LHI C & P EXAMS

[pacmanx1]

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. 

[Buck52]

I agree with broncovet  but sometimes even if the C&P Examiner in not qualified the Veteran may still get a favorable C&P Report ,  but the odds are against the Veteran that happening. or the VA goes back and rechecks the EXAMINER CREDITIALS and make the veteran take another exam.  which they would call the first exam invalid and not to be used for rating purposes.  adding years to the Veterans claims a broncovet pointed out.

[Buck52]

I would recommend the Veteran get his hands on his C&P Report ASAP. SO YOU HAVE TIME THE APPEAL AND REBUTT THE QUAIFLICATIONS  OF THE EXAMINER.  IF NEEDED.

[Buck52]

I remember years ago I had problems with a C&P Examiner from the VA, HE WAS AN AUDOLOGIST FRO THE VA, 

Anyway he mention I did not cooperate during the exam  which was BS, Anyway this ended up at a R.O. DRO HEARING with a Rating specialist at my hearing  ,the rating specialist ask me if I was willing to take another C&P Exam at a different location at a VAMC?  I said yes , but please look at my IMO from a hearing and speech expert  STATE CERTIFIED  and with 25 years of experience in this field of medicine .and this Dr used the VA Guidelines during all testing including the Maryland CNC Word test,....the rating specialist look at the test the Private Dr did  and was satisfied with the test and the Dr credentials   and used that in her decisions to give me the TDIU P&T  This rating specialist called this private Dr's office and ask some questions  and they gave her the answers she needed ..I was approve on the spot by the DRO.

[pacmanx1]

3 hours ago, Buck52 said:

the rating specialist look at the test the Private Dr did  and was satisfied with the test and the Dr credentials

Well, my friends, I am only hoping that the board does the right thing. I have had my claim go to the board and then turned around and to deny my claim before, so I am just hoping that they review my evidence and make the right decision, or I will have to find a NOLO Attorney and take my claims back to the CAVC. We all know that for some reason the local VARO will not grant some claims forcing the veterans to file an appeal but when the local VARO ignores their own C & P examiners opinion is something totally different. They did not disagree with my new C & P exams they just continued my ratings as is and not even addressing my request for an EEDs. I am hoping that the board resolve these issues and not remand my claims. Since the new C & P exams support my disagreement, I can only hope.

Buck, this is what I am hoping for, a positive outcome of my final appeals. Since my recently LHI C & P exams supports my original arguments/disagreements, I am just hoping it goes well.

 

 

[Mr cue]

Pacmax that was what I try to avoid more exams after a cavc remand

When my case came back from the cavc to board. I put in a statement that I had over 7 comp exam during this appeal.

If more exam are order I will be doing a petition to court. Because the board would be developing to denied

Well the bva a judge still remand but put I can refuse the exam and make a medical opinion based on my record.

I just now got qtc to process the medical opinion with out the exam.

 

 

 

 

 

 

 

[pacmanx1]

26 minutes ago, Mr cue said:

Well the bva a judge still remand but put I can refuse the exam and make a medical opinion based on my record.

IMHO(IN MY HUMBLE OPINION), we have to learn what battles to fight. My appeals have been going on for years and one for two decades. No big deal, the VA just granted me a 1998 effective date and the only part I disagree with is the rating percentage. The other is for an effective date but my new LHI C & P exams just further support my claims. I think that with most claims, prior to the board or the local VARO will want a new C & P exam within maybe six months to ensure that the veterans’ disabilities has not gotten better. Since I knew my conditions/disabilities were about the same to worst, I just went with the exams. Not going to an exam just holds up your claim and the VA can use that non-exam to deny your claim or say that you were uncooperative. I don't want the VA to have any excuse to delay or deny my claim. Heck, I think they have been going on long enough and if the simplest way to get them to make a decision, I would go to the exam.

Edited September 2, 2021 by pacmanx1