post. I agree with a post that Ms. Berta posted several years ago. We veterans that have reached the 100% scheduler P & T rating and those of us that have won several CUE Claims here and there has earned our master’s degree in Veterans Disability. Look at all the success stories that are here on Hadit.com. Believe me or not but some of the success stories are not even on this board because I know like others, I have helped veterans that I personally know and not on this site. So, I know other board members have helped veterans not on this site. I cannot agree that this is due to luck or dumb luck.  I can agree that what works for one veterans may not work for another and what one VARO will grant another may deny and force the veteran to file an NOD but that is just the way that it is.

It really boils down to the evidence in the veteran’s file and then if and I say if the rater does his/her job and review the veteran’s entire C-File and how much fight is in the veteran. Evidence is always key. I would not call anyone stupid or say that they did something stupid but be prepared when dealing with the VA and any VA representative.  I do not like having VA call me because anyone can say anything on the phone, and I have a habit of forgetting conversations. I prefer having it in writing. The 1 800 number will say anything to get you off the phone. I noticed that while I am in the appeal status contacting VA in the late afternoon that they like to inform me that their computers are down and they have to forward my call to BVA and then I noticed that the time is different there and they are already closed yet I have been transferred and the conversation is over and I have to call back the next working day and if it is on a Friday, I have to wait until Monday.

When I say be prepared. A veteran should have current treatment records, a current diagnosis, and a nexus letter connecting the in-service injury or condition when s/he files a claim.  Do not wait for VA to schedule them a C & P exam and get a negative opinion. File a positive medical opinion with their claim. That way even if VA denies the claim the veteran can file an appeal as soon as s/he gets their decision letter. Keep in mind that VA does not need a reason to deny a veteran’s claim, they can do it because the sky is blue, or their neighbor’s kid kicked their dog. The veteran must keep his/her focus on the plan of getting service connected or an increase in their decision. It is agreeable to get/be upset but channel that frustration in reaching your goal.

We must use VA regulations and their tactics to overcome the insanity of some of their decisions. The rule book is just that the rule book and what is good for the goose is good for the gander. Please do not get me wrong. If a veteran needs help or assistance in getting their service connection and or increase, please seek that advice. Just make sure that you fully know what your POA is doing and you have the final word and if you disagree then change your POA.

We may not have all the answers but I am quite sure that one of the members will be able to advise or give a good direction to start.

Edited November 5, 2020 by pacmanx1

[GBArmy]

You, sir, are certainly entitled to your opinion. But if you don't think "luck" or whatever you can call it doesn't sometime play a part in dealing with the VA, what do you call it when the VA examiner is in a bad mood because you happen to get him the morning that, like you say, " the neighbor's kid kicked the dog." Maybe, luck to you is the same as "just the way it is." I think we are on the same page but not communicating here.

[deedub75]

I don't know if you want to call it luck or not but if I had all of my C&P exams through the VAMC, I would never have gotten to 100% P&T. I had filed a lot of things and they were all denied except for tinnitus and that got me to 30%. I was lucky in that I was working for VBA while filing a bunch of claims and appeals and they had just started a new rule that if you worked for the VA you couldn't have your exams at the local VAMC. You had to either drive to a VAMC further away or go to a contractor. I remember they accidentally scheduled me for a mental exam at the VAMC which I thought was weird. Once I got there they told me that it should not have been scheduled there and that it would have to be rescheduled with a contractor. The general practice contractor surprisingly was an MD and she was really, really nice and pro-veteran. She examined me and then let me do a lot of talking about my conditions and how they started on active duty and how they affected me at that time. The examiners at the VAMC would hardly let you get a word in edgewise. This contractor granted everything I was claiming which got me to 100%.  

Even though I was at 100%, I still had things on appeal that continued to be denied by VAMC examiners for years at BVA. It was remanded back to the original examiner who kept denying me. I finally used a supplemental claim with a nexus letter from my doctor and my claim was taken from the same VAMC examiner who kept denying me and sent to a contractor. I was finally granted all of those claims.  

I do want to say that the contractors seemed to follow the letter of the law while the VAMC examiners seemed biased and made up a lot of stuff to deny me. The VAMC examiners used a lot of there personal opinions not rooted in any fact or medical science. 

[GBArmy]

Deebub75 That's pretty interesting that you worked at the VA and the original guy kept on denying you. I've heard similar stories before; it just isn't right. If it is remanded, going back to the same examiner is a conflict of interest on the VA's part,  and sure as hell isn't ethical. That might be a good thing to call the whie house hot line on. That should not be allowed to happen. By the way, it doesn't sound like you were too lucky.