C&P Psychologist

VA C&P psychologist Robert Bateen, PhD has been barred from providing TBI evaluations forever, unless he receives additional training, due to his own ethics violations by the Board of Psychologists in the State of Montana. Now, Bateen can no longer provide TBI assessments in Montana. He agreed to recant his C&P opinion from 2011 and to write VA to withdraw the opinion he wrote and to request that VA provide Charles Gatlin with a proper evaluation.

Bateen improperly utilized RBANS as a screening tool for TBI for a veteran who previously received 3 DOD neuropsychological examinations confirming not only the residual impact of his TBI but also that the residuals would not improve. At that time, he was awarded a 70% rating. Bateen performed his illegal screening of Gatlin, and VA used it to justify only a 10% rating despite no concrete signs of improvement based on an inappropriate evaluation tool.

In 2011, Bateen used RBANS and opined that Bateen no longer suffered from the same level of residuals – meaning that he miraculously improved – which was in fact not accurate even according to the results Bateen misinterpreted.

The Board concluded that Bateen was not trained properly to utilize RBANS despite VA’s own certification of him to conduct exams. It also concluded RBANS was inappropriate to use for that purpose per Montana’s own ethics standards. Bateen admitted to using RBANS over 200 times on other veterans, thus it would be wise for attorneys and veterans to investigate whether or not their case was infected by Bateen’s incompetence.

Here is what the Board had to say about Bateen, who is referenced as Licensee:

“Licensee has an independent professional obligation to ensure his work as a psychologist complies with the statutes and rules governing his license,” the state licensing board said.

“Licensee is hereby prohibited from engaging in psychological evaluations involving or affecting TBI assessment without first obtaining additional training as approved by the board,” the stipulation said.

“Licensee shall recommend to the VA that based upon these proceedings and the findings and conclusions entered pursuant to this stipulation, licensee’s former opinions with regard to Charles Gatlin be refused and that Charles Gatlin be reassessed for residual effects of TBI by a neuropsychologist having qualifications consistent with the criteria set forth by the National Academy of Neuropsychology,” the stipulation concluded.

Contrary to the false claims of VA and DOJ, VA policy relating to training and certification does not trump a health care professional’s obligation to follow local ethics rules related to their practice, which govern their local license.

VA generally hires only licensed health care providers – or at least in most situations. Those licenses are governed by state specific licensing boards that govern the ethics rules related to behavior, treatment and conduct toward patients. If a VA health care provider violates those rules, the licensing board may investigate and reprimand a professional who deviates from local standards.

Taking it a step further, VA policy does not trump state licensing standards, and even C&P evaluators owe a general duty of care to veterans getting evaluated in most states with case law related to independent medical examinations. Violations of that duty of care may open the door to file an SF 95 claim / FTCA suit for negligence and/or medical malpractice claims of your C&P examiner.

Veterans should review what happened in the Gatlin ethics case to get an idea if the VA C&P psychologist in their claim for PTSD or TBI may have violated state ethics laws.

If you are curious about VA’s own certification training videos, I was able to get copies via FOIA and posted them online for anyone to view on this site. The training modules can be very useful in teaching any veteran or advocate about what a C&P evaluator is supposed to do.

Skip to the bottom of the page for the videos: http://www.disabledveterans.org/2014/05/16/va-screwing-tbi-vets-quick-facts-tbi-evaluation/

Read about Charles Gatlin’s TBI Fight: http://www.greatfallstribune.com/story/news/local/2014/09/16/psychologist-barred-evaluating-traumatic-brain-injuries/15742645/

http://nationswell.com/husband-fought-overseas-now-shes-fighting-wounded-vets/

 

J. EDWARD VERNON jr.
J. EDWARD VERNON jr.

ALL THE VA WILL DO IS RE-SHUFFLE THE DECK AND BATEEN WILL END UP SOMEWHERE ELSE RUING VETS CASES. IT IS A SHAME HOW A COUNTRY WITH SO MUCH “POTENTIAL” FOR GOOD CAN BE SO “UNDERHANDEDLY” BAD.

figure8fan
This has nothing to do with this worthless Dr.; however, I have been fighting the VA for an increase for six years now and they did give me an increase. The part of this increase that I am questioning is that I put in for an increase for both knees. They gave the increase based only on the right and denied my left. My extension on both legs has been zero until my last C&P exam when the Dr. gave… Read more »
james
I have been digonosied with a T.B.I. about 40 years after I was shot in the head in 1972. I obtained my P.T.S.D. disability 40 years after I was shot. Had to hire an attorney. Found out I had a T.B.I. after telling my treating physician that I keep getting migrains and the report also shows that I may have a low grade neoplasm, it can not be rulled out. Neoplasm is cancer, the records show that their has been… Read more »
figure8fan
James, I am sorry to hear that it took you that long for the VA to do something and for what you had to go through just to prove that. I know exactly what you are talking about when you say to get your records. I have told so many vets to get their paper copy of their medical records and not go on the Internet and get them from MyHealtheVet because you will only find part of what is… Read more »
Denise Beckman
Gee like the one who changed my responses and had to “give in” and tell my daughter regarding my back? Trust me, they know all this mom is a badass honest to my cOREBut I’ve stated my words when I stated I shall report her, a bit of concern maybe? SHE SHOULD BE AS WELL AS SQUIRM BECAUSE THE CASE IS NOW RE-OPOPEN. Oh I have what I need, but sometimes it is just “better” oh she won’t? Another young… Read more »
Ralph
Ralph
Private care is the only thing that will change the VA or their doctors. Veterans organizations need to continue to push for private care even after the two year law expires. The VA is already balking on the private care issue. Unfortunately, The VFW, THE DAV, the American Legion and others continue to get money because they support the same old VA way. Just think, if all veterans could see their own private doctor instead of fighting every inch of… Read more »
Denise Beckman
I read something quite interesting today, and YUP “CALL BOB!” I requested all correspondence and all documentation including phone calls.i see a memo, “who’s Vickie?,” this was another phone used. Well, gee, “Vickie” left me messages-so is Vickie a man who called but sounded way too much like a woman? But, this is what I learned. IF YOU DID NOT ENTER THE SERVICE WITH ANY MENTAL DIAGNOSIS, THEN THEY CANNOT GIVE YOU ONE WHEN YOU APPLY FOR A PTSD/MST C&P.… Read more »
james
After reviewing my medical records C&P, it reads veteran may have had problems as a child with his family growing up, veteran would catch himself and then state positive things. There was one report that read has 3 brothers one dead of cancer, he was alcoholic, another lives ??? and one lives ???, one is depressed, one is alcoholic, father passed away carcinoma he was alchol. ?. this was never told to them by me and why even mention my… Read more »
Denise Beckman
James, truly it has nothing to do with you. A family history the questions they ask, they take anything “negative” and apply it to how you are. Problem, we all are different and make different choices. Yes, every family isn’t Ozzie and Harriet, so why bother making comments regarding my two sisters I don’t interact with or my dad? I have no respect for my middle sister, a very good reason and I think it’s sick what she has done.… Read more »
Stanley Smith
Stanley Smith
Anyone heard of this new Virtual Therapy “ELLIE” DOD is using? We need to know how Virtual Therapist “ELLIE” fit in with the claims process and procedures. Vets and potential Vets should be on the look out for appointments with ELLIE. The elites claim, “This is a way to identify everyone who needs to be treated, not just people who wave their hands and say, ‘Yes, yes, I have those symptoms,’” Gale Lucas, the University of Southern California social psychologist… Read more »
figure8fan
My psychiatrist wanted me to try and use the new “phone system and an internet system” for my treatments and I told him “no” I said what if I was having a real, real, bad day and was thinking about ending it, what in the world could a person or thing on the other end of the phone or on the internet do about it. NOTHING! You would be allowed to end it because they can’t do a damn thing… Read more »
james

I have brain scans that showed a t.b.i. and a spot that they think maybe cancer. I just was told a brain scan with and with out contrast. I was never told what type of machine they used. doing yearly scans now. sorry can not help more.

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