Common C&P Exam Mistakes: VA Claims

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  • Опубликовано: 8 сен 2024

Комментарии • 105

  • @CCK_Law
    @CCK_Law  3 года назад +12

    Thanks for tuning in. Have you noticed any of these things happen during or after your C&P exam? Leave us your thoughts!

    • @chicago44tj
      @chicago44tj 3 года назад +2

      It would be extremely refreshing if you all could give this class to the CP examiners.

    • @earlcabbel5523
      @earlcabbel5523 3 года назад

      I see that you answered my question later in the video.

    • @herbertplummerjones4096
      @herbertplummerjones4096 3 года назад

      Great job. For a moment there, I thought Michelle DeTore was talking about me. I went to an exam in the midst of the coronavirus pandemic, and the examiner asked me did I have any flareups, and I had no idea what she was talking about. So, I just answered, no. After it was over, I did a Google search on flareups and learned that I had them occasionally, and when I did, they were debilitating.

  • @chino2037
    @chino2037 2 года назад +3

    Had my examiner for PTSD increase/ TDIU. She took her time and expressed her concern actually calling my psychiatrist to tell her she was seriously concerned about my mental state. I was honest with her and didn’t hold anything back. With C&P exams you have to be totally honest and give them a picture of what your life is like on a daily basis due to your service connected disability. The more honest and thorough you are about your physical and mental state, the better chance of the correct rating being given.

  • @brianharrington6276
    @brianharrington6276 3 года назад +2

    even bring your meds in relation to your claim if you have any

  • @CLewey44
    @CLewey44 2 года назад +4

    I never understood how one examination can be the measurement in which a person's life is impacted by certain ailments. My back hurts horribly some days, mildly others and even no pain sometimes. Same with rhinitis, those sufferers don't have 24/7 symptoms and if the day they tell you to go to the C&P exam you have no symptoms, how does that one snapshot/window accurately indicated the person's overall life. I'd say if it's something you've never been to a doctor/chiro about then it may be a good thing to do the exam but if you have stacks and stacks of medical records, why don't they just go off of that?

    • @makaiokalahama
      @makaiokalahama 10 месяцев назад

      💯💯💯💯💯💯💯💯💯

  • @lg7728
    @lg7728 2 года назад

    I learned in 2009 that I should have brought key medical evidence to my C&P exam. Since then I have taken a copy of my sleep study, CAT Scan, and other pertinent info.

  • @eli-jr2148
    @eli-jr2148 3 года назад +5

    I have a C/P next month LHi for PTSD I've already uploaded diagnoses lay wife statement nexus statement from my doctor personal statement an my wife is also coming with me to the Exam

  • @manny88navy26
    @manny88navy26 3 года назад +1

    Thanks so much CCK’s Angels in action. Great info. We are only as sharp as our training.

    • @Tmxnet
      @Tmxnet 3 года назад

      seems you didnt reveive your october grants

  • @lg7728
    @lg7728 2 года назад +1

    Outstanding video, three all-stars!

    • @CCK_Law
      @CCK_Law  2 года назад +1

      Thank you so much for tuning in!

  • @bkmarine1
    @bkmarine1 2 года назад

    I just came out of my migraine direct connection and lower back increase C&P exam and I feel that the exam was bad. The examiner seemed nice attitude wise but didn't ask me about how the headaches affect my job or my social activities. He was quiet most of the time while wearing airpods reading off of his laptop saying there's a lot of paperwork, not even typing (from what I could see) and didn't write much even on his notepad even though I told him about the frequency, the work impact to me, how I deal with them, and the social impact. I don't believe he went through the DBQ. He asked if the VA has my records, and I said yes they have what they can get from VA visits and from my private doctor. Apparently this was good enough for him not to take notes. Then out of nowhere he gets up and he says to me, "yeah I'll make sure that I get you service connected for your migraines". To me I'm like so is he just going to make stuff up because it's not up to him it's up to the VA going off of what he says? I asked him do you need any more information because there was more I felt I needed/wanted to tell him and he said no I have everything I need for your back and headaches. I'm currently at 91% disabled but this bad C&P exam could cost me a 100% rating which I feel I deserve. Should I report this or wait to see what VA's decision is before having to go through the appeal process?

  • @lg7728
    @lg7728 2 года назад

    Outstanding video! I don't think I viewed this video before but I will post it to my Facebook page of 7.2K veterans and spouses. Thanks!

