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Faulty C & P Exams
Posted 30 March 2012 - 04:45 AM
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:
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.
Posted 31 March 2012 - 02:38 PM
Posted 01 April 2012 - 06:35 AM
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!