ptsd C&p Exam Contradicts Matters Of Record

[Ethan'sGrandma]

Hello All,

I received a copy of my C&P and it blows my mind!! The doctor had asked very little questions, none seemed pertinent, but he sure came up with a lot of answers, without any true knowledge, nor an apparent true review of the file, even though he notes he did a review of it. Additionally, he did not concede the PTSD, even though it is one of the reasons for my ongoing treatment outside of the VA.

What really bothers me is that he put so much erroneous information in the exam report, it almost seems as if falsifying information, to make it all fit. For example, I have not worked since 2000, receiving SSA disability, but he notes "Employment: time lost from work--few hours...mild effect on social functioning and no effect on employment." That statement alone should speak volumes even to the VA who is aware that I am on disability that there is something seriously wrong with the exam, never mind all the other outright errors (lies) the doctor could not have possibly gotten from information from me, or my file. Of course, I've not heard anything more from them regarding the pending appeal.

What boggles my mind is...why? Why would a doctor make a report that, obviously, does not even fit the record? Wow, that is scary for even the new regs regarding PTSD if determined by a VA doctor. Obviously, by this example, a doctor can say pretty much anything they want, even when it's not matching what is already on record. So, how are we to dispute it? I have sent the VA a letter making note of what is contradictory, stating the exam was inadequate, and requesting another exam. Only time will tell if it will be arranged since it took six months just to be able to get a copy of the exam report.

So, does anyone have any experience in matters such as this? If so, what is the usual protocol? Will the VA go by this flawed exam, regardless of what else is on record? I am so upset about this, I'd like to send a copy, a copy of the contradictions of the exam with matters already of record, to the top VA man and ask how do they allow this? How do they allow a doctor like this to examine veterans? In any case, thanks much for any information anybody can share with me.

[carlie]

"I'm taking Berta's advice and plan to go over it line by line" - - AND time after time : )

[VNVetwife]

Hello All,

I received a copy of my C&P and it blows my mind!! The doctor had asked very little questions, none seemed pertinent, but he sure came up with a lot of answers, without any true knowledge, nor an apparent true review of the file, even though he notes he did a review of it. Additionally, he did not concede the PTSD, even though it is one of the reasons for my ongoing treatment outside of the VA.

What really bothers me is that he put so much erroneous information in the exam report, it almost seems as if falsifying information, to make it all fit. For example, I have not worked since 2000, receiving SSA disability, but he notes "Employment: time lost from work--few hours...mild effect on social functioning and no effect on employment." That statement alone should speak volumes even to the VA who is aware that I am on disability that there is something seriously wrong with the exam, never mind all the other outright errors (lies) the doctor could not have possibly gotten from information from me, or my file. Of course, I've not heard anything more from them regarding the pending appeal.

What boggles my mind is...why? Why would a doctor make a report that, obviously, does not even fit the record? Wow, that is scary for even the new regs regarding PTSD if determined by a VA doctor. Obviously, by this example, a doctor can say pretty much anything they want, even when it's not matching what is already on record. So, how are we to dispute it? I have sent the VA a letter making note of what is contradictory, stating the exam was inadequate, and requesting another exam. Only time will tell if it will be arranged since it took six months just to be able to get a copy of the exam report.

So, does anyone have any experience in matters such as this? If so, what is the usual protocol? Will the VA go by this flawed exam, regardless of what else is on record? I am so upset about this, I'd like to send a copy, a copy of the contradictions of the exam with matters already of record, to the top VA man and ask how do they allow this? How do they allow a doctor like this to examine veterans? In any case, thanks much for any information anybody can share with me.

My husband filed a claim for Diabetes Type 2,, ,he had a C&P ,he told them about his feet going numb,and the tingling, stinging in them also.He was awarded SC Comp.because it's associated to Agent Orange ,but in that letter it stated that patient denied peripheal neuropothy,,thats total opposite of what he told the doctor,Why he wrote that down ,,is beyond us. Can not understand that.

[Ethan'sGrandma]

Hello To All,

I posted some time back about C&P exam contradicting matters of record. The C&P was done back in February, 2010 and I've as yet to hear anything back from the VA regarding my NOD from their last SSOC, nor my disagreement with the C&P exam. The VA doctor doing the C&P did not concede PTSD, nor seemed to have looked at my file, since he noted erroneous information on the C&P. For example, I have not been employed or employable since 2000, but he stated that few hours were lost at work? Well, that made no sense to me, among other items, since if he'd looked at my file, he'd have known that I do not work, plus receive SSA disability benefits. Actually, most of the stuff he stated on the C&P exam he must have been guessing at since he didn't ask this veteran about any of it, just assumed? In any case, the C&P exam copy blew my mind, but I am not sure how the VA will view that, in light of the fact that they also are aware that I am on SSA, and unemployable, yet the doctor made a wrong statement on that. Surely, I cannot imagine what is going on if a VA C&P examiner made statements that do not coincide with my claim, nor my file. Additionally, I've had a diagnosis for PTSD for years from private care, but the VA did not note that in my file or their evidence, so I sent them an older treatment statement from a doctor that I found in my own records, although they should have had that, already, since I'd sent them everything that I had. I know that they want up-to-date information, so I suspected they were not going to accept that for present care, even as they have my present treatment records, which also show PTSD, so I'm thinking that's why they wanted the C&P.

