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C & P Exam Report Error


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8 replies to this topic

#1 hazegrayunderway

 
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Posted 12 January 2012 - 01:43 PM

I had my C & P exam last month and had requested a copy of the examination report 2 weeks after and found and error on the Physicians note. Can I submit a 21-4138 and inform the VA of the error that I found before they render a decision? Please advise. Thanks.

#2 carlie

 
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Posted 12 January 2012 - 09:13 PM

I had my C & P exam last month and had requested a copy of the examination report 2 weeks after and found and error on the Physicians note. Can I submit a 21-4138 and inform the VA of the error that I found before they render a decision? Please advise. Thanks.


What EXACTLY, do you feel is in error on the C&P examination ?

#3 hazegrayunderway

 
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Posted 12 January 2012 - 09:51 PM

Carlie,

I had a c & p exam for a secondary condition and the physician ask me when did the symptom start and I replied about a year or two after I was diagnosed with primary medical condition which was 1994. however, I read what the physician wrote on the exam and she noted that I had those secondary symptoms about 1 to 2 years ago. The raters might use this against me and end up denying my claim. I would like to know if I should let the VA know on 21-4138 before a decision is rendered. What's your take on this?

#4 Pete53

 
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Posted 13 January 2012 - 04:09 PM

About the only way to get a Docs opinion changed is to get the Doc to do it. Just notifying VA is not going to do anything. You should request a correction of the record. Highlight the error and write down what you said. Deal with the C&P Department at your hospital or ifg it is a contractor call them and ask how to fix. Deal directly don't take anything for granted you would be amazed at how much evidence the VA sits on and does nothing with it.

#5 hazegrayunderway

 
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Posted 13 January 2012 - 05:34 PM

Pete53, thank you for the advice.

#6 carlie

 
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Posted 13 January 2012 - 07:54 PM

Carlie,

I had a c & p exam for a secondary condition and the physician ask me when did the symptom start and I replied about a year or two after I was diagnosed with primary medical condition which was 1994. however, I read what the physician wrote on the exam and she noted that I had those secondary symptoms about 1 to 2 years ago. The raters might use this against me and end up denying my claim. I would like to know if I should let the VA know on 21-4138 before a decision is rendered. What's your take on this?


I don't see any problem for you with this.
As long as the examiner states that the secondary condition is a result of a SC'd condition - I see no problem.
What am I missing out on understanding ?

#7 hazegrayunderway

 
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Posted 13 January 2012 - 11:07 PM

Carlie, I started having the secondary symptoms 1 or 2 years after I was diagnosed with my primary medical condition which was 1994; however the physician noted one or two years ago which is incorrect.

#8 carlie

 
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Posted 13 January 2012 - 11:21 PM

Carlie,

I had a c & p exam for a secondary condition and the physician ask me when did the symptom start and I replied about a year or two after I was diagnosed with primary medical condition which was 1994.
however, I read what the physician wrote on the exam and
she noted that I had those secondary symptoms about 1 to 2 years ago.
The raters might use this against me and end up denying my claim.
I would like to know if I should let the VA know on 21-4138 before a decision is rendered. What's your take on this?


haze,

I'm still not understanding how you feel the "raters might use this against me and end up denying my claim".

You were granted SC for primary condition of ________with an effective date of __/__/____.
You filed a claim for a secondary condition of _________ on what date __/__/_____.
You had a C&P on __/__/____.
C&P examiner states the secondary condition is a result of the already (Primary) SC'd condition of ______.
As long as the nexus clearly show the issue is a result of a SC'd disability, I still don't see the problem
and a reason for a denial. ? ? ?

#9 john999

 
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Posted 14 January 2012 - 11:46 AM

The effective date for your secondary conditions won't be affected since it depends on when you file the claim for secondary condition. I think you are OK as Carlie says. You probably should have filed 20 years ago for the secondary condition because that would affect your effective date.