Faulty C & Ps
This situation has cropped here recently a few times.
A faulty C & P exam must be challenged right away and a new one should be requested.
The examiner's qualifications is the first thing to attack.
Please read this post:
http://www.hadit.com...f-lay-evidence/
Faulty C & P exams CAN be rebutted by the claimant successfully.
I have done that myself with medical evidence and common sense.
In one case, when my husband was alive, I witnessed something at the C & P exam that helped him get a new C & P exam right away.
A claimant must take immediate action.
And ask for the C & P exam copy as soon as it is prepared.
In my 2003 claim BVA ordered a Cardio opinion-I got a PA opinion.
I took action right away on that.
BVA threw the PA opinion out as it was too speculative.
A PA is not qualified to opine on the type of cardio claim I had.
BVA ordered a cardio doc opinion on remand.
The RO does not have the power to alter a BVA order.
But they are doing it more and more these days and I think maybe it is because enough claimants dont start to complain.
Faulty C & P Exams
Started by
Berta
, Mar 30 2012 04:45 AM
2 replies to this topic
#1
Berta
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Posted 30 March 2012 - 04:45 AM
#2
Pete53
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Posted 31 March 2012 - 02:38 PM
The VA will casually dismiss medical evidence and even qualified Medical Opinions until you can prove by your treatment records that one side of the VA is treating you for something the other side says that you don't have. This is a reason to seek and go to VA for treatment especially for Mental Disorders.
#3
SP4RVN1971
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Posted 01 April 2012 - 06:35 AM
My C&P for depression in south Forth Worth was strange.
The guy look at me with mean eye's and told me, only answer the question's, No more than that!
He corrected me 4-5 times, Only answer the question sir, and I said but sir! He stop me and said I don't want to here that with mean eye's!
So I look at him with my Vietnam eye's, CRAZY
!
C&P test was over!
The guy look at me with mean eye's and told me, only answer the question's, No more than that!
He corrected me 4-5 times, Only answer the question sir, and I said but sir! He stop me and said I don't want to here that with mean eye's!
So I look at him with my Vietnam eye's, CRAZY
!C&P test was over!
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