Question:
I had a C & P exam for hearing loss early in 2021. The doctor in question reviewed my military records regarding hearing tests conducted. He provided misinformation on these tests and made statements contrary to the actual results. His decision favored the VA. Is this doctor liable legally for any reason? If so, which type of lawyer would be suitable? Thank you.
Jim's Reply:
You want to sue the doctor for his/her opinion? I have doubts.
These health care professionals are credentialed by various organizations to offer opinions based on the evidence before them and the guidelines of their employer that they must follow. You'll have a steep uphill climb trying to sue a sub-contractor to the federal government.
What type of lawyer? Well, I doubt you'll have any takers for the traditional contingency fee based suit so you'll have to search around a bit and be prepared to pay the bill up front. If you have an extra 20 large in your pocket I could probably introduce you to someone who would file some papers for you but I fear the cost would just rise from there.
There's a better way.
When we have a C & P exam, we're always unhappy with the results unless the examiner agrees with everything we claim. It's a bit like traffic court, isn't it? When the officer says you were doing 83 in a 55 and you know darn well that isn't right...frustrating!
I write about C & P exams almost as much as any topic ever and nobody contacts me to tell me how happy they are with their professional, timely, courteous exam. The unhappiest of all are those who were denied their claim. I assume with the timing of your message you just got your denial letter.
There is a solution! We must formally appeal and claim that we disagree with the findings of the previous exam and thus the denial. You can use the phrase "inadequate exam" and describe why you believe that to be the case. You'll be reexamined and the points you make will be considered by the new examiner and the next rating activity.
And...if you want legal help. I have great news! While you can't sue that examiner, you can retain a veterans law attorney to manage your appeal and it won't cost you anything out of pocket. Click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html
Good luck sir.