tdiu C&p Doctor Lied......now What?

[SSGmajik]

I recently posted the same topic a few weeks ago, but I wanted to start a new one with some updates and get some opinions on what to do.

Here we go.........

I filed for TDIU in October after I was medically retired from my Government job due to my service connected disability. I had 3 neurosurgeons, a spine specialist, and my pain doc all recommend my retirement to my service connected condition getting worse and is now considered "inoperable" due to the high risk of the surgery. I had a C&P exam in November at the VA and when I went in the doctor asked me if I knew why I was here and I stated because I filed for TDIU, he said that is correct and read off what he was going to examine and that the VA should receive his findings in about 30 days. He started off my doing the knee reflex tests on both knees. He then examined my scar on my lower back, measured it, and then had me bend forward, backward, and side to side to take measurements. I can barely move do to all the pain and I also have to use a cane to even walk! He the said I could sit down and that he was finished and that was all he needed. I figured since this was the main reason I was medically retired that was all the VA requested to be examined.

So, as time went on I went to the VA to get a copy of my medical records as a I do every 3 months to keep up with all my conditions and what the doctors are stating in my records. I noticed my C&P results and the doctor had flat out lied in them! He said I was not in any pain when he examined me and lied about my range of motion exam. All the neurosurgeons and the spine specialist all stated how my condition is getting worse, but somehow the C&P doc thinks I'm getting better! My scar is very sensitive since and he said that it was not even though he did not touch it, he only measured it off to the side of it! He then put that he did a pin and prick test, strength test, straight leg test, examined my neck and measurements, and various other things, but he did not examine me on any of them! All the things he stated are going to screw me! Everything he put in my results will probably lower me from 70% to 40%!

I requested a new C&P, but we know that's probably not going to happen! I contacted my congressman and they are willing to help, but I'm not sure if I should use him now or wait until my results. I also contacted the VA facility that I had my C&P at and they said I can request an amendment to the exam, but not on the whole exam just a few things, because the VBA does not let them throw out the whole exam! I also sent a "statement of support for my claim" with all my supporting medical evidence and their letters of recommendation on my medical retirement. The only problem is they never put measurements for my ROM, but I still don't understand how my condition is getting worse, but the C&P doc said my ROM has improved!

Any help or advice would be greatly appreciated!

Thank You,

SSGmajik

[SSGmajik]

SