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Now there are 4 opinions/DBQs

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spirit_grt

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spirit_grt Enthusiast

spirit_grt

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Doctors treating me for years say PTSD, MDD, GAD and Social Phobia.  Filed DBQ saying such.  Primary, PTSD.

1st C&P, all was confirmed, PTSD as primary, doctor put at 100%.

2nd C&P, talked to me for 10 mins, filed DBQ saying nothing wrong with me.  VA rejected saying basically,  bullshit.

3rd C&P, done by just review of records./files, DBQ says MDD.  

My question, and I know it will just be opinions, how do you think it will be ruled?  Granted, benefit of doubt "should" go to me, but how often does it?  Will they grant, or punt and I have to go back to judge?  How often, in this situation, do you think they grant without having to appeal again?

Yeah, I'm just burning off anxiety by asking, but I'm hoping someone might have a solid opinion.  

Thanks to all.

Gene

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spirit_grt Enthusiast

spirit_grt

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Here we go again.  The "God" in St Petersburg has reviewed the last C&P opinion, just a file review and dbq filed, and has decided "previous exams and opinions are inadequate and cannot be relied upon".  Guess they know more than all the doctors.  Anyway, they want another C&P, with more Indepth questioning, and must be in person.  Forget the fact I am raising a grandson who has "issues" so have to be available if problems, forget the fact I am on Homebound pay for a reason, forget  the fact I am on Home Based Primary Care for a reason, forget the fact I have Social Phobia, forget the fact all my VA appointments since before Covid have been by video, lets insist on him doing something he can not do.

I shall stop here for now before the old sailor in me uses some very choice words.
 

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Rattler Mentor

Rattler

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Ok, take a breath.

What are you currently rated at and when?

We need to know what percentages the VA has rated you at and when.

Without that, I can't answer your questions.

The records review is usually done after they have done a C & P Exam and have an unanswered question.

 

 

 

 

 

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spirit_grt

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3 minutes ago, Rattler said:

Ok, take a breath.

What are you currently rated at and when?

We need to know what percentages the VA has rated you at and when.

Without that, I can't answer your questions.

The records review is usually done after they have done a C & P Exam and have an unanswered question.

 

 

 

 

 

I am not rated yet.  Filed my appeal back in 2019.  Was remanded back July 2023 for C&P.  Lawyer had requested one be done when appeal was filed but it was denied.  Judge said error, remand, do it.  Had C&P done Sept 2023.  Very Indepth dbq filed by doctor after 90 min video c&p.  Not enough.  Second c&p he could not hear me and shut it down after 10 mins and marked me as a no-show.  3rd c&p lasted about 10 mins and she filed dbq that said nothing wrong with me.  4 c&p was done as a records review and dbq was filed that said just depression.   The one reviewing file at St Petersburg has decided it is all inadequate and cannot be relied upon-including the dbq the va doctors who been treating me for over 10 years filed.   

I'm mostly just venting frustration.  I have a good lawyer.  Him/his team are always fast to answer me, so I hate to waste their time with responding to my frustrations.  Guess I figured all of you would understand the need to vent.  I just don't understand what the hell this person still needs.  My va docs detailed it all, the first c&p doc detailed it all, what more is wanted I have yet to figure out.  Just tired of the bull.

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Ok, my count is 2 docs to 1 1/2 docs you win!!!! 

It's ok to vent. You will probably have to get an Independent Medical Opinion & DBQ. I will PM you.

The fact is the VA cannot get an exam to deny your claim.

"-VA cannot "develop to deny" a claim. Since I have already submitted a complete package of private evidence, any further development with C&Ps would violate VA policy: "Decision makers may not arbitrarily or capriciously refuse to assign weight to a claimant's evidence or develop with the purpose of obtaining evidence to justify a denial of the claim" (M21-1 Vii..3.B.1.a). This prohibition was emphasized in a law review article published by the BVA: "additional evidence should not be procured for the sole purpose of denying the veteran's claim" (1 Veterans L Rev. 94 (2009)). Even CAVC has strongly affirmed this policy: "Because it would not be permissible for VA to undertake such additional development if a purpose was to obtain evidence against an appellant's case, VA must provide an adequate statement of reasons or bases for its decision to pursue further development where such development reasonably could be construed as obtaining additional evidence for that purpose" (Mariano v Frincipi, 17 Vet. App. 312 (2003))."
 

Use a current form instead of the ones in use in the attached. You will need you to edit it (Copy and past it info into a current form.) 

 

 

 

Challenge to C & P examiner competency.pdf

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