Errors with C&P exams

[Navy4life]

Hi everyone;

I have several threads going but i want to get these C&P exams out there in the open.  Please look at both C&P exams (Foot Conditions) (Ankle Conditions).  Look at the errors done by ONE doctor.  

The first C&P exam I attached is for Foot Misc.  The very first error by the C&P examiner is the fact that he states under #1 Diagnoses Avulsion Fracture 5th Metatarsal - date of diagnoses 6/23/2013.  That is WRONG!  If you look at the other C&P Exam for Ankles, under #1 Diagnoses he states right 5th metatarsal fracture - date of diagnoses 1993!  YES that is right!  See where I am going with this????

Let's continue on....

C&P exam for Foot Misc - #2 Medical History - he specifically states Toe condition left toe.  The date of the symptoms 1991.

#3 Morton's Neuroma - YES left. 

#15 Functional Impact - YES

#16 Remarks - For the claimant's claimed of RIGHT FOOT CONDITION, there is no diagnoses because the claimant does not claim the condition.  For the claimant condition LEFT FOOT CONDITION, the diagnosis is already noted in the diagnosis section.  For the claimants condition of TOE CONDITION ON LEFT FOOT, the diagnosis is already noted in the diagnosis section.

He is obviously mistaken on my right foot condition because it was in my original claim May 2013 but let's continue....

C&P exam for Ankles - #1 Diagnosis - He notes ankle sprain 1993 and he notes right 5th metatarsal fracture 1993 BUT he puts it as LEFT foot!  WTF?????  Do you see this??? First he has the right fracture on my foot C&P exam with the wrong date, then on this one he has the right fracture but noted on the left foot!

#2 Medical History: States my history 

#17 Functional Impact - YES

#18 Remarks - The claimant now has or has had ankle condition.  For the claimants claimed condition of RIGHT ANKLE CONDITION, the diagnosis is already noted in the diagnosis section.  For the claimant's condition LEFT ANKLE CONDITION, the diagnosis is already noted in the diagnosis section.

this doctor has F'd both C&P's up!!!

To add to this I get some medical opinion in November 2014 from some doctor who apparently reviewed these C&P exams, my DBQ's submitted on my behalf by my Podiatrist at the time.

This is so ridiculous!

On top of this, the DRO takes my Nexus letters supposedly into consideration but no rationale?  See attached the Nexus LetterNexus letter-redacted .pdf

 

C&P Exam Feet 7-2013_Redacted.pdf

C&P Exam Ankles 7-2013_Redacted.pdf

[broncovet]

There are several ways to challenge an exam.  First, find out the qualifications of the examiner.   The examiner should have either training (medical) or experience IN THE APPLICABLE FIELD for his opinion to be valid.  

A person with a Phd in basketball would not be a credible witness in assessing your degree of osteo arthritis.    However, the examiner is deemed to be credible, in the absence of your challenge.  He could be a janitor who sweeps the flooor, with no medical training, and his opinion that your arthritis was not caused from the military would be valid unless you challenge it.  

AS I already explained, if there are errors of fact, then the procedure is to challenge those with 3.179.  

Importantly, if you dont have the evidence needed, or there is conflicting evidence, then you may need an IMO/IME.  

YOUR (lay) opinion that the doctor was wrong wont trump the doc's opinion.  To do that, you need an opinion of another doctor.  

To fix this mess, you need to either get the doc to correct his errors (he might, if you confront him with good evidence), or to get an IMO/IME to refute the c and p examiner opinion.  

[Navy4life]

Bronco;

The C&P exams are so erroneous that I have to due the CUE, I agree.  My lay opinion to my congressman and Mr. McDonald is in hopes of NOT having to go to the BVA to unscrew this mess.  What I need is a new C&P exam since this doctor jumbled both exams by mixing up body parts, wrong dates, etc.

So I need to cite 38 CFR 20.1403 Rule 1403?

[broncovet]

To do a "new" C and P exam, you can accomplish this with an IME/IMO.  

Apart from getting a remand at the BVA you can not compel the VA to "give" you a new C and P exam.

[MarkInTexas]

I agree with Broncovet.  I'd do an FOIA for the C&P examiner's curriculum vitae, and while you're waiting do an online search for his/her credentials and print/PDF what you can find.

You could do your NOD or Form 9 Appeal, depending on what stage you are in, and while you are waiting, get an IME/IMO done as quickly as possible.

That should hopefully trigger the VA to look at your case all over again with the new and material evidence.  Include your online search information, until you get your FOIA fulfilled.  They'll probably schedule your for another C&P.

I could be wrong, but the VA can't forward on to the BVA until all other associated claims and FOIA requests are adjudicated or resolved.

Also do a FOIA for your C-File.  You never know that they missed, or what records that are in there that are not your own. (On my 3rd C-File request, the VA "discovered" and included several CBC, Monospot and other tests that they previously said did not exist and were not present earlier....so you never know.)

Last, document everything.  I like to scan everything in PDF to a folder in Dropbox.  That way I can access it anywhere in case I need to read or access something.  It's also easier than hauling around a crate of letters and medical documents.

Good luck!

Mark

 

[Navy4life]

16 hours ago, broncovet said:

To do a "new" C and P exam, you can accomplish this with an IME/IMO.  

Apart from getting a remand at the BVA you can not compel the VA to "give" you a new C and P exam.

I don't NEED another IME/IMO.  The Nexus letter I provided refuted the medical opinion of the doctor who NEVER even saw me but made a medical opinion based of these ridiculous C&P exams done by a doctor who is an idiot. The C&P Exam's are erroneous in it of themselves.  

I am going to fill out the Form 9, have it on here for review before I submit to have everyone look at it.  I am basing a CUE on both C&P exams and the errors.

[broncovet]

Ok.  Remember, it takes MEDICAL EVIDENCE to refute Medical Evidence, lay evidence wont suffice.  Your opinion, only, that the doctor was wrong will unlikely to achieve a refutation of the medical evidence.  However, another doctors opinion can put your claim "in equipose", which means the benefit of the doubt goes to the Veteran.  

Lay evidence is probabative only to the extent that its consistent with medical evidence, when lay evidence conflicts with medical evidence, the medical evidence will be probative.