In the middle of a C&P exam for scars, the examiner didn't take any measurements.
He sent a woman in after he left, to take photos of my scars.
I asked this person," Why didn't the examiner measure my scars?", as this was necessary to get a fair decision/rating.
She left and in a short time the examiner returned.
I asked him the same question.
He measured one scar on the back of my neck and none of the others.
I even specifically pointed out the ones I wanted him to measure.
He said that the rating officer will see the scars from my photos and that is mostly how they make their decision.
That isn't the rules on scar evaluation.
This guy was a P.A.
It was a bad omen when one of the first questions the examiner asked was," What is your current disability rating?"
That made me feel like he was going to do all he could to make sure I would never reach 70% disability.
At the end of the exam he stated he was a veteran too.
When his assistant returned once again to take the photos, she began to tell me how my examiner was a really good guy and was serving in the Reserves currently.
Took all I could do to bite my tongue and hold back and tell her how he did a hatchet job on my claims.
Finally.... forgot to mention..he checked my ankles range of motion without using a goniometer, or any form of test instrument.
Then he proceeded to inform me that I needed to get a medical diagnosis of my ankle condition.
I told him that I have an orthopedic appointment scheduled for my ankles the following week.
MY QUESTION IS: Will I have to wait and NOD/appeal the bad exam AFTER a decision has been made? Or is there an alternative such as writing a complaint and/or request a new exam before I get a rating?
I know what you mean. It took me about three years to go from 40% to 90% and then another year to hit 100% (backdated to original EED from five years earlier). The 90% hurdle is just probably the toughest for most veterans. It is pretty bad when the VA fails to read records properly (even typed ones) and causes all sorts of unnecessary anxiety and stress in the process.
Despite still having heart issues, I have not won SC yet. The docs pulled me off of one heart medication that was actually making the problem worse and it put me into the 0% category. However, I do have two other claims that I know can be increased if I filed now. One would go from 30% to 40% and the other from 30% to 50%. I talk with my wife periodically about filing for all three, but she doesn't want me to rock the boat. She told me to wait until I retire.
I'm trying to get to the 100% mark but I'm learning to be more patient that it will eventually come. I know you fought your heart issues for some time and they really lowballed me on that...the hand written notes have hurt not helped me much...my PCP is nice but he would never translate the records for me....
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