C&P exam records access

[Allan Eddy]

After waiting many, many months for C&P exams for several disability rating increases and one new disability I went to a third party exam company, QTC Medical Group. Is there any way for me to get the results and notes from their "exams"? I believe there were omissions and errors that has resulted in the VA planning to cut my ratings and benefits in half. They also completely ignored the new disability filing

[GBArmy]

Allan Eddy Well if you are really unhappy that there were inconsistencies in the exam, contact your RO and tell them why you believe your exam was in adequate and that you want a new one right away. Write down what was not asked or done depending on your disabilities and symptoms. They may have broken off your new disability claim and it is being evaluated separately, more than likely. Be specific in what they missed. For example, you went for an increase on your knee. The examiner didn't use a tool to examine your flex but just did a visual. You can't get a copy directly from the contractor. Once it is posted after 30 days, it is visable on VBMS for a VSO or lawyer to see. If you want to get a hard copy, you have to request your c-file or just the C&P exam by doing a FOIA request. Both actions will take months to do. Go to va.gov and look up the status of your claims. Or call Peggy and see if they didn't split them off; that is probably your situation as you have 2 types of claims.

[Allan Eddy]

5 hours ago, GBArmy said:

Allan Eddy Well if you are really unhappy that there were inconsistencies in the exam, contact your RO and tell them why you believe your exam was in adequate and that you want a new one right away. Write down what was not asked or done depending on your disabilities and symptoms. They may have broken off your new disability claim and it is being evaluated separately, more than likely. Be specific in what they missed. For example, you went for an increase on your knee. The examiner didn't use a tool to examine your flex but just did a visual. You can't get a copy directly from the contractor. Once it is posted after 30 days, it is visable on VBMS for a VSO or lawyer to see. If you want to get a hard copy, you have to request your c-file or just the C&P exam by doing a FOIA request. Both actions will take months to do. Go to va.gov and look up the status of your claims. Or call Peggy and see if they didn't split them off; that is probably your situation as you have 2 types of claims.

Thanks! I don't know what an RO is or how to "call Peggy" but I guess I can google FOIA and see where that takes me. My VSO told me that "DBQs are NOT considered medical evidence by VA" so I am wondering why I spent so much time and effort getting four of those and NEXUS letters from my primary doctors.

[GBArmy]

RO=Regional Office Peggy is 1-800-827-1000 the general info number you can call for claims questions. Don't put a lot of stock in Peggy's timeliness or accuracy however.

[GBArmy]

DBQ's from you own doctors is medical ecidense. The form must be still valid, that is, not expired. They must consider ALL medical evidence, even if submitted on an expired DBQ BUT it may not be suitable for rating purposes. For example, if there is a comment section and the doctor adds evidence that he has obtained on evaluation, the have to consider it. It may not be a valuable as the examiner's remarks/findings, but it still has to be considered. Point is before the VA came out with pulling public DBQ's, you doc you'd fill out the DBQ and, if sufficient, you might not have to go to a VA C&P exam. They would use the one furnished. The VA doesn't want to do that anymore.

[pacmanx1]

Unfortunately, you are going to have to write to the Intake center to request a copy of your C & P exam.  Make sure you tell them you only want your C & P exam and give them a date when your exam was done.  By law you have a right to have a copy of your exams, but VA will try to hold it until after they decide your claim. That way you cannot run out and get a new IMO to refute theirs.  VA will need a signature before they release your exam.  (FOIA) FREEDOM OF INFORMATION ACT.

Mail to: 
DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 4444
JANESVILLE, WI 53547-4444

or Fax to: 
TOLL FREE: 844-531-7818 & 248-524-4260 

[Allan Eddy]

18 minutes ago, GBArmy said:

DBQ's from you own doctors is medical ecidense. The form must be still valid, that is, not expired. They must consider ALL medical evidence, even if submitted on an expired DBQ BUT it may not be suitable for rating purposes. For example, if there is a comment section and the doctor adds evidence that he has obtained on evaluation, the have to consider it. It may not be a valuable as the examiner's remarks/findings, but it still has to be considered. Point is before the VA came out with pulling public DBQ's, you doc you'd fill out the DBQ and, if sufficient, you might not have to go to a VA C&P exam. They would use the one furnished. The VA doesn't want to do that anymore.

Thanks! My DBQ's were all current and submitted along with NEXUS and "Buddy Letters". I had to go to a third party company QTC Medical for C&P in September then received 2 "decision" letters, one in late October, the other in early November. When I contacted my VSO she stated this

"To recap from our conversation Friday, the DBQs are NOT considered medical evidence by VA. Actual treatment records are what matter. Also, when veterans file for increase, they must submit evidence that supports the higher severity - just saying that something is worse is not enough.

My advice to you is to gather all treatment records for your coronary & ischemic heart disease, and be prepared to bring them to the hearing (when that is scheduled).

 

You asked whether I support you in an appeal... our accreditation and position as a State VSO requires that we adhere to the VA's regulations. When a veteran files a claim for increase without supporting medical evidence to justify the higher rating, we are unable to fully support him/her when decisions come down that you disagree with. At the end of the day, this is your claim. We can only advise you to the best of our abilities."

 

This same VSO office incorrectly filed my claims back in 2018 and although this person wasn't there at the time I get the feeling she isn't very interested in supporting me.

 

I see you were at Long Binh. I spent some time there in 67-68 with 525th MI Detachment

 

Welcome home!

 

Al Eddy