Yolo

[Yolo]

I had another C&P exam today. I've been fighting for over 10 years now trying to get my VA disability for my Mental Illness. There's times where I've given up tired of fighting but the past 4 years I've continued to fight. At first I did a Higher review it was remanded back to the original office where I was scheduled a C&P exam much to my surprise she said it wasn't Service connected after a 45 minute visit that was last year (mind you I have been receiving psychiatric treatment since I was released from the military in 1995) so I decided this time to go to the next level and filed for the review from a Judge 14 months later I get the letter it's been remanded again. So they schedule me for another C&P exam much to my dismay when I show up it's with the same person who did my exam a year prior so I answered her questions with short yes & no answers because of course she's already written an opinion of not service connected before so I was livid off jump. I'm not sure how I ended up seeing the same person from prior. I know I will be needing to request another C&P exam can I do this based on the fact that they sent me to an examiner who had already written me an unfavorable exam a year prior? I  almost feel like giving up again because I'm sure it's going to be the same outcome.  I for one don't understand why they couldn't use my Medical documentation from the past 20 years with the last 7 being at the VA.

[GBArmy]

Yolo Well if you feel it wasn't fair, call the RO and ask for a new C&P. Have reasons why you didn't think it was fair. Don't wait.

[broncovet]

When the VA pays for the exam, they get to pick who to send you to.  When YOU pay for an exam such as an IMO (indepedent medical opinion) or IME (Independent Medical Exam), then YOU get to pick the doctor.  

My advice is as follows:

If you know this examiner, you may be able to find out if they are competent or not.  This means they are a medical professional with knowledge and experience treating and diagnosing your particular disorders.  

You can try to find out:  Is your examiner a doctor?  Does your examiner have experience treating and diagnosing mental health disorders?  

Ok, if they do, then your examiner is probably "competent".  If not, you can challenge the competency of the examiner.  

Moving on, lets say the examiner is competent.  You need to "refute" a bad exam.  You refute bad exams with good medical exams.  

It frankly sounds like you will need an IMO or IME.  This is not unusual.  Many Vets have to pay for a medical exam, because VA docs like to advocate for the guy who signs their checks:  The VA.  

So, you need to hire a doc who YOU pay for.  

There are several ways to get an IMO/IME. 

1.  Write a check or put it on a credit card.  Done.

2.  Ask the doc to defer payments until you get retro.  Some, but not all will do this.  

3.  "Some" attorneys will "up front" IMO/IME fees if they feel confident you can win with a favorable exam. 

      I dont like this either.  Im just the messenger.  Its set up so that broke people stay broke, and rich people hire docs to verify their claim.  Numbers 2 and 3, above, tho work some of the time, you just have to ask.  

[Berta]

Do you mean it was remanded by the BVA?

If so can you give us the BVA docket# and Citation #?

BVA decisions are public info but names etc are redacted.

Also vets have had success in getting better C &  exams by griping to the VES,QTC, or LHI, if their exam was done by one of these contractors.

I have posted their contact info here many times, available under a search.

You said:

" I for one don't understand why they couldn't use my Medical documentation from the past 20 years with the last 7 being at the VA."

I assume you mean you had a private doctor treating you,for the MH disability you claimed.

Did you ever sign an authorization form for the VA to get those private records?

Even if they did have all of those record, it seems there is something they are missing.Or deliberately ignoring.

" filed for the review from a Judge 14 months later I get the letter it's been remanded again"

what judge- US CAVC or was this letter from the BVA?

We need more info.

 

 

Can you scan and attach here the last decisions you got from the VA?

Cover your C file, name, address prior to scanning it.

Edited February 23, 2021 by Berta
cloud

[Berta]

I just bumped this up "Did you get a bogus C & P exam"

I hope the contact numbers still work- if not let me know-

I received some horrific C & P exams - because they were posthumous exams, and my husband-the deceased veteran, could not speak for himself. I raised hell over them all.

I also had a BVA remand years ago.The RO had refused to read my most probative evidence.

Rather then CUE them I knew the BVA would read it all- and, being at AMU at the time, I was more concerned about keeping my all A average. I had a CUE that sat at my VARO for almost 8 years-and the Nehmer RO awarded it, BVA was a shorter road to take.

I raise two issues, at the BVAmy VCAA notice was illegal and the basis of the claim- my husband's death was contributed to by undiagnosed and untreated Diabetes Mellitus from AO.

I had 3 IMos and the VA had 2 against the claim so they remanded for a cardio opinion.

I got a PA opinion, the PA didnt have a clue so I rebutted that immediately and sent my lay medical rebuttal to the BVA, as they had order a cardio opinion which I am sure would have supported the claim. by the autopsy findings and the other medical evidence.

BVA agreed with me that my VCAA rights had been violated but it was a moot point because they disregarded the lousy C & P exam and awarded the claim.

We dont have enough info to really help you here- until we see the remand and the decisions.

But I would be on the phone and ,better yet in email ASAP if I were you-to the contracting firm that hired the C & P doctor.

If we do not protest or challenge a lousy C & P exam, it will follow us throughout the claims process,and by challenging it, you might not even need to get a costly IMO/IME to combat it.

You can google the C & P examiner's name and use other methods, such as healthgrades, etc, to see if they have any expertise at all regarding  your MH disabiity.

 

 

 

 

[broncovet]

Correct, Berta, and consistent with my posts.  Not all c and P examiners are competent and qualified to do your exam.  But, the VA automatically gives the examiner a "pass" UNLESS, the Veteran or his representative challenges the competency of the examiner.  As you pointed out, the examiner could be a gynecologist and doing a PTSD exam, with NO experience or expertise in treating and diagnosing mental health disorders.  

This is EXACTLY what happened to me.  They sent me to a c and P exam for sleep apnea to an MD with "0" experience or training in sleep medicine.  Zero.  As I have explained in the past, a PHD or MD degree does not necessarily mean your examiner is competent.  

In legal terms, this examiner is acting as an "expert" witness.  And, an "expert" has to have significant knowledge and expertise in the area to which he is rendering an opinion.  Again, a PHD in "basketball" can not render a valid medical opinion on your arthritis of the knee.  

In my case, I did challenge the competency (yes) of the MD (who admitted to me she had no sleep medicine expertise).  However, my SC for other conditions later rendered SC for OSA "moot", as I am already 100 percent plus SMC S on other issues.  Also, and importantly, it wont matter to my wife, either, because I have reached the 10 year mark for 100 percent P and T, it wont matter whether I die of OSA, or anything else, my wife should still get DIC.  

Thus, Im not fighting VA for the fun of fighting.  I am opposed to that for at least 2 reasons:

1.  I dont want to use any more VA resources on adjuticating and appealing my conditions, when they dont matter for my compensation.  I would rather VA rate or appeal another Veteran where it matters.  

2.  Its very hard on my health to fight VA.  Its stressful, taxing, time consuming, negative energy, and I would much rather go get a root canal each day than fight VA for nothing.  

[Berta]

I dont know why a C & P exam popped up in t]my reply above- and it does not appear to be regarding YOLO's issues at all.