Upcoming C&P exam

[capitan]

I was recently granted TDIU 100% P&T. Now I have a QTC C&P exam coming up. It is for 2 conditions which were not considered in the TDIU grant. Hypertension, and Hypothyroidism. Both are AO Presumptive. I'm SC for Hypothyroidism, but was only given 0%. The CFR says I should have got 30%. That looks like I could be getting backpay. Also that falls under Nehmer, which I think is why they are sending me to an exam. I had an exam for that in 2021, but they overlooked my symptoms on the DBQ. Also, Hypertension which I think is harder to win, and don't think I'm SC for that anyway. The Nehmer thing makes me think I could be getting backpay, which an attorney agrees. Anybody know?

[capitan]

It makes no difference how long ago it was. She acknowledged she filled the DBQ out. She clearly didn't record some of the entries accurately which resulted in a 0% rating, which should have been 30%. Unfortunately, transparency, accountability, courtesy and respect are foreign concepts to her.

[El Train]

2 hours ago, capitan said:

It makes no difference how long ago it was. She acknowledged she filled the DBQ out. She clearly didn't record some of the entries accurately which resulted in a 0% rating, which should have been 30%. Unfortunately, transparency, accountability, courtesy and respect are foreign concepts to her.

Try to get a copy of the DBQ she did on you.  Then you can see exactly what she filled out.  If you don't agree with it, then you can file a complaint with your nearest VARO.  I did this when I got a bad C&P exam.  It triggered several more C&P exams that we're done correctly. 

Now I will tell you this, I did piss off the C&P examiner that resulted in a bad DBQ.  Don't do that.  It won't go your way.

[capitan]

I had a copy of the DBQ at the exam. I knew exactly what she filled out. That must be why she wouldn't look at it. I don't want to trigger anymore C&P exams. You would think they would be required to put down the correct answers. What do they have to lose? They're probably getting paid either way.

[El Train]

Ya, I love the skip the question and check 'no' move. When I filed a complaint to the VARO about the skipped questions, the subsequent C&P examiners asked every question on the DBQ.  So they knew what I complained about.  One examiner even said, 'so it looks like a previous exam didn't go so well'.  I told him it probably had to do with me pissing her.  That was an ice breaker with the guy.  He was on my side after that.

[capitan]

The examiners should have more training and be required to be accurate and transparent. And be held accountable if they're not. It's the least of what Veteran's deserve. Maybe if we went in there with a lawyer, or a camera!

[Lemuel]

On 1/14/2023 at 9:38 AM, capitan said:

I was recently granted TDIU 100% P&T. Now I have a QTC C&P exam coming up. It is for 2 conditions which were not considered in the TDIU grant. Hypertension, and Hypothyroidism. Both are AO Presumptive. I'm SC for Hypothyroidism, but was only given 0%. The CFR says I should have got 30%. That looks like I could be getting backpay. Also that falls under Nehmer, which I think is why they are sending me to an exam. I had an exam for that in 2021, but they overlooked my symptoms on the DBQ. Also, Hypertension which I think is harder to win, and don't think I'm SC for that anyway. The Nehmer thing makes me think I could be getting backpay, which an attorney agrees. Anybody know?

The long hard road to discovering how it is.  The RO and DRO are required to limit the examinations apparently.  (from my experience)  The examiners are required to stick to the limited examinations.

The following is ignored and you need to state it in a brief to the BVA if your examination was inadequate:

"Once VA provides a VA examination, it is required to provide an adequate one,
regardless of whether it was legally obligated to provide an examination in the first place. Barr v. Nicholson, 21 Vet. App. 303 (2007)."  (from my BVA decision 05/11/2017)