Unqualified C&P Exam Psychologist

[DSIG]

LHI just sent me the details for my C&P exam appointment. This is for a PTSD increase claim. I looked up the doctor and even though there wasn’t much on him I found that he is a child psychologist, doesn’t have many and good reviews, wrote a book about social justice for children with disabilities that he sells on Amazon for $12 and was deposed for his professional credentials. One review says ‘I can’t believe this guy still has his license’.  I’m including a link to his creepy deposition. Where does LHI find these doctors and how can I get this changed?  Do I go to VA and ask for another contractor or take it up with LHI?

www.dpdlaw.com/weistuc.htm

[GBArmy]

DSIG Welcome to Hadit. On your question there is in my humble opinion no right or answer here. You can go with your gut and go back to LHI and state your case. If they say no change, then go to your RO. You could also have your cake and eat it too. Why not go to the exam and do your best. Take notes on what went wrong with the exam ex.how long it took, inappropriate questions asked, etc. If you get a favorable exam, you win. If you don't, you challenge the examiner by going to your RO and stating his/her credentials and why it was inadequate, and ask for a re-do. Totally up to you. You have a great deal of an advantage by doing your homework and checking out this examiner; good job by you.  Use your knowledge wisely. If you do decide to go and see this examiner, don't tip your hand, because then he can stack the evidence against you by misrepresenting your responses. It is kinda like a free shot at this but do what you feel is going to be the best for you. Best of luck to you.

[broncovet]

Here is what to do:

I wish I could count how many people advised I give up also.  I didnt and eventually won it all.    Here are the methods to counter bad exams:

1.  First, if its inaccurate, you can use this regulation 3.1579 to correct it.  Follow it to the letter.  https://www.law.cornell.edu/cfr/text/38/1.579

2.  Secondly, you can challenge the competency of the examiner.:

https://cck-law.com/blog/how-to-challenge-va-cp-exam/

3.  Lastly, you can get an IMO/IME (private doc) to refute bad exams.  

    NEVER give up.  

[Berta]

I agree with above but I would probably do all three suggestions - yet you might be successful if you take this up with LHI first. Try to contact them via email, that way you have a hard copy documented reply.

GBA is right:"You have a great deal of an advantage by doing your homework and checking out this examiner; good job by you."

BUT what if the exam goes OK? Maybe best to get a copy of it as soon as you can,before you question it.

 

VA is hiring these federal contractors to do C & P exams as well as to treat VA patients.

Unlike actual VA employees, they don't fall under FTCA so they cannot be sued for malpractice.

When I filed FTCA ( wrongful death of my husband) and won that case, at least ,in those years ,the many doctors I listed,who had malpracticed him were employed by the VA.

I posted a link here available under a search as to "Our Providers"- whereby any veteran can determine if their VA health care is coming from a Real VA medical employee or from a federal contractor.

One of the contractors, (LHI,VES, QTC) boasts a "low" liability factor ,on their web site in an effort to hire more contractors. VA malpractice by VA medical employees was costing the VA too much money,so they came up with the "Provider" idea.

The C & P might go OK----but I hardly think a child psychologist can deal with service connected PTSD.

 

 

 

Edited January 31, 2021 by Berta
cloud

[john999]

I would get the IMO/IME. As a matter of fact, I might get two IME's/IMO's.  Just bury them with evidence.  When I got P&T I had three doctors do reports for me. Getting an incompetent C&P is so normal for the VA in my experience that it is normal.  I went to a C&P for a heart condition. The so-called doctor was a nurse. She had no idea what she was doing.  My exam with her was a 0% disability.  I got my IMO and got 60% because the C&P doctor's exam was so incompetent.  It is amazing what an IMO can do for you.  So many vets just accept a VA C&P without filing an appeal and getting new medical evidence. I filed many claims for increases over the years, but did not start winning until I got IMO's.  If you get 10% that gets your foot in the door.  You can expand on that with new evidence and get 100% if you persist.

[Buck52]

These Examiners are supposably trained to do these exams, the VA has  your medical records and that's what they go by  or private records if you share them with the VA? 

Tip TAKE YOUR FAVORABLE MEDICAL RECORDS THAT PERTAIN TO THIS CLAIM WITH YOU THAT SHOW YOUR PTSD HAS GOT WORSE.

If you have your evidence that you show your PTSD has increase or worsen   then you should be ok...let your evidence speak for you  and be sure this examiner reads them,,if he don't seem to be reading your medical records or asking you questions as to why you think your PTSD as got worse  tell him why and also tell him to check your medical records ,  if he don't have them  then you will have them to show.  they also check out your body language and your movements  and your eye contact.

Theses Examiners are sent your medical records  about your disability'' A WEEK OR SO BEFORE YOUR EXAM''  and they read all the notes and  medical reports that these Dr..s have mention in these reports   they also look to see what the therapist has put in these reports or they are supposed to!

so If you decided to use this examiner  you should take your medical records with you   that pertain to your Increase  in case this examiner don't touch base on these  that show your increase  if not the examiner may just say your PTSD is the same  and has not got worse.

I don't think it matters rather or not he is a child psychologist,  just so he is a license and has the Degree in Mental Health Physiatristry  matter of fact it could be a good thing???  I'd say its 50/50  to go with this guy...  Just have to wait and see?   if you choose to request another exam  it will prolong your claim process.

Edited January 31, 2021 by Buck52

[DSIG]

GBA, thank you for welcoming me to hadit.com.  I always feel at ease amongst fellow veterans.  

Thanks to everyone who posted with resources and advise. I didn't see this from the perspective that I could land favorable evaluation but also dispute an unfavorable eval based on the doctor's credentials. 

My private treating psychologist of 12 years prepared a DBQ and narrative (nexus letter) and provided a summary of all my sessions since 2009 which I submitted as part of a Full Developed Claim.  I'm expecting for the VA to put more weight on my treating practitioner's evaluation and report than on the C&P examiner's evaluation. 

Since I posted this discussion I discovered the following about the C&P examiner:  

https://www.njconsumeraffairs.gov/Actions/20080114_35SI00264000.pdf

The doctor was ordered by the NJ Attorney General in an official document also filed with the Board of Psychological Examiners to 'cease and desist from performing forensic evaluations except that he is permitted to perform psychological evaluations in school...". This was in response to evidence presented that that the doctor prepared evaluations that were one-sided. 

Given that C&P exams are designed to be forensic examinations, doesn't this Attorney General's cease and desist order disqualify the doctor from performing C&P exams? The deposition that I posted in the original post points to many examples where the doctor misrepresented his credentials and I think that he may have done the same when applying with LHI to be a C&P examiner.   In light of this additional information that I uncovered shouldn't I report this Attorney General order to LHI?