Very upset about C&P notes

C

chronicLBP

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I just found the notes from my C&P exam for migraines and I am
very upset to say the least. 3c should say 1-2, and 4a&b should both say yes.

I told the examiner how extreme my migraines are…that I get at least 1-2 a WEEK, that they completely wipe me out for the entire day and the next day, at least, and all I can do to attempt to alleviate them is lie down on in a dark, quiet room, and attempt to cry myself to sleep to get rid of the pain. I frequently have to go the ER or urgent care to get medicine to make them lessen.

I was very thorough in my description both verbally and written on the C&P packet.

Why would the examiner do this?
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If you are found unfitting for migraines file a VARR. If you found fit for migraines, file an appeal of the VA ratings and ask for a FPEB
 
How do I file for an appeal and FPEB? From the picture of the notes, I was found fit for migraines, but the provider lied about the frequency and intensity.
 
You file an appeal of the VA rating via E-benefits. Talk to your PEBLO to ask for a formal. Use service provided attorney.
 
Call Msc also
 
Would you please tell me what all these acronyms mean? I am not familiar with them.

Also, I do not have a rating yet. I am still waiting on that.
 
chronicLBP said:
Would you please tell me what all these acronyms mean? I am not familiar with them.

Also, I do not have a rating yet. I am still waiting on that.
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Once you get your DA199 you can appeal and or file VARR (VA one time reconsideration of ratings) You appeal FPEB if conditions need to added, or injuries aren't combat related and should. The ratings are solely from the VA. So the VARR is needed if you agree that the condition is unfitting but rated incorrectly. MSC is = Military Service Coordinator. They are the VA rep and your PEBLO is the paper pusher. I always recommend talking to a private attorney. This process is complicated and in my opinion doesn't yield the best results when you go it alone.
 
Get your doctor who is currently treating you for migraines to fill out your DBQ accurately and then use that to submit a VARR.
 
When a VA examiner writes an inaccurate report during the IDES Process, your first step should be to complete a VA Form 21-4138 outlining the errors and providing medical evidence demonstrating why the examiner was incorrect- in your case, regarding the frequency and severity of your headaches. You would submit this document and supporting attachments as the VA D-RAS occasionally disregards an inaccurate C&P exam report when provided with solid evidence contradicting the examiner's findings. If this does not happen, then you can address the matter again on a VARR if found unfit for this condition. Otherwise, you will have to do so during your exit interview. Key point- do not wait for your results as you want to raise any inaccuracies now rather than appearing to do so later simply because you did not like your initial rating decision. If you do it effectively now, the errors may be corrected in your initial rating decision without needing to file a VARR if found unfit for this condition. However, if a VARR is necessary, you will have already laid the foundation for a solid case for granting your request.
 
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