C&P report in P&T - Permanent & Total Disability Forum

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C&P report

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TRAIDER1	C&P report		Lead	[-]
Posts: 70 Jul 5 12 8:59 AM	Tags : None hoping someone can tell me how hard it is to overcome a very negative C&P report? i have 2 docs disputing the report i had fro IU back in jan. is that enough/ Ther C&P doc was very antagonistic towards me
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byrddog		#1	[url]	[-]
Posts: 2630 Jul 5 12 3:36 PM	What condition is the disagreement over?
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TRAIDER1		#2	[url]	[-]
Posts: 70 Jul 5 12 6:56 PM	well i was granted 705 in dec011 for ptsd had C&P in Jan for IU-100% The C&P doc states her opinion that my C&P symptoms did not manifest themselves until my son was killed in an accident in 2004 which is a crock i was told its not the C&P examiners job to say when my symptoms manifested themselves only to give a opinion as to my being able to work or not this was a very hurtful C&P no one had ever used my sons death against me before
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TRAIDER1		#3	[url]	[-]
Posts: 70 Jul 5 12 6:57 PM	i meant to say 70% geez my eyes are going im also on SSDI 3 years now for hypertension and osteoarthirits
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byrddog		#4	[url]	[-]
Posts: 2630 Jul 5 12 7:07 PM	A C&P examiner is not likley to change there evaluation with only a month inbetween exams. I know mine did not when I filed for IU. Is PTSD your only service connected disability? And you are correct the C&P examiner is tasked with determining how bad the condition is. Her opinion was enough to get you granted 70% that is not insignificant. If PTSD is your only connected condition there is a pretty good leap to be awarded 100% alone.
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TRAIDER1		#5	[url]	[-]
Posts: 70 Jul 6 12 12:08 PM	It was a DRO who gave me 70% in a meeting with me and my Vet Rep it was another doc who did the C&P a month later My appeal hasnt been decided yet but i have now 2 doctors statements that do not agree with that C&P Probaly another year before i even get a decision
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TRAIDER1		#6	[url]	[-]
Posts: 70 Jul 6 12 12:10 PM	Yes PTSD is my only rating some doc at My VA outpatient added a claim for osteoarthritis also
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byrddog		#7	[url]	[-]
Posts: 2630 Jul 6 12 2:43 PM	A doc can't add a claim they can suggest that you file for one though. The veteran or there represenative are the only ones that may make a claim. It is not uncommon for doctors not to agree on a subjective diagnosis like PTSD. With PTSD your only service connected condition it will be a rough road for IU. There must be a service connected diasbility that prevents you from working. You will need a doctor to opine that due to your PTSD you are unable to perform in a occupational setting. Not limits, nor Severly limits. It must prevent you from any occupational setting. And if they were to say that IU would then be mute due to you meeting the 100% schedular PTSD rating due to your condition. I know you may not want to hear it but your really in a no win situation when it comes to VA disability at this point.
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TRAIDER1		#8	[url]	[-]
Posts: 70 Jul 6 12 4:43 PM	Well i have 2 docs who say im unemployable due to my ptsd symptoms sir Im grateful to be at 70% tho many vets never make it that far
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byrddog		#9	[url]	[-]
Posts: 2630 Jul 6 12 4:53 PM	Good Luck
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TRAIDER1		#10	[url]	[-]
Posts: 70 Jul 6 12 4:56 PM	Two questions sir First when doesd a vet call that 202 no and for what purpose/ second how do you get ebenfits explorer/ i never see that and i have premium account where u at sir? im in indiana and severe drought deal here and hot
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byrddog		#11	[url]	[-]
Posts: 2630 Jul 6 12 5:06 PM	The 202 number is claims managment office in DC. It is there responsability to assist veterans whose cases have been stalled for an extrodnary lenght of time. At this point 18 months or longer. Benifits explorer can be located on your personal page in the middle column. Im just south of Nashville and baking under the same stuff you have been experiencing. We did however get some storms yesterday the first rain we have had in two months.
