Rebuttal to bad C & P Exams

[Rattler]

I like a lot of you have had issues with bad C & P Exams. I decided to get a Medical Exam from an outside Doctor. I chose Thomas Seiter, M.D. of Marian Medical. I chose him mainly because I like how he wrote his IMO's and DBQ's and his location was close to where I live. (He is in Augusta GA) I did the exam on March 7 & 8. I had to return home for a total knee replacement on March 14 that I am still removing from so I have not had much time to post hear.

I will post more on my experience with Doctor Thomas Seiter. He provided me with the below documents and gave me permission to post them hear. They will give you good examples of how to fight bad C & P Exams. Mods If the link goes against the from rules pleas feel free to remove it.

Thomas Seiter, M.D. of Marian Medical

 

 

DBQ Election, Duty to Assist Waiver, & C & P Decline Notice to VA Regional Office.pdf FIOA C-File Request and C & P Exam Doctor Information.pdf Challenge to C & P examiner competency.pdf

Edited April 7, 2022 by Rattler767

[Dustoff1970]

Very good information Rattler and thanks.  Very often in many BVA decisions with and without a private doctors favorable opinion for the vet claimant, the board will rule against the VA C&P examiner negative opinion against the vet stating the examiner's opinion was inadequate or defective.

In all my appeals I have also added a last or next to last statement that the examiner's negative opinion was inadequate or defective as the examiner did not address certain medical evidence in my favor or the examiner gave no explanation reason for his opinion or he was wrong on certain facts, etc. I have been successful.

One recent BVA appeal for OSA due to PTSD I won because the board said examiner's reasoning was inadequate.  The other appeal involving same examiner the board said his opinion was defective when I pointed out he would not allow me to answer the questions he asked me and I claimed correctly he was biased against me.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[Rattler]

Yup the language in them was right on. I haven't seen anyone post anything like it. I thought it would be helpful for people to cut and past it in there own forms.  I am fixing to go after the VA for an EED on my PTSD T & P as they lowballed it when they awarded it. When I can get up on the PC in a week or so.

Edited April 9, 2022 by Rattler767