Did you get a bogus C & P exam?

[Berta]

I have posted this info here many times but it I almost impossible to find under a search-

If you get a bogus C & P exam, you can request a better exam.

By "Bogus" I mean:

Was the examiner, when you googled their name, not qualified to do the type of exam you got?

For example a male vet here with a leg disability- maybe PAD, got a negative C & P exam done by a Gynecologist.

A few years ago I got a C & P exam ,I think regarding my husband's HBP. and the examiner stated it was an "in person" exam. By then my husband had been dead for over 20 years. The issue was resolved under CUE, because of other evidence.Claim denied, three weeks later awarded.

Also, if the examiner did not have your records ( I got a C & P exam thrown out due to that crap) or if the examiner had your records but obviously did not take the time to read them properly, you can request a better exam pointing out their errors ad what the examiner overlooked.

Another C & P result I got long ago, had the name of the doctor in the decision ( they dont put there names in decisions anymore) and after I called the doctor, both he and I realised the most important evidence I had , was deliberately withheld from him-- an autopsy.-That caused a denial of my 1151 DIC claim.

Within a short period of time I received a FTCA award for wrngful death and sent it to my VARO and the y denied again by refusing this time to consider the info from the General COunsel.I made a quick hone call to the OGC, and then received a copy of a letter the OGC sent to the VARO prdering them to award the 1151 claim. The award came soon there after.

The Regional COunsel of the VA wanted to settle with me a few months after getting my SF 95 under FTCA. He had received a VA Peer Review that suported all of my charges.The RC, the reviewer, and even the Peer review disappeared from the VA and I had to start all over again with the OGC in DC.

I had so much evidence od malpractice by then, that  I didnt need that positive VA review, but it's disappearance caused my FTCA case to take  about 2 years longer.

I found the "non existent " per OLMA ( VA Office of egal and Medical)6 page review ----at the very bottom of my C file years later and I used it in 2010 for my AO IHD death claim.

The only C & P examiner I ever needed an IMO for was an Endocrinologist. It was a diabetes claim, so she was the right type of opiner to use.

But I sent Dr Bash (my IMO doctor) the medical errors she had made in two separate opinions on my diabetes death claim, and he stated in one of the IMOs how her opinion was medically "inaccurate." ( I would have used the word ridiculous-maybe I did on appeal, as it was ridiculous as well as medically inaccurate)

If you feel you have a strong basis to request a new C & P exam,you should try to do that without even waiting for a denial that you might well need to expect.

The C & P exam controls the outcome of most of our claims.

 

 

 

 

 

 

 

1.VES Phone 1-877-637-8387;  https://www.vesservices.com/?page_id=37

Veterans Evaluation Services

PO Box 924089

Houston, Texas 77292

2.LHI Logistics Health, Inc.

328 Front Street- South

La Crosse, Wi 54601

 

https://logisticshealth.com/our-company.aspx

mailto:information@logisticshealth.com

3.QTC Quality ,Timeliness, Customer Ser

Contact info here:

https://www.qtcm.com/about-us/contact-us/

4. White House Veterans Hot Line:

 

855-948-2311-if that number is still in service

 

Some Veterans here have taking steps to get a new and proper C & P exam.I hope they chime in.

A bad C & P exam will force a denial and many exams can be corrected by taking swift steps.

As a widow of a SC vet ,every single posthumous C & P exam the VA ever did was Wrong medically.

 

 

 

 

 

 

 

[ammo6998]

I have a question re: a C&P. My husband was diagnosed with DDD in 2014 after years of pain, treatments, chiro etc. He dropped his papers, had surgery in January 2015 and retired March 2015. Filed his initial claim while still AD. Had his C&P at the VA in Cape Coral, FL in August 2015.  Awarded 10% for DDD status post laminectomy. 

Reading over this portion of the C&P. It states:

11. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest

a. Does the Veteran have IVDS of the thoracolumbar spine?

[X] Yes    [  ] No

b. If yes to question 11a above, has the Veteran had any episodes of acute signs and symptoms due to IVDS that required bed rest prescribed by a physician and treatment by a physician in the past 12 months? 

[  ] Yes    [X] No

My question is, should the answer to 11b have been [X] Yes and does this play a factor in determining the rating?  TIA. 

