LHI examiners

[Whodat]

Who out there had bad experiences with LHI C&P examiners?

I would like to share my experience with LHI.

2019, I had filed a claim. A c&p exam was scheduled with LHI. Shortly afterwards, I received a Fedex packet will info to include the examiner info. I pulled up the examiner's info, 3 years of Nurse Practitioner, as well as 3 years with VA system.

I had already been diagnosed with migraines, and had an event or injury that would connect it. The diagnosis was from my Neurologist. 

During my exam with this NP, he kept saying that he doesn't think that my headaches aren't migraines, he thinks that I have cluster headaches.

I am unsure of how the report was written up but I do know that it wasn't good. Denied. 

So of course I had did a HLR. I had gotten  letter from VA duty to assist error and they are returning my claim to the RO for corrections. 

I get another letter from LHI for another c&p exam for migraines. Who do I see? The same examiner. Now things get ugly. He has remembered me and what comes out of his mouth, why are you here again. 

Started the exam, nowhere did he used the dbq, just basically telling me that I do not have migraines, that is clusters. Then he proceeded to tell me that ptsd does not cause headaches.  I feel another bad c&p exam.

Looks like the Department of Veterans affairs has done it again. They claimed to be backlogged,but what do they do? Hire sub contractors with little or no experience conducting bad exams knowing that the Vet is going to appeal. Job security for the contractors just like Brown &Root back in the days. 

The bad thing is that this NP is also a Vet. 

 

[pacmanx1]

15 minutes ago, Cat4Christ777 said:

My attorney, Leslie Dean, told me that it is widely known by VA accredited attorneys, that the VA does this sort of thing on a regular basis, and they know it's illegal, but they do it anyway. They're getting away with illegal behavior, and there does not seem to be a way to stop them!

Veterans can always file an appeal.  When veterans have both a negative C & P exam and a positive C & P exam that puts his/her claim/appeal in relative equipoise (that simply means in balance, both positive evidence and negative evidence). The veteran’s claim is given the benefit of doubt and he/she wins. The veteran may have to file an appeal to the BVA, but he/she still wins. Your attorney should know this, and it is the only way to get your benefits and make the VA correct their decision.

[Cat4Christ777]

Except, pacmanx1, the VA did not schedule a 2nd C&P exam with LHI, they just spoke with a second person at LHI for a 2nd opinion WITHOUT the person speaking/meeting with me--and that is illegal.

Maybe I wasn't clear??? I did describe that I did NOT receive a 2nd C&P exam with LHI for 'early menopause,' but the VA used an illegal 2nd opinion to deny me benefits I earned (due to menopause being diagnosed during service).

Yes, last year my attorney DID file for Higher Level Review, and late last year, the VA answered with MORE DENIALS.

[pacmanx1]

3 minutes ago, Cat4Christ777 said:

Except, pacmanx1, the VA did not schedule a 2nd C&P exam with LHI, they just spoke with a second person at LHI for a 2nd opinion WITHOUT the person speaking/meeting with me--and that is illegal.

Yes, you were clear. The second opinion was still used, and the VA should have used both opinions to determine your rating. There are many times when a claim is denied at the local level RO and HLR but granted at the BVA level with the same evidence.

[deedub75]

25 minutes ago, Cat4Christ777 said:

Except, pacmanx1, the VA did not schedule a 2nd C&P exam with LHI, they just spoke with a second person at LHI for a 2nd opinion WITHOUT the person speaking/meeting with me--and that is illegal.

Maybe I wasn't clear??? I did describe that I did NOT receive a 2nd C&P exam with LHI for 'early menopause,' but the VA used an illegal 2nd opinion to deny me benefits I earned (due to menopause being diagnosed during service).

Yes, last year my attorney DID file for Higher Level Review, and late last year, the VA answered with MORE DENIALS.

You don’t have to have an exam for a medical opinion. It’s not illegal at all. It’s called an ACE (Accepted Clinical Evidence) exam. 

The only way to know for sure what’s going on is to get a copy both exams. Then you’d be able to see why the 2nd exam was ordered. 

Unfortunately, HLRs usually end with a rubber stamp denial. The only time I had success with one was when I asked for earlier effective dates for some disabilities that were granted using a supplement claim. 

Edited March 8, 2022 by deedub75

[pacmanx1]

Unlike the RO the BVA reviews/reads all the evidence of record and not what they want to see. Equal evidence of records means evidence in relative equipoise and the veteran keeps his/her benefit of doubt and wins his/her claim. The only issue is getting it to the BVA and waiting for it to be reviewed by the BVA lawyers and then granted by the judge.

I am fighting several EEDs because the RO completely ignored the evidence of record and it really make absolutely no sense. 

 

Edited March 8, 2022 by pacmanx1

[Mr cue]

13 hours ago, pacmanx1 said:

Unlike the RO the BVA reviews/reads all the evidence of record and not what they want to see. Equal evidence of records means evidence in relative equipoise and the veteran keeps his/her benefit of doubt and wins his/her claim.

Now I agree but there are some bva judges decision. That are like ro decision.

I can say this because I have about 4 5 different bva judge decision and remands this year.

And believe me they are all different.

An some follow the laws and others you better be able to spell it out for they to follow it.

I had the one bva judge state the benefit of doubt  can't be used in my case or something like that.

I post it on hadit. About it

Now do you have a better chance at the bva I think so and most time they get it right.

 

My last bva decision was done by a nice judge who basically told the VA the only way for me to get my smc o and r was to grant the smc l for my mental health.

She lay out the way it is to be done.

Now why she didn't take care of it.

I don't understand.

It made it a lot easier to get the VA to understand there errors tho

I don't know if they still do dro hearing.

Because there are faster than bva hearing

And they are transcripts that are put in your record

I never had a bva hearing not waiting almost 3 years to get it all completed.

Make no sense to me my opinion.