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TRAIDER1		#12	[url]	[-]
Posts: 70 Jul 6 12 5:15 PM	Yeah this weather sucks hate to see my light bill next month We love Tenn-Gatlinburg area went there probaly 10 times before our son passed then we kinda lost our heart for it but may go in Oct well sir my appeal for Iu was filed in March011 but i only became eligible in this past Dec when i reached 70% so im probaly looking at another year at least as Indy ro is backed up Ive never seen that explorer site is that what it says and what does it show you ty
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TRAIDER1		#13	[url]	[-]
Posts: 70 Jul 7 12 4:32 PM	I was told by a guy who had been a C&P examiner that that doc who gave me the exam erred in that shes not supposed to say when my ptsd symptoms came on since i had already been given 70% she was only supposed to say if was able to work and function in society I told her i only feel safe at home i think we,re gonna ger some rain PTL
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USNDW		#14	[url]	[-]
Posts: 4378 Jul 8 12 3:11 PM	Unfortunately a C&P examiner can write whatever they want to in their report. Even if the VARO does not ask for a date of onset or service connection, they can add comments and notes that may not be helpful to the Veteran. I have had 1 examiner who made notes that ended getting me 2 conditions awarded that I never claimed. 1 out of 5 isn't a good ratio and the conditions were service connected but at 0%. You can write a letter to the VARO describing your disagreement with the examiners opinion and report. The VARO rater or DRO will determine whether your statement carries any validity. Would recommend you look at the history of your condition and the reports made by your treating examiners. Use those reports to describe the contradictions in your treatment history and the C&P examiners report. You have to be able to support your claim with medical records. Lay evidence is not generally used to consider a C&P report inaccurate. But if you can show where other examiners have agreed on your condition and the medical history shows your contentions then the DRO may very well give it weight. Just did this myself. Don't know what the result will be but when there are extensive medical records and reports from multiple examiners that supports the Veterans claim & contentions then the DRO or VARO personnel should apply the Benefit of the doubt in favor od the Veteran. I personally do not think the Benefit rule is even necessary when 98% of the medical records describe the condition and the 2% that is represented by examiners who have very little knowledge of the Veteran is against their claim, that should be a no brainer. Keep your letter short, to the point, list the date & examiners who saw or treated you and what their opinions are. Then compare that to the C&P report. Don't bash the examiner or write your letter in a way that makes it appear as if you are angry or think the VA is screwing you over. If your letter starts out in that way then the DRO is going to file it in the twilight zone. Keep it professional and brief. Good luck Has the other doctor you see actually read the C&P report and commented on the findings to the VARO DRO?
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TRAIDER1		#15	[url]	[-]
Posts: 70 Jul 8 12 6:53 PM	Yes sir my va doc has it on his pc screen and he does not agree with it also my private shrink does not either so my vet Rep says we have a fighting chance and thats all you can ask for i guess my dro who gave me the 70% increase for ptsd last Dec was the one who said she felt i qualified for IU she had read my C-file we were only in the mmeting maybe 30 minutes no tape recorder nothing My vet rep did most of the talking Now i knida wish i hadnt appealed the Iu its just too much hassle with Va ty for writing me
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TRAIDER1		#16	[url]	[-]
Posts: 70 Jul 9 12 10:11 AM	Im confused in that i was told a DRO decision can not be over turned but that the Va can and does reduce a disability rating
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USNDW		#17	[url]	[-]
Posts: 4378 Jul 9 12 11:41 PM	The DRO is usually who decides appeals. If you filed a NOD then the DRO would review the evidence and make a determination. 2 recommendations. Ask both examiners who agree you cannot work writea brief letter stating that fact and that it is because of your PTSD alone. Ask those same doctors to disagree with the C&P report from the crackhead. If your PTSD stressor has already been identified and your claim awarded before that C&P exam you can ask that it be given no weight or that the DRO find it inaccurate because it goes against your medical history. Put in a request for VR&E. If the Voc rehab counselors do an assessment on you and they find you cannot seek employment or education because of your PTSD, then they will give you a denial letter for those tracks and you can use that as evidence to go along with your medical records. If the VR&E schedule an appointment for testing and assessment, just make sure and take your doctors letters about your condition. Good luck
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TRAIDER1		#18	[url]	[-]
Posts: 70 Jul 10 12 1:47 PM	LOL crackhead lol yeah anyway its not gonna be a problem getting those letters My VA doc said its very hard to establish exactly when ptsd manifests itself My wife talked with him and said she thought its been there as long as have been married-40 years! so now its a matter of waiting I thought about writing the cheif medical officer too at indy RO i did talk to the head of the C&P dept there and told him i was upset she had used my sons death against me and had put me into a depression over that im comfortable at 70% but i know i cant work i can barely leave the friggin house Im on SSDI too so i have a decent income for an ole fart id just like to get my wife on Champa Thatsa nice car in the pic ty for advice
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TRAIDER1		#19	[url]	[-]
Posts: 70 Jul 26 12 10:10 AM	Well that has been done now VA doc sent RO email that he feels i cannot be in a work enviorment anymore and my private shrink filled out a DBQ with ptsd main stopping point to working. Dont know how much stock to put into this but my VET REP(whos office is at the RO) said they hadf a meeting this monday in which the head of the Dept said they expect to be caught up with appeals by end of this year. Ill beleive that when i see it.
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byrddog		#20	[url]	[-]
Posts: 2630 Jul 26 12 10:43 AM	I hear ya on the caught up. Hope this works out for you.
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