 

[Buck52]

34 minutes ago, ammo6998 said:

I have a question re: a C&P. My husband was diagnosed with DDD in 2014 after years of pain, treatments, chiro etc. He dropped his papers, had surgery in January 2015 and retired March 2015. Filed his initial claim while still AD. Had his C&P at the VA in Cape Coral, FL in August 2015.  Awarded 10% for DDD status post laminectomy. 

Reading over this portion of the C&P. It states:

11. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest

a. Does the Veteran have IVDS of the thoracolumbar spine?

[X] Yes    [  ] No

b. If yes to question 11a above, has the Veteran had any episodes of acute signs and symptoms due to IVDS that required bed rest prescribed by a physician and treatment by a physician in the past 12 months? 

[  ] Yes    [X] No

My question is, should the answer to 11b have been [X] Yes and does this play a factor in determining the rating?  TIA. 

 

This would be a good question to ask on the Hadit/Exposed Vet podcast show tonight

 TONIGHT  1/14/21  AT 7:00PM 6:00PM CENTRAL TIME'

Call in # (515) 605-9764  after it picks up  then hit #1 and you should be in the show.   Don't be shy Ask your question/questions tonight   

Call in to this show ,

John and Gerald will be glad to take your call.  they have a guest on tonight that is top notch in what she does and you can ask her some questions that's been bothering you lately  or simply get her opinion  on some legal issues you might have with the VA  AND tonight is a good chance for you to get some great Information that may help your claim and speed things up.

CALL IN TO THE SHOW   John & Jerald are Veterans  and been there done that  and can help you tremendously and with their guest on tonight  you won't be sorry you called in.  

Buck

[ammo6998]

Thank you! We will definitely try and make it.

[pacmanx1]

1 hour ago, ammo6998 said:

I have a question re: a C&P. My husband was diagnosed with DDD in 2014 after years of pain, treatments, chiro etc. He dropped his papers, had surgery in January 2015 and retired March 2015. Filed his initial claim while still AD. Had his C&P at the VA in Cape Coral, FL in August 2015.  Awarded 10% for DDD status post laminectomy. 

Reading over this portion of the C&P. It states:

11. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest

a. Does the Veteran have IVDS of the thoracolumbar spine?

[X] Yes    [  ] No

b. If yes to question 11a above, has the Veteran had any episodes of acute signs and symptoms due to IVDS that required bed rest prescribed by a physician and treatment by a physician in the past 12 months? 

[  ] Yes    [X] No

My question is, should the answer to 11b have been [X] Yes and does this play a factor in determining the rating?  TIA. 

Without being able to review your husband’s medical records we could only speculate that it is possible, but we cannot really say. It is a major difference from a veteran not feeling well and decides to lay down or rest compared to a doctor actually prescribing bed rest. I have days when I cannot get out of bed it hurts so bad, I can just about roll over, and my doctor told me to take my time and go at my own pace, but I have never been prescribed bed rest.  Years ago, my doctor counseled me about quitting my job because it was aggravating my symptoms, but he (the doctor) never prescribed me bed rest. Even with your husband’s condition and my condition, most doctors would do the opposite and try to keep us active. Also keep in mind that prescribing bed rest must be in writing.

Intervertebral Disc Syndrome (IVDS) and VA Disability | CCK Law (cck-law.com)

[kanewnut]

On 1/10/2021 at 12:44 PM, El Train said:

I filed a formal complaint about a C&P examiners exam to the VARO head person

How do you go about filing a formal complaint? Who do you send it to? 

[ammo6998]

41 minutes ago, pacmanx1 said:

Without being able to review your husband’s medical records we could only speculate that it is possible, but we cannot really say. It is a major difference from a veteran not feeling well and decides to lay down or rest compared to a doctor actually prescribing bed rest. I have days when I cannot get out of bed it hurts so bad, I can just about roll over, and my doctor told me to take my time and go at my own pace, but I have never been prescribed bed rest.  Years ago, my doctor counseled me about quitting my job because it was aggravating my symptoms, but he (the doctor) never prescribed me bed rest. Even with your husband’s condition and my condition, most doctors would do the opposite and try to keep us active. Also keep in mind that prescribing bed rest must be in writing.

Intervertebral Disc Syndrome (IVDS) and VA Disability | CCK Law (cck-law.com)

Thank you for sharing your experience. I was wondering more along the lines of it should have been [X] Yes due to the fact that his surgery was within that time frame.