Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Why another C&P?

Rate this question


spirit_grt

Question

Filed appeal 12/2019 using lawyer.  Finally in front of  judge 07/2023.  Remanded to RO to do a C&P(was requested when filed appeal but denied by VA) .  C&P done by VES Sept 2023 and mid-Sept 2023 went to decision phase.  Assigned to St Petersburg RO from National Work Queue early last week.  On 12th a request was put in by whoever has the case for ANOTHER C&P.  This time with QTC.  Why would another C&P be need so soon after last one?  Fishing for someone to disagree with doctors who have been treating me since 2010 and the doc from last C&P so they can deny?  What reason would they have?   DBQ was well put together, all questions answered with good detail.  

This is probably more venting than anything because no one can read they mind,  but I  would like some opinions/experiences on why they would make me do another so soon.

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0
  • Moderator

instead of focusing so much on the DBQ you need to have your lawyer look at the exam request itself because within that is the question or questions that are being asked by the rater, which would then be the driver for the new C&P exam. The DBQ‘s may look to be complete, but I see DBQ‘s sometimes that are full of all kinds of things written down as rationale, or citations for medical documents or reports or studies, and other things, but none of it actually addresses what was asked.

Kind of like those term papers you write in college every now and then after you’ve had a bad weekend and there’s something due on Monday.  You throw literally everything you can add to it and hope that the instructor gets lost in the details without seeing the whole picture, and the simplicity of what was actually being asked.

I see this a lot with the swampy type of lawyer firms that basically upfront promise to increase your rating by X etc., etc. and then the documentation that they provide to the ratings people is full of all sorts of legalese and half theories and generally rubberstamp opinions from examiners that they have agreements with or relationships with, but none of it necessarily matches up completely with your service treatment records or your personnel records. The opinions being made are not supported with a decent rationale or citation of the medical records as to why that opinion is being made by the examiner, it just sort of comes out of nowhere.

Link to comment
Share on other sites

  • 0

Lawyer says they are claiming the last DBQ did not state enough "evidence".  Plenty was stated, so not sure what else they think they need.  Lawyer did get my appointment changed from in person with a doc with seriously bad reviews to a much better (for me) video appointment with a doc who has much better reviews.  I don't know yet what his plans are but he is trying to get the request dropped or at least limited in scope.  (thru VA)  Considering his over 10 years experience and (according to his website) over $100,000,000 won for vets, I guess he has the experience to know what he is doing.  Whatever happens, I will push thru the next DBQ.  If I have to go back to the judge, so be it.  There are days I want to quit and block it out of my mind.  Guess this old corpsman just doesn't know how to quit, or lose without a fight.

Link to comment
Share on other sites

  • 0
  • Moderator

Unfortunately, by law, a rater determines what is “enough” or “adequate” or “complete”. Partly why I’m not a rater; 1. I don’t want the drama, 2. I’m better at finding the bread crumbs as a researcher. I’d rather help build as strong a case as I can by mining “your” records- you’d be surprised what’s in there, however subtle, that I can usually add to your already submitted evidence that was overlooked or deemed inconsequential by someone. 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use