    • @CCK_Law
      @CCK_Law  2 года назад

      Thank you so much! We greatly appreciate it

  • @marcusyelton9027
    @marcusyelton9027 3 года назад +1

    it is my impression that when a C&P examiner does not support the Vet's PTSD diagnosis then the VA is required to send the report back to the examiner to clarify why the examiner found the Vet not to have PTSD. Moreover, if the courts have ruled the VA is not responsible for the competency of the C&P examiner then wouldn't the reverse be true since it is the company that hires the examiner to assures the examiners' credentials So, once the Vet claims the examiner is unqualified the burden to shifts to the contracting company, not the VA.

  • @RayPllama
    @RayPllama 3 года назад +1

    I'm going for a lower leg C&P exam where the same condition is being scrutinized for the 3rd time in 2 months. I would think the 'benefit of the doubt' doctrine would be applied in the Veteran's favor on the 3rd try.

    • @combatdouglas1306
      @combatdouglas1306 3 года назад

      Could be they are following an issue medically, example edema of a chronic nature, kidney, liver issues. Watch your blood counts. Ask. Ask. Ask. Be proactive. It is your claim.

  • @keithkillam4678
    @keithkillam4678 3 года назад +1

    I just watched this VDO and another one on "Challenging a C&P exam." I have a few Qx I need to ask about this process, procedures and limitations.
    1. Is there a "Statute of Limitations" or time limit imposed by Title 38 CFR of how long I have to lay a claim or complaint against a negative outcome of a C&P which would have established the nexus for a service connection for which I am petitioning?
    2. Would the text of the C&P exam be found in my medical records (HealthEVet; Blue Button) or would they need to be recovered from the VBA files at my local VRO?
    3. Given they ARE held in VBA, how would I access them?
    4. The evidence I would (and have done to DAV in the original claim) enter is from the technical documents(component listings of the fuels and the MSDS {Materials Safety Data Sheet} for each) which in MY claim, show a direct causal relationship with my Dx of malignant bladder tumors and the Chemical materiel in the fuels (Jet Fuel, JP-4 and AVGAS 115-145 {leaded} aviation gasoline and the chemicals therein) and Other chemicals endemic to that particular workplace(s) I worked with for nine years in USAF as a Fuel Specialist.The Qx behind the assertion I just made is a.) where are those documents stored (if so) and if so, where. b.) Given they Are in VBA Custody can I request/retrieve them and c.) How?
    Plz reply this page and to keithkillam932@gmail.com. TY for your early assistance.

  • @MaxBright4
    @MaxBright4 3 года назад +2

    QUESTION: Is it possible to "cure" a 2001 error in a DSM rating in which "exaggerated startle response" was not included?

  • @tonyforrest1095
    @tonyforrest1095 3 года назад

    I have a couple of questions.
    1) Is it advisable for the veteran to take a copy of his records, statements and files to the appointment with them to ensure the examiner has reviewed all the necessary information.?
    2) Is it OK to bring notes of things you want to remember such as events, stressor, symptoms, etc. Memory issues is a common symptom and people tend to get nervous anyway at these. Or would that give the impression of preparing too much and reinforce an opinion of malingering?

    • @CCK_Law
      @CCK_Law  3 года назад +1

      Thank you for the questions! You may find our blog helpful in answering : cck-law.com/blog/the-dos-and-donts-of-cp-examinations/

  • @MomoWeezy
    @MomoWeezy 3 года назад +3

    The Dr who examined me stated she received 3,400 pages of VA medical records and she had 30mins to get through over 10 claims. Wanted to know if I brought supporting evidence for me requesting VA compensation...🙄

    • @Tmxnet
      @Tmxnet 3 года назад +1

      seems you didnt reveive your october grants

  • @donahue478
    @donahue478 2 года назад

    I had two C&P examines for shoulder,sciatica pain in both legs Feb 2021 by LHI but it's Dec 2021 and the VA refuses to release examiners notes. They reexamine me Aug 2021 for shoulder.They scheduled to have LHI reexamine me for sciatica pain.I had my 3rd back surgery for sciatica Feb 2021.My military records show I went to hospital for back pain 4 times while in active duty.The reexamination of my right shoulder went bad I feel but VA won't release records.The is using the illegal tactic"develop to deny" .And there's nothing I can do.I'm still seeing my neurologist as of Dec 2021.

