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I just had a third C&P because somebody did't read my records. Who else has had this happen?

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Steve C

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As of today a third C&P was supposedly completed by VES. Apparently, the VA requested it due to the MD at VES stating a "pre-existing condition" when clearly, there is none ever on record. I went into the service straight out of being a military dependent. I just recently learned that not only are my military records being reviewed but my dependent records are also made available. The VA apparantly questioned the MD's report and had a third C&P records review done which apparantly was yesterday. My claim in process is about a surgery in the military for a fairly simple procedure to unblock a ureter that was obviously botched. (I spent 17 years as a surgical assistant and know the procedure well). The botched surgery cost me my left kidney and did not find out until recently because I am having some issues with the now remaining kidney and learned all of this due to a CT. The surgery was clearly done in service at a USAF major medical facility and never in my life had I had any kind of kidney issue before that which my records clearly show.

I know the system is set up to make us quit or fail the process. That is a given. Who else had similar issues? I am really curious because I think that it is time overdue that we speak up to ALL of our congressional figures about this lack of care and abuse of a system that is meant to protect us in line with our enlistment/commision contracts. I am curious as to how many have had this happen. I already know that the rolls of 22 A Day are filled with veterans who gave up because of all the crap they put us through to prove our claims. I for one, want that to stop!

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Even in 1970 military medicine can be horrific as I discovered at major U.S. Army hospital near Tokyo.  I had already been diagnosed with serious kidney and unary track infection in Vietnam by Army doctors but in Japan they decided to do a very intrusive green dye injection into my arteries to take a series of ex rays.  I thought I was going to die on the table and seem to go on forever.  After AGAIN confirming my infection, they placed me on new drug Tetracycline that cured the infection.

I am service connected for that 1970 infection they incorrectly refer to as prostatitis at 0 %.

This and other veterans' forums have frequent postings by vets being injured by military surgeries.  Very recently a navy or AF lady vet posted about her botched service surgery that still causes her painful grief today.  I believe she lives in Florida. 

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The VARO raters are dragging their feet on adjudicating a priority BVA remand for my Agent Orange Heart Disease increase remand and now ordering a second C&P exam this time for update EKG/ECG.  It has been many months now since they received the BVA remand.  First LHI exam was interview and records check.

I have been P&T 100% for well over 20 years and now with SMC-S so this increase claim is not important to me, but I will follow thru since it was started in 2017.  

I have to drive 2 hours to Sacramento for EKG but this is nice because I was going there anyway for Sacramento River fishing trip and VA/LHI will pay for my gas for this frequent fishing trip.  Yahoo!!!!!!

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I don't believe the third parties, i.e., VES and LHI understand how the VA comp system works completely, whereas the old VA examiners did.  The whole question of when you entered service, the military bought you as "whole" and that you had no pre-exsisting conditions.  That is why you went to MEPPs and had the extensive physical.  

I can see where a (VES or LHI) doctor could think, or assume, well a person who develops this (make up a desease) probably had it as a child, etc., but the VA examiners knew that this didn't matter, as the Veteran was "born" when he passed the MEPPS physical.

As with most jobs out there, there usually is a bit of time where the two work together (right seat, left seat) so that the new person(s) can pick up the intricasies of how things are done.

I don't think that happened, 

Carl

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  • Content Curator/HadIt.com Elder

Like you, I also was a military dependent who went straight into the service. Of course, after leaving the service I filed some claims. It is saddening to see how many obvious errors were made back in the 1990s and still seeing the same mistakes made today. Once you win SC for your aggravated condition, be sure to carefully read your decision and compare it with today's laws/regs regarding aggravation ratings. You would be surprised how often the VA will reduce a rating for the wrong reasons. Please check out my blog entry from a few years back for tips, but just double-check it against current laws/regs in case you need to file a supplemental to have them correct the rating percentage.

 

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Well personally myself I feel that the new contractor comp exams are been use to delay claims.

I have had ever loss of use exam there is all favorable  i even had a specialized loss of use for smc benfits.

The VA the bva refuse to address any of there owe exam.

Well my case was remand by the court.

I wrote that I will not attend anymore exam that I have a 20 year record and over 5 comp exam. I will like a decision made.

 

Well the bva judge stated If I refuse and exam get ace exam done. Smh.

Well I get a letter from lhi saying they need me to travel an HR away for a exam.  I refuse.

Well the VA send my file to lhi qtc was hold the remand for 6 month.

Well long story short I got denied without any of my evidence address because I refuse a exam that the bva judge stated I can refuse. Smh.

I am now back at the court and waiting for a VA lawyer response to all this.

I really don't think there is a higher up they is addressing these rater ordering  all these exams.

The exam they are try to do now is for the examiner to make a determination on my loss of use.

By cfr the rater is to make the loss of use determination not the examiner.

But they are ordering exams for the examiner to make the determination.

I have fought the VA for over 20 year pro SE I am smc l and half.

I have never seen this many exams been order for veterans before the contractor thing 

 

 

 

 

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I had 5 c/p exams on my left eye, I am still fighting for K award after many years. This garbage of multiple c/p exam has gone on for years, and many vets go thru it. Once one va rater starts giving the vet a hard time, they all follow suit.... and it continues for years. I finally gave up at the local level and went to the BVA. If I fail at the BVA it will got to the COVA, If I fail there it will go to the Federal courts. I am not giving up on this one. The va cannot read their own rules,  Loss of use or blindness, they keep arguing that loss of use is blindness. How stupid some of these raters are. 

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