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LHI C & P EXAMS

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pacmanx1

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After fighting the VA for months to get a copy of my LHI C & P exams, I just found out that the only way to get a copy of those exams to my VAMC medical records, I have to take a copy to my primary care provider and then have them to have the records scan into my VAMC records. The ROI (Release Of Information Office) refused to take them and copy them. The ROI even refused to request a copy from the VARO. More shenanigans from the VA. 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder

Pacmanx1 I just don't know what they could be thinking. They must not have gotten that official memo about "non-adversarial". Not to worry though; we all know the VA puts a premium on helping Veterans with the claims process. 

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  • HadIt.com Elder

Usually, you get a rating very soon after a C&P exam.  LHI did mine and I got an extra 80% rating.  I was shocked of course, but sometimes good things can happen.

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These LHI C & P exams are part of the long claim/game. Since I am at the end of me filing any claims, these are my appeals, and the VA has finally decided to send me to new C & P exams. I have been fortunate that I was given good C & P examiners that actually listened to me and has written favorable medical opinions and good medical rationales. I have gotten all my copies and I am just waiting for the board to do their thing. Also, these claims go back prior to the VA awarding me my 100% scheduler so hopefully things will change without me going back to the CAVC.

The crazy thing is I see a lot more veterans going through the appeal stage after the VA has already granted/awarded them their 100% rating and they are just trying to get their effective dates corrected.

Edited by pacmanx1

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder

The more you learn about the claims process the more you often learn how you have been screwed on effective dates and other issues.  I don't blame any vet for filing for EED or a CUE.  I was cheated out of thousands of bucks due to my ignorance of the process and duplicity by the VA.

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  • HadIt.com Elder

I recently ask for a complete historic Claims Audit of my claims from my R.O. and they came back and said we have did a complete Audit of your claims  , we found everything to be correct  you are not owed any retro...But I disagree with that, but later on I will file a CUE for EED I know for a fact thats off...so the Audit they did will be incorrect and it only took them a bout 3 weeks to send me their audit decision.

i AM WAITING ON MY 20 YEAR PROTECTION   WHICH WILL BE NEXT YEAR.

GETTING ALL MY RECORDS IN LINE AND SHOW THEM THE DISCRIPIECES ON THE EED.   AND THAT SHOULD PRODUCE ME SOME RETRO  MAY NOT BE ALL THA THAT MUCH ABOUT 6 MONTHS OF 50%  SPLIT FROM 100%  OR MORE IF THEY GO BACK TO THE DATE I FIRST FILED? FOR THE INCREASE ,WHICH WOULD BE ABOUT 3 YEARS OF RETRO.

Right now I am taking care of my spouse, but checking my C-file everyday and rounding up some records and looking for a Accredit VA Claims Agent in my Area that as access to the VBMS.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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The VA does not want Vets to "be informed", especially with c and p exams.  I certainly agree that it makes sense to get a copy of the c and p exam. 

The board makes "factual determinations" that are onerous to change based on exams that we have no idea if they accurately reflect our present or past 

symptoms.  For example, we rarely know if that examiner is competent or not.  We are supposed to "trust the VA" when we dont know what the examiner said,

or even if they are competent to opine.  

This often adds years to our claim.  

Example:  VA sent me to a c and p exam, an MD.  Competent, right?  Wrong.  My "doc" had zero experience or training in sleep medicine, and it was for sleep apnea.

So, the doc's opinion is legally worthless.  Professional training and experience in the field renders one competent.    I can not have my neighbor, who has a Phd in 

Uranium Mill tailings removal opine whether or not my sleep apnea is related to service.  His Phd has nothing to do with my malady, so his opinion is worthless.  

But, here is the catch.  Our examiner is "presumed competent" absent our challenge.  

Often we dont know whether the examiner is competent or not until its too late, and we have to start over.  

Will the VA send us to an examiner who is not competent?  Sure they will.  The send us to the first examiner who is available.  If you live in Nome Alaska, there may 

not be a sleep doc within 400 miles.  So, they send you to an internal med doc, who knows nothing about as much about sleep medicine as I do.  (probably less, you l

learn a thing or two by using a cpap since 2007, but Im not competent to render an opinion, tho neither is the internal med doc)

Its frustrating.  

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