  • @keithkillam4678
    @keithkillam4678 3 года назад

    What is the statute of limitations in challenging a "Bad C&P" exam?
    How does one appeal it in light of the new litigation settlement of Nehmer v Veterans Administration, 2021in which Agent Orange was added to the presumptive diagnosis list?
    Plz refer to mine of 5 Months ago to which was never replied. TY

  • @leonardtafoya5243
    @leonardtafoya5243 2 года назад

    Have a great evening ladies

  • @antonioreyes2692
    @antonioreyes2692 3 года назад

    Also, the C&P’s that I had via ACE Review for my OSA claim have been negative and these types of exams shouldn’t be allowed due to the DBQ question in reference to, does the veteran’s sleep apnea impact his or her ability to work?
    This question alone should require an in person exam instead of a generic yes or no answer.
    In my case, it would be a “yes” due to day time sleepiness that affects job performance without CPAP use.
    In closing, the common problem that the VBA loves to do. The VBA falls short when requesting C&P exams for the examiners just provide their opinion and purposely fail to inform with exam request for the examiners to provide ALL possible etiologies for service connection…

  • @dmshar5
    @dmshar5 3 года назад +2

    Do you charge veterans for representing them, if so how are fees structured? Thanks.

  • @iamblacksheep1
    @iamblacksheep1 3 года назад

    Awesome work! Thank you

  • @blessing6370
    @blessing6370 Год назад

    Should you bring up legal issues you are currently dealing with that you believe is a effect caused by your service related ptsd?

  • @allennoble9261
    @allennoble9261 3 года назад +1

    I had a CMP in January credibly then received a letter from the veterans that I have been rated at 100% only received a one-month retro pay according to my effective date for my Appeals 2011 I wonder what happened there is the appeal was for a increase in benefits

  • @chicago44tj
    @chicago44tj 3 года назад +6

    The examiners that I've encountered were pleasant, however, they give the emotional impression that you are crooked.

    • @Tmxnet
      @Tmxnet 3 года назад

      seems you didnt reveive your october grants

  • @kinzieconrad105
    @kinzieconrad105 3 года назад +3

    What about when service records where destroyed.

    • @willieanderson839
      @willieanderson839 3 года назад

      I understand your issue when I was in basic I was hospitalized for 2 weeks mysteriously they can't find those records, this was in 1982

  • @timmyjones1921
    @timmyjones1921 3 года назад +1

    In San Diego California VA Comp & Pension Mission Valley Center Had a RN Dr. Assistant doing the VA C&P Exams For Spinal & Cervical injuries and Arthritis . How Is This Legal When The RN Is Not A Board Certified Doctor ??

    • @brianharrington6276
      @brianharrington6276 3 года назад

      the exaiminer is only to verify the claim through veraious test it is important to bring the non va medical report either from you medical records military or out side military if the exam was conducted out side the military hospital while in the service they just want to verify the claim not treating the claim...

    • @carolyncarter2615
      @carolyncarter2615 2 года назад

      I have a C&P for a low back injury during tech school later this month (Nov. 2021) through QTC. The examiner will be a Nurse Practitioner. I'm concerned about this as well. 😟

  • @NJGirl321
    @NJGirl321 Год назад

    During C&P exam I had a back condition flare up to the point the examer stated I was in too much pain to complete it and we stopped before the gait exam now?

  • @guadalupecmartinez6893
    @guadalupecmartinez6893 3 года назад +2

    I have sleep apnea which I have had it for twenty five years. Although it's hard to proof it was service connected. I just got rejected reasonly. Do I appeal it?

  • @NeoSoulCrew
    @NeoSoulCrew 2 года назад

    Should you bring talking points to c&p exam? My memory isn't the best I'm afraid of not bringing up something

  • @briangreene4277
    @briangreene4277 2 года назад

    Good job - your videos are great. I am going to my c& p ptsd exam this Monday - increase 50% to 70%. if i get denied (hope not), will my rating remain at 50%?

  • @kknLady
    @kknLady 3 года назад +1

    Can we ask for a copy after the examine? If not, when? Thanks

    • @CCK_Law
      @CCK_Law  3 года назад

      Generally speaking, the VA examiner will not give you a copy of your results at the conclusion of the C&P exam. Instead, they will give the exam results to VA adjudicators who will then decide your claim. However, you are entitled to request a copy of your C&P exam and it is highly encouraged to do so. To get a copy of the final report from your exam, you can:
      Contact your local VA regional office;
      Call VA at 800-827-1000 and request an appointment to view your file; or
      Have your representative request a copy on your behalf

  • @barrylitchfield250
    @barrylitchfield250 3 года назад

    The doctor that the VA sent me to for my C&P exam did couple of chest X-rays, and an EKG. I have 60% for Ischemic heart disease, 30% for hearing loss, and 10% for Tinnitus, 80% total with VA math. My C&P exam was for a TDIU claim. The C&P doctor mailed me a letter telling me about the results of the X-rays, and the EKG. He listed problems with my heart and lungs that had never been diagnosed before by the VA or my private cardiologist or primary care physician. He told me to go see my primary care physician for treatment on these conditions. My appointment is day after tomorrow. I don't even know what the diagnosis means at this point.
    Is it uncommon for a doctor doing a C&P exam to tell a veteran that they found additional health issues, beyond the exam for the reported conditions?

