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C&P BS


Dustoff 11

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Here is more C&P BS put out by another admin at another forum location (not this one)

"You do realize that a NP is more than capable of completing a C&P exam right? This isn't someone treating you for some rare condition. Any bachelors of nursing student in their final year could likely read your medical records and do a c&p exam."

This is the very reason why the many many BVA appeal decisions rule against a VARO rater claim denial because the BVA finds the C&P examiner's negative exam opinion against the vet to be defective or inadequate and in many decisions such as my two recent appeals the BVA compares the VA examiner's credential or lack of to the private doctor's favorable opinion and his many years of medical expertise experience to include professional qualifications such as surgeon or specialist.

Often even without a doctor's MO supporting the vet the BVA will still rule against the examiner's negative opinion when weighing the other positive medical evidence in the record for the vet against the dufus examiner's non qualified judgement negative opinion.  The whole ****** system is corrupt as hell at the initial VARO decision level.

These VA and contractor C&P examiners do a h*** of a lot more than review medical records as the inexperience booboos make critical judgement calls as to whether or not the veteran's disability is related to military service or another service connected medical issue and gives excuse for VARO rater denial of the initial claim.

Please seek advice from experienced members of this forum before listening too another

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

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  • HadIt.com Elder

Been through that recently. Nothing quite like filing for a heart attack and the NP totally hoses up the C&P. You can't make this up:

Quote

A review of the {DATE REDACTED} VA medical opinion shows that the examiner opined on the wrong condition...

You're right about the VARO being jacked up, too. M21-1 requires the VARO adjudicators to review the exam and ensure it was adequate. They blindly accepted the findings without even trying.

The VA said my only recourse was to submit an HLR or appeal to the BVA. I rolled the HLR dice because I didn't feel like waiting years for a decision. The DRO was shocked that something like this could happen and also apologized. My initial claim was submitted in April 2019 and the final decision in my favor was in January 2021. 20 months to properly process a claim for a life threatening condition is unacceptable.

When I inquired about having someone get with the NP and VARO adjudicator to provide guidance and corrective training, I was simply told, "We don't know if that will happen."

The funny part is my wife has a Bachelor's of Science in Nursing and her response was, "They did what?!?!". Yeah, she's not a NP, but she is definitely more competent than the NP who did my exam. She pays attention to everything!

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Everytime I have had a C&P exam it was done by a NP. And every damn time, his word went against my GP Family Doctor, my Neurologist, my Rheumatologist, and other doctors. The NP in Cheyenne, Wy, was a turd and years on this forum has taught me that most C&P examiners are. I wish to the Lord Almighty that someone, somewhere would expose the "training" these C&P examiners get in order for them to deny, deny, deny. I have not had one C&P exam go in my favor, and it was the reason why I have spent years on appeal. I'm still in appeal because of that jerk. 

I too, have had the judge at the BVA apologize to me, twice to be exact. I know there are good people on both the VHB and VBA side of things, but I don't trust (and never will) the C&P examiners. The examiners have done more damage to my perspective of the VA than any one thing or person. I understand the VA's obligation to weed out the liars, but this is how they do it? It's atrocious.

Sgt. Wilky

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If a vet is caught lying, they can be criminally prosecuted.

 

VA C&P examiners are not held to the same standard.

If they were, the prisons wouldn't hold all of them, IMO.

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Yeah, 9 out of 10 times the VA will go with their guy/gal, regardless of medical qualifications.  Same with a HLR route (rubber stamped).  Where I've had success is writing a written complaint to my regional VARO about a bad C&P examiner.  This triggered more C&P's for the claim.  Ultimately, when they know you ain't playing around, they will not just rubber stamp you and put you back years in the appeals process.  Especially when evidence is on your side (like an MD opinion vs a NP opinion).

Hope this helps.

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  • HadIt.com Elder
2 hours ago, Sgt. Wilky said:

I have not had one C&P exam go in my favor, and it was the reason why I have spent years on appeal. I'm still in appeal because of that jerk. 

Same here except I had one go in my favor for SC, but the VA screwed up the percentage. That of about 15 exams since 1995... Nearly all of my claims were overturned and granted on appeal or review. After decades of public pressure, the VA has been more focused on turning around claims quickly, but has failed to uphold a modicum of quality and reliability. It would be interesting if the VA would issue a report on the number of C&P examiners who failed to get it right the first time...

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2 hours ago, 63Charlie said:

If a vet is caught lying, they can be criminally prosecuted.

I can recall the Regional Offices used to have amnesties days for employees to return lost or missing veterans records and evidence. It goes a lot deeper, and a lot of veterans never really hear/know about the real horror stories. 

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