BVA–REMAND TO”READ THE C-FILE”


download (2)This is a proof-positive illustration why you and I, and indeed, everyone who enters this convoluted system is condemned to purgatory for years until someone tasked with making the decision actually cracks the books and reads the c-file. It borders on malfeasance. It also make one wonder why the VFW was AWOL on this.

 

REMAND

In its July 2011 remand, Board directed that the Veteran be afforded a VA examination, which was subsequently conducted in September 2011. The VA examiner opined that it is less likely than not that hepatitis C was incurred in or caused by in-service injury, event, or illness. The rationale was that a blood transfusion in 1976 (prior to service) was the Veteran’s only risk factor for hepatitis C.

In response to the Board’s remand directive to consider the Veteran’s in-service history of circumcision, vasectomy, and cyst excision, the VA examiner noted that the Veteran does not have any history of circumcision, vasectomy, or cyst excision. Service treatment records clearly show that the Veteran had a circumcision in November 1984; a cyst removed in 1989; and a vasectomy in 1999. As the September 2011 medical opinion is predicated on a grossly inaccurate medical history, the claim must be remanded.

And just to keep them on the reservation, the VLJ suggests:

The examiner must accept as fact that, after service the Veteran did not undergo any surgeries, did not have promiscuous sex, did not drink a lot, and did not get any tattoos.

And we wonder why it takes a lifetime to win these things.

 

About asknod

VA claims blogger
This entry was posted in BvA HCV decisions, HCV Risks (documented), Remanded claims, VA Medical Mysteries Explained and tagged , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

5 Responses to BVA–REMAND TO”READ THE C-FILE”

  1. Gary Rudewicz says:

    I was ” Examined ” by a lady of Asian decent that had a hard time asking or giving questions, due to her rather poor knowledge of the American language. I was there for Hep C geno type 1a stage 2 I’m now stage 4. She poked and proded me for several mins. while asking questions such as
    “can you lift a gal of milk” , can you touch your toes, etc. I asked her about my liver & Hep C she gave me a blank look & asked my height, weight, age etcetera. I asked her when Mental Health would be coming she smiled & decided to do this job (as a pysch) also? She asked a dozen or so questions said I was done & would receive a copy of my exam shortly. (never saw it). One more odd discussion, did she have any experience in G & I , and if so, asked for her opinion concerning my liver, scarring, adhesions, how long before a “New” cure would be available. I was told not to worry we all must pass & I would having my liver in the condition it was in ( this is an actual event from 2009). I went thru 2 Chemo.Treats in 5 years & I’m still here only now I’m stage 4 and still not ” normal “.

  2. Kiedove says:

    Link?

  3. doubleo1951@yahoo.com says:

    VA policies and practices,( as carried out, not necessarily as spelled out, ) place a serious wedge of animosity between Veterans and care providers. I know this to be true as this fact documents itself throughout the 43 years of injustice. From the MEPS station where it all started back in 1969 till today I have provided adequate evidence of VA’s obstruction of due process. They have run out of lies that they view as presentable, so now they other than responding with wrong dates, have gone silent . They are waiting for me to die or an opportunity to kill me for the wrong the US Government has dished out. I need a Hoveround so I can ride down on Washington for a peaceful, totally legal march on Washington

  4. SquidlyOne says:

    The BVA wall-papers their website with: “Only 11-12% of Veterans appeal to the Board”.

    Vicki Wrote: “forces us to pay money we don’t have for a legitimate independent medical opinion from board-certified physicians who are specialists in their respective fields to rebut these bogus C&P examinations”

    BINGO!

    The Veterans Service Organizations (who are chartered by Congress) parade their Dog and Pony shows down Mainstreet USA. Their leaders make a lavish income from who? VETERANS DUES! Yet they cannot provide a favorable IMO for a Veteran client. What the hay, they don’t even mention that you need one. DAV didn’t and I revoked my POA. I also let my VFW membership lapse as I don’t need their credit cards or insurance. These organizations make a ton of money off of Veterans. Like the ol’ Pirates code: “Take whatcha can and give nuthin’ back!”

  5. Vicki Foley says:

    Every C&P examiner knows that the foundation of the exam is a thorough review of the claims file. The VA tells the veteran that the rating decision only occurs after a thorough review of the claims file. This particular examiner clearly lied, there’s no getting around that because the information was clearly in the veteran’s claims file, and therefore he/she should be immediately disqualified from conducting future exams. Better yet, considering the examiner’s willingness to falsify information and his/her obvious disregard for the welfare of the patient, that individual needs to be sacked immediately. This is yet another example why many of us regard C&P examinations as the dog and pony show that sets up excuses to deny the claim, which then forces us to pay money we don’t have for a legitimate independent medical opinion from board-certified physicians who are specialists in their respective fields to rebut these bogus C&P examinations, after which time we wait over two years on average for the Board to review and then remand it back to the offending VAMC or contract examiner for a do-over, whenever they get around to it. This is the stuff that keeps claims open for 20 plus years, the back and forth ping-pong game between the Board that remands a claim and the RO that arranges a C&P exam that, for whatever reasons, blatantly mishandles or ignores the Board’s instructions.

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