you don't need a private doctor imo to win a appeal or a claim

[Mr cue]

It is really get to me that the only advice I see give is a veteran need a private imo.

To win there claim or appeal.

When did hadit stop stating law cfr VA manual to help veterans.

If you file a claim nine time out of ten the VA is going to order exams with it without a imo.

I just don't see how this is helping.

My opinion is that it is discourage veterans.

We all understand that it hard to get your VA doctor to do a report and most don't have 1000s to pay for One.

An 9 time out of ten the VA is going to not even address the private imo away.

They have want to address your record

So give this advice to me is sending veterans down a rabbit hole.

This is my opinion.

Other believe this is the only way.

I have Never had a private imo done or use in any of my grant's

The VA half the time doesn't even want to address there own comp exam.

If there favorable.

 

 

 

[Tbird]

The only person who can ban someone is me.  No one has threatened to ban you. It is not illegal to advise people to not show up at their compensation and pension exam but it is not advisable.  as this can be used against you. It’s not advisable to spit into the wind but you can do what you want.

 

[Lemuel]

CUE, all of us can read your bad advice and decide not to follow it.  You give no reason for avoiding the examinations that will have any chance of getting another remand with proper remand orders.

I have seen others get SC for secondary conditions they did not expect simply because they attended the examinations and had the good fortune to catch a physician who ignored the examination order by the RO or an RO that issued the order properly to do a complete examination. 

I personally had a VA physician who did that in 1985 which was the cause of the recognition of my TBI brain injury and subsequently confirmed complex partial seizures I was unaware was happening. (atypical absences of just staring in an "altered state of consciousness which, for me seemed like a momentary inattention when actually they were lasting up to 45 minutes) 

There is far more benefit from attending every examination possible because at least some will do a thorough examination as required by the CAVC Decision, “Once VA provides a VA examination, it is required to provide an adequate one, regardless of whether it was legally obligated to provide an examination in the first place. Barr v. Nicholson, 21 Vet. App. 303 (2007).”

I missed two "private physician office" C&P exams after the really bad NP VA examination that sought every unfavorable remark in my record while avoiding mention of all of the favorable remarks while she avoided the BVA remands and stood by the exams as ordered by the DRO.

I did not make the exams because it was early in COVID, and I did not think it was worth the risk after confirming the examination orders were the same as the ones that caused the remands in the first place and the "private physician consult" by the DRO was going to be followed without deviation meaning I was still going to have to get another remand from the BVA.  Not going will make it harder for me to get the remand. 

All I have going for me is not wanting to repeat the examinations that would just have to be ordered over because the DRO copied the previous orders instead of following the remand orders and taking an unnecessary COVID risk.

I am still fighting to get the temporal lobe epilepsy SC and to get compensation for the mistreatment of it with Tegretol.

I agree with you, CUE, that there is a problem with RO and DRO examination orders and we would not have to appeal if the awards and examinations were according to CFR instead of whoever is causing the limitations in the orders.  The referral by the RO and DRO to private physicians that have to follow those limitations the save as the VA physicians had to in the past and the NPs in the C&P examination do now, and even write bogus examination reports often copying errors in earlier exam reports that are easily proven "arbitrary and capricious" by the record in appeal.

Yes, it is hard to see a good examination turned bad by a later examination.  But the good examination, solidly based in the record is cause for claiming the bad examination is "arbitrary and capricious" and should be ignored and redacted from your record so it will not be copied again.  That is the subject of my motions to the BVA this time up.

[Mr cue]

Ok i Gabe explain myself many times.

An I have no problem with anyone not take my advice.

Like in said There is mote than one way to fight the va you have your I have mines.

So anyone have it is look have both points of view that how it work last time I check.

Now ok if you had 5 favorable exam and the va keep ordering the same exam yes is will refuse.

Now they are to address the record an not develop to deny a veteran.

Other thing will get the remand.

 

Or you can't keep going go the exams until they find the one to deny.

An Now your fighting the exams suck try to get them to accept the other favorable exam.

Wait that is what you just post happen to you.

Maybe my advice could of help you.

Well we all have a choice on how to fight the va.

 

[Carl the Engineer]

All,

If we rated where we are at with VA claims 1-100, where a new initial VA comp claim for tinnitus, would be a 1 and where Mr. Cue is, probably near 98, there is obviously different paths one can choose to take.  And we could/should cater our advice appropriately.  In other words, Mr. Cue is playing 3 dimension chess with the VA, and most of our new contributors are not there yet.  I follow Mr. Cue, cause he pulls some bold moves, and he has chosen to go that way.

On the other hand, most of my input goes toward easier claims that I have been successful with.  Most of my stuff has been straight forward.  I am in my first HLR, which is probably a denial, but haven't heard anything from the VA in over six months after the "new" exams.  So, I keep reading here, learning, bidding time.  LOL.

I do see a problem that krept up on Veterans, that being, when we had VA C&Ps, they got sent back to the examiners to opine when there was a problem, but now, with contractors, they (you) get sent to a different examiner to fix.  I does look like shopping.

Lets tailor our responses to the level of problem the OP's are having, and we can always have our own posts with our own experiences for others.

FWIW,

Carl

I'm going out on a limb and say that I am a 60 on a scale of 1-100.  That's low, but there is so much I don't know.

 

Edited September 29, 2022 by Carl the Engineer
cause I can

[Mr cue]

Yes I do play chess with the VA because they play chess with veterans.

Please believe me I am no expert and don't claim to be.

But I do understand a few things the VA the va that I learn over the years.

Before these contractors exam.

If the exam need something address it was just send back to VA hospital.

You didn't have to keep going over and over to exams.

The contractors exam were put in place because some veterans live to far from a VA hospital. It's was done to send ever veteran.

An they still have a comp and pension at the va hospital.

Some say they don't have the ppl to do a exam. Lol 

Don't believe me look at older post on have.

 

 

[ShrekTheTank]

I go to the VA hospital very often and our Comp&pen office used to have 5 people working there.  I make it a point to walk by every time I am there to check. 

Take in mind this my VA in Omaha and others could be different.

We have 1 person who works there now.  It was the original C&P officer who started my exams.  

I am not sure where you are getting the information that they have all of these people still at the VA.   I am not sure how 1 person is supposed to do the work of 6.

I am going off of my own experiences at my local VA.  Others could be different, but from my military buddies I have heard they are very limited.

 

Also if you want to fight the VA on going to a C&P then that is your choice 

Is it a fight to have?  If you want to fight it, then do what you feel to be right.  

I do agree it is crap when they have multiple C&P's and they go for another for no apparent reason.  I don't have the energy to fight that fight.  

I do hope you have good outcomes from this.