Recently, I've been able to obtain more information that I think is favorable for my claim, but have no clue as to how the VA will look at it. Actually, my claim is on appeal, waiting for sending to BVA, but the RO still is holding on to it, I have no clue why. My claim is ongoing since 2005, so I'm presuming that the longer the RO holds on to it, the longer it will be before I ever get another decision. After my last posting, I made it over to the Vet Center, where the counselor there has been very helpful, including with my VA claim. For example, there were some things I'd left out since they already seemed related to what my claim is for, but I didn't even know that it could be important, especially if it could be verified by the unit's CQ log, if available. Additionally, she referred me back to the VA MH clinic where I'd once been a patient, since my insurance was not cooperating with paying claims for therapy, claiming I'm as good as I'm going to get, with no improvement showing. After appealing their decision, they are now back to paying for my care, so I was able to return to private care. However, before leaving VA treatment, I asked for and received from the treating VA psychologist, a letter for the VA with diagnosis, treatment, etc., so I am wondering how VA will look at this newer information from one of their own? In my years of dealing with this, it's not been often that I've found too much acknowledgment from them, even as they've had records to review that have the information they need, even fitting their own rules, but still got denied. I can't even imagine how they could view that erroneous C&P exam in direct opposition to the treating psych's opinion. She did diagnose me with PTSD and states that, in her professional opinion, it is related to my military service. Additionally, I did obtain from my private doctors, also, a letter for current/past diagnosis', also including PTSD, and past and current treatment through their practice. I would not consider it an IMO, though, since they did not review my military/VA files, but it is a clear contradiction to what the VA C&P examiner noted.

I would appreciate any comments, if anyone has any, or any words of wisdom that can further enlighten me as I move forward with my appeal. Thank you to all and good evening!

[carlie]

She did diagnose me with PTSD and states that, in her professional opinion, it is related to my military service.

I would appreciate any comments, if anyone has any, or any words of wisdom that can further enlighten me as I move forward with my appeal. Thank you to all and good evening!

EG,

The RO isn't holding onto your file on purpose, believe me they'd love to go ahead and get it out of

their jurisdiction.

Just so you know, you'r wait will be long, more likely than not at least 24 months before you get any

type of answer from the BVA.

You posted, "She did diagnose me with PTSD and states that, in her professional opinion, it is related to my military service."

Did she support her opinion with a nexus and full medical rationale, such as what event in military service (stressor) led to the diagnosis of PTSD ?

[Ethan'sGrandma]

EG,

The RO isn't holding onto your file on purpose, believe me they'd love to go ahead and get it out of

their jurisdiction.

Just so you know, you'r wait will be long, more likely than not at least 24 months before you get any

type of answer from the BVA.

You posted, "She did diagnose me with PTSD and states that, in her professional opinion, it is related to my military service."

Did she support her opinion with a nexus and full medical rationale, such as what event in military service (stressor) led to the diagnosis of PTSD ?

Thank you, Carlie, for the response. Yes, she did provide a nexus. and noted the stressors that led to the diagnosis. Additionally, she noted how it still affects my life now, including my unemployability. Yes, I don't want to get paranoid into thinking that RO is holding my file on purpose, seeing as they have huge loads of cases, but it makes no sense to me why they are still holding on to it. In your experience, why would they hold on to a file that's been with them probably for more than 1-1/2 years with the form 9, 5+ years at the RO level, yet it does not seem to be moving anywhere else?

Months ago, I sent an iris request for status and all I got back was that it was awaiting an SSOC and that appeals can take a very long time. I suppose when I sent in the form 9, I was presuming they would do whatever other development they needed to do and move to have it certified for BVA, if they were not going to reconsider any of my evidence, but that has apparently not happened. Actually, much of the medical that they needed would have already been in my private medical records that VA had access to, whether I sent them, or they could have requested, but that's where I believe a lot of this hold up started. They did not request records going back years, but more recently, although I noted to them those records were available, but were not noted in their original evidence list, so their claim was that I could not prove I'd been in treatment back further than they were conceding to.

Additionally, the National Records Center seemed unable to find older records for me going way back, but I hit a lucky strike some time later, with somebody that must have done a real in-depth search, thankfully, at my persistence because the records magically appeared right before I went to the RO hearing where I had the opportunity to turn those in. Even so, verbatim, all of the SSOC sound pretty much the same as the original SOC, with not much change to them. Also, my SMR do note my complaints of the symptoms/signs that were already present, but the VA's response to that in the original SOC was that I had not received a diagnosis and they tried to assign the complaints to something else going on in my life at the time, which I was able to rebut because their information was wrong, as shown by an official form in my service records, dated differently than they were assuming, even though I obtained that form directly from them. I did not have any of my military personnel records until I obtained them from VA, after my claim was submitted and I requested them, yet they missed a very important document in my records that they had at their disposal. I realize that they are very busy, but if they don't catch it, yet can make a set statement that there is nothing in my files, then there would be something very wrong with that picture.

Yes, I am aware that the BVA will take years, but if the RO is not doing anything with my claim, I am yet to understand why I would need to wait any longer to get my claim to BVA, to be assigned for future review, if I've already waited years at the RO level with no foreseen movement, one way or the other. Simply makes no sense to me. I do appreciate your input. Thank you.

[carlie]

EG,

The most recent rating decision, SOC or SSOC stated what, in the Reasons and Bases Section

for the denial ?