    • @combatdouglas1306
      @combatdouglas1306 3 года назад

      Yes

    • @combatdouglas1306
      @combatdouglas1306 3 года назад

      You have 70% based upon what you listed.

    • @barrylitchfield250
      @barrylitchfield250 3 года назад

      @@combatdouglas1306- I guess my memory is even worse than I thought. I went back and looked at the VA letter they overturned their earlier denial of benefits. My hearing loss is rated at 30%, and 10% for Tinnitus, and 60% for Ischemic heart disease. Thanks for your replies.
      Barry

    • @combatdouglas1306
      @combatdouglas1306 3 года назад

      74.8%.
      Rounded to 75 rounded to 80. Good to know. Thank you. Be certain you are getting paid at 80. And you just got a 1.3% ^. You need another 30 to take you to 90. Not hard at all. Give me a #. I'll lead you through the mountains.

    • @barrylitchfield250
      @barrylitchfield250 3 года назад

      @@combatdouglas1306- I'm waiting on the VA to make their decision on my TDIU claim. Should be hearing something this month.

  • @cal8472
    @cal8472 2 года назад

    I’ve filed a claim with nexus letter and they still wanted a C&P exam?

  • @spanishbroncoify
    @spanishbroncoify Год назад

    can you shed some light on my recent scenario/experience with VA? I have 2 different service connected bone breaks on 2 separate occasions (1 bone is a fractured scapula and the other bone is a fractured clavicle). I am already getting 20% for fractured clavicle and recently filed a new claim for fractured scapula. It appears they are trying to combine the two into one injury. For example, the status on their website -they are marking my NEW claim as an "increase". I called the VA customer service number and they guy said they consider the scapula and clavicle the same bone---that is crazy! The clavicle is the collar bone on your front side near adams apple and the scapula is the shoulder blade bone on your backside. both have 2 different symptoms. Please explain this logic. Thank you

  • @boltonpd0719
    @boltonpd0719 3 года назад +2

    Is it ok to bring notes to an exam, so not to forget something?

    • @CCK_Law
      @CCK_Law  3 года назад

      We have some tips on C&P exams that may be helpful to you : cck-law.com/blog/the-dos-and-donts-of-cp-examinations/

    • @TEXASBLADE2006
      @TEXASBLADE2006 3 года назад

      Use your cell phone to record the entire exam

    • @ashleycbla
      @ashleycbla 3 года назад

      Yes

  • @brianharrington6276
    @brianharrington6276 3 года назад

    bring in outside medical evidence and give a copy to the c&p examiner

  • @willjohnson846
    @willjohnson846 3 года назад +1

    Is there a way to establish service connection for my Service Treatment Records without a C&P Exam

    • @willjohnson846
      @willjohnson846 3 года назад +1

      Disabilities ought not be service-connected. Service Treatment Records ought to be service connected.

    • @willjohnson846
      @willjohnson846 3 года назад +1

      Disabilities receive ratings for compensation and for this reason disabilities ought not be service-connected thus the reason to service-connect service Treatment Records.

    • @willjohnson846
      @willjohnson846 3 года назад +1

      How do I challenge a C&P Exam without an appeal?

    • @willjohnson846
      @willjohnson846 3 года назад

      What methods exist to complain about existing process errors in the claims process without an appeal?

  • @desireeg2106
    @desireeg2106 2 года назад

    How do you get a copy of the C&P exam? Do you get it from the QTC or VA benefits

    • @CCK_Law
      @CCK_Law  2 года назад

      This blog might be able to answer your question! cck-law.com/blog/how-get-copy-va-c-p-exam/

  • @sgtJOOSEcapeS
    @sgtJOOSEcapeS 2 года назад

    If the examiner is having a bad day then your paperwork will reflect negative impact and that's why you fight

  • @thomasstarks8357
    @thomasstarks8357 3 года назад

    Can you appeal what they said" to V.A board

  • @earlcabbel5523
    @earlcabbel5523 3 года назад

    Question: If you have chronic pain (pain every day but at different levels e.g. 5 to 5.5 to at times 7 to 8 etc) and the Examiner ask about flare-ups - Do you mention that there is pain every day but the levels of pain changes based on whatever the situation maybe?

  • @leonardtafoya5243
    @leonardtafoya5243 2 года назад

    I couldent believe how I was being treated I figured human beings were nice when I went in but they silentsed me UN till I retired at age 63 years old because of their actions for the 2 years I was in the Army

  • @leonardtafoya5243
    @leonardtafoya5243 2 года назад

    I dident kno if I could trust any one and I didntnt kno how to tell the truest to some one I couldent trust

  • @susanmedina709
    @susanmedina709 3 года назад

    What are 100 percent disabled veteran wife is eligible for and she gets disability for mental health reasons.

  • @williamwoods8807
    @williamwoods8807 2 года назад

    Can you record the exam

  • @leonardtafoya5243
    @leonardtafoya5243 2 года назад

    I ran in to a lot of prejudices for 2 years that I was in i had bin fired from various jobs in the Army I was regular Army I joined on my own free will just to be put down walked on I was doing my job but the lifers seen that I was. Brown skinned and the color of my skin i was put in 5 or 6 different jobs with in my two years there 52 MP company Ft Sam Houston. A notthet point there was a beer machine in the break room beer was 50 cent a can & when I got out. I was a drunk when I got out it all ruined me when I got out

  • @miked184
    @miked184 3 года назад +1

    Can you record the exam?

    • @Tmxnet
      @Tmxnet 3 года назад

      seems you didnt reveive your october grants

    • @miked184
      @miked184 3 года назад +2

      I don't follow, October grants?

    • @combatdouglas1306
      @combatdouglas1306 3 года назад +1

      Tom does not know.😷

    • @combatdouglas1306
      @combatdouglas1306 3 года назад +2

      I would try. Or take a friend. Or write it down then or right after it took place and swear to it.
      Get the report. If different from your writngs, take issue. Ask for a correction. Write the OIG. Ask for a new C&P.
      Do that a couple of times and they won't fuck with you anymore.

    • @miked184
      @miked184 3 года назад

      @@combatdouglas1306 awesome thanks.

  • @jessiepeoples9132
    @jessiepeoples9132 3 года назад +2

    Can someone help me with my VA claim.

    • @CCK_Law
      @CCK_Law  3 года назад +1

      Hello Mr. Peoples, if you would like to contact our office to determine if we are able to assist please reach out at (844) 567-1185. Thank you!

    • @combatdouglas1306
      @combatdouglas1306 3 года назад

      Give me a phone #. I'll talk you through it. You got this my brother. Semper Fi.

    • @jessiepeoples9132
      @jessiepeoples9132 3 года назад

      @@CCK_Law now I got my skin on my face tested I get 10%. I think I've been getting it for about maybe a year and a half.

    • @combatdouglas1306
      @combatdouglas1306 3 года назад

      You can turn it all into a 100, just keep plodding on.

    • @douglasbrady6886
      @douglasbrady6886 3 года назад

      @@CCK_Lawi had very biased mental health examination. I am VES examiner and Psychologist and the Child Psychologist who completed my exam already had his opinion decided. I am 75 years old. I am getting a private IMO and DBQ to appeal.

  • @samuelstreeter4266
    @samuelstreeter4266 3 года назад

    Yes, this is easy. I sense disappointed , hangover falling back on sex and race. Too young to understand what a seasoned vet experiences at home Today.

  • @leonardtafoya5243
    @leonardtafoya5243 2 года назад

    I understand what a woman goes thru

  • @patcallahan7641
    @patcallahan7641 3 года назад +1

    Never asked how it has affected my life

    • @turdferguson1567
      @turdferguson1567 3 года назад +1

      Same with me,in 10 years never once was asked how my conditions affects my life

    • @rbatessssss
      @rbatessssss 3 года назад +3

      I always introduce that into the conversation, a matter of fact multiple times because it is a crucial part of the equation. Disability severity and impact on Occupational and Social functioning is the very essence and reason for compensation. You have to take a Proactive approach at a C&P Exam ensuring you dot all the I’s and cross all the T’s before you leave so that it all can be apart of the record.

  • @leonardtafoya5243
    @leonardtafoya5243 2 года назад

    A person doesent kno what to say when he is being asked like PTSD

  • @rabidsquirrelgarage745
    @rabidsquirrelgarage745 3 года назад

    The lady with the mirror behind her needs a better mic. I can't understand her very well.

  • @bobbynicholssr2113
    @bobbynicholssr2113 3 года назад

    Pm