tdiu C&p Doctor Lied On Results From Exam

[SSGmajik]

I posted on one of the other forum topics, but I guess my topic fits this forum better & I just want to get opinions on what I should do.....

10/2010 - TDIU claim filed

05/2011 - Claim ready for decision

04/05/2012 - Pending Decision Approval

04/24/2012 - Decision made on rating. TDIU deferred

04/25/2012 - TDIU claim went back to Gathering Evidence phase

I got the letter yesterday day & received a little back pay from a CUE. Good, but I was screwed over all! I was increased from 30% to 50% Adjustment disorder, but was decreased on my back, neck, & scar from surgery, & a few others stayed the same. My neck was lowered from 20 to 10, my scar from 10 to 0, & my lower back from 40 to 20! I had several doctors describe my condition as getting worse with MRI's & x-rays to prove it. My mobility has deteriorated & I know my ROM did not get better! I saw my C&P results a week after the doctor did it & immediately wrote a letter disagreeing & why. During the exam the doctor never did measured my ROM motion on my back or neck. He had me bend each direction, but never measured, but he put measurements in the results that obviously screwed me! Also, he never even touched my scar which is very sensitive & has a burning sensation if anything rubs up against it. What should I do now? Wait for the decision on my TDIU claim or file a notice of disagreement on these results? Also, the CUE I received back pay for was that my back deserved a higher rating from the last claim, because medical evidence showed my condition had worsened, but then lowered it on this claim! Everything piece of medical evidence proved my back is worse, but since some PMC doctor doing C&P's made up ROM measurements made my rating lower! Any help is always appreciated! Thank you in advance.

[Berta]

You might want to hold onto the CUE retro in case you need to obtain an IMO for the pending TDIU claim or the reduction of the other disability ratings.

I sure hope they grant the TDIU claim but

"I had several doctors describe my condition as getting worse with MRI's & x-rays to prove it. My mobility has deteriorated & I know my ROM did not get better! I saw my C&P results a week "

Did they list this as Evidence in the reduction and if so, why didn't they accept?

Edited April 30, 2012 by Berta

[SSGmajik]

Thnk you for your reply & advice, Berta! To answer your question, the VA stated that since there was no other medical evidence of a ROM test that they would use the C&P results for their decision. Which is crazy, but that's the only way they rate the back. It's partly my fault for not having at least one of the other docs perform one. I'm making an appointment to get one & other ones to apply for a NOD & incase my TDIU is denied.