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VES Records Review C&P

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scooter318

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Hi Everyone

I recently submitted a claim for OSA secondary to PTSD, i logged in to the VES website and it says that my exam is this Friday which is the 24th. They are saying that my exam is a records review only no in person or virtual is required for the exam. I wanted to know does the VA send the contract examiner copies of my IMO, sleep study and prescription for my CPAP. I've never had a C&P like this before and I wanted to get some insight on what to expect.

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For over 35 years here is what I have always done mostly successfully and that is to take copies of all my medical records and other evidence to the exam with me and offer to show this to the examiner in person for both VA examiners and contractors such as QTC, LHI.   In several long time ago exams by actual VA doctor C&P examiners they have thanked me and kept the copies for later review and in an important instance in 1999 this resulted in my receiving both a PTSD increase to 70% and also TDIU (100%) rating without having to appeal.

In 3 recent exams by QTC and LHI for GERD, Tinnitus, and IHD heart disease increase the examiners looked at my many copies and then entered something in their computer notes and returned copies to me.  All the exams for me were successful for me in claims award from VARO raters without having to appeal.

I submit this same medical copies and other evidence with my claim to the VARO raters of course.

In 2017 the biased VA examiner acted insulted that I brought my many copies to the exam and refused to look at my evidence.  He lost his negative opinions against me as the BVA overruled him in 2 separate appeals and awarded me a win for OSA Sleep Apnea due to long term PTSD and said his opinion was defective and in another appeal BVA said his negative opinion against me was inadequate.

The C&P examiners are under no obligation to look at any medical or other evidence copies you bring with you but some will and may even keep the info for later referral.  It worked greatly for me many times.  I always successfully practice overkill in 36 years of claims and appeals. Try it you might like it. 

Do not give away your only important copies.  I always have many duplicate copies of everything important.

The jealous ones and VSOs and former VSOs will of course tell you what works for one will not always work for another I say this also of course as any ***** should know.

I have always enjoyed representing myself in claims and appeals due to 1985 very poor assist from a Waco Korean War VSO who was hostile to younger Vietnam vets like me. Other older VSOs were very indifferent to my claim also.  Narrow minded folks usually loose against me.

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

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Edited by Dustoff 11
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To answer the question as I have had a few of these now.  

They should look at all of the documents related to your PTSD and your sleep apnea.  Depending on the amount of time they are allowed to look at them and what the RO has sent to them, they don't always connect the dots.

My claim just like this took me 3 times to get right, but the BVA did service connect me.  I did have to send all of my paperwork into the VA with highlighted sections of where the connection was.

I also sent Citations from the BVA and Studies done linking PTSD and OSA together.  

In their decision they did not talk about any of this information, but I know twice before the RO was not service connecting me.

If you search my prior posts, I have shared a document I sent to them.  The letter goes into depth and really nails home the point.

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Like I said Scooter in my first comment do not rely on VARO to send important medical records and other supporting info to the C&P examiner but bring your own just in case.  This will cost you nothing but a little extra time and small expense making extra copies and not hurt your claim at all.  Many many vets have had claims denied unnecessarily because they always rely on momma VA to do the right thing for them on important claims issues.

Duplicate copies are and were my friends and I could care less about any extra work for the union well paid plus generous benefits VARO rater.  Works for me.  Others mileage may vary.

P&T 100% over 20 years plus SMC-S. I quit being a follower when I resigned from the Army in 74 and reserves in 82.

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

Edited by Dustoff 11
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