VA's "Duty to Impair"; Incompetent Examiners and Inadequate Medical Exams

[broncovet]

"The VA does not automatically provide the credentials of the examiner to the Veteran".  

In short, ASK your examiner!!!!!

Perhaps more importantly, the most common error is an inadequate exam:  

Quote

Therefore, inadequate medical examinations are, unsurprisingly, the most common error, requiring the Board of Veterans Appeals (Board)29 or Court of Appeals for Veterans Claims (Veterans Court)30 to remand for a new opinion.3

https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1870&context=facpubs

Edited November 28, 2022 by broncovet

[Whodat]

This is some great info Broncovet.  I will do just that. I will ask. Hopefully my c&p examiner will not get offended.

[El Train]

11 hours ago, Whodat said:

I will ask. Hopefully my c&p examiner will not get offended.

Well I've offended one once.  It didn't fair well for me either.  It probably added another 6 months to my claims getting approved.  They certainly can make things rough for ya if ya piss em off.

[john999]

Oh, yeah, if you piss them off  they will screw you.  I have had many inadequate and incompetent exams over the years.  It is best to just appeal it.  Get your own experts.

[Mr cue]

I agree it will piss them off and the exam might not go well.

My thing is it will take 10 20 veterans to start a class action lawsuit.

About not having or been able to get a copy of the comp exams before decisions are made. Put them at a disadvantage to dispute the exams.

About the exams not been part of the veterans medical record but part of the claim file.

Veterans not been able to see there own medical exam record unless they do a foia. Smh which take months.

An last and not less about the VA ordering unnecessary private comp exam. 

Using the oig report as evidence.

Only problem is finding a lawyer to handle it. Cavc will pay the lawyer fee.

 

 

[broncovet]

All you have to do is get the Doctor's full name, and, spelling, if necessary, and you can look up the credentials.  If the Docs name is "Robert B Smith" you are good to go.  But if the docs name is Ramdizziartiyp Octavioochoneivinava Ochoazyleoparta then you better get the spelling.  Often they have a business card on the desk for the asking.  Its not an insult to ask the name.  

The point of this post was to get the examiner name, and review the exam carefully "whenever it becomes available".  

For more information on challenging the compentency of the examiner, "get wise": (Wise vs Shinseki)

https://veteranclaims.net/2022/02/03/fedcir-application-examiners-qualifications-exception-to-the-general-rule-identified-in-wise-v-shinseki-26-vet-app-517-2014-wise-exception-to-the-rule-requirin/

and see how to challenge the examiner competency:

https://cck-law.com/blog/how-to-challenge-va-cp-exam/

 

[pacmanx1]

I have played dumb in the past and have asked my examiners, why was I there and why did the VA schedule/make the exam/appointment. I have had really great C & P exams from the LHI examination team. My examiner's professional and certification was either listed on my initial contact to report or my DBQ where I could look up their certification, medical license, and address.