Failure Of C&P Examiner

[63Charlie]

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?

Edited July 27, 2016 by 63Charlie

[Fat]

I agree with PWRSLM, an IMO would probably signal to many C&P examiners I have seen a specialist and am fully aware of condition.

Most doctors are great at their job, but some are a little lackadaisical.

Remember, you are your best advocate. Leave nothing for chance and fill in the blanks for physicians and rating officers.

Keep grinding and eventually everything will line up.

[john999]

I really agree with last two posters.   When VA C&P doctor misrepresents facts nothing happens to him/her.  If you are actually caught using legal definition of fraud to get benefits then they could possible prosecute you.  Probably all they do is reject your claims and call you bad names.  I have never worried for one second about "Me" using fraud.   I worry a lot about VA using fraud to misinterpret medical evidence, but not the kind of fraud where some VA employee goes to jail unless the employee is resurrecting dead vets to get their money.  If they just ruin the life of a vet and his/her family no big deal.  I had C&P exam doctor say that he suspected me of fraud because I had a degree in psychology.  The exam was thrown out, of course, but  the buddy of this doctor did the next exam and they got even with me in round 2.  I won the battle.  I got board certified doctors to do my IME's.  I had my claim for neuropathy as secondary to DMII denied when VA used opinion of PCP over board certified VA neurologist.  I had to go outside the VA, as usual, to win. .This costs money and time and you may die while waiting which for VA is consummation devoutly to be wished as Bard says.   Why do I not trust the VA C&P system?  Let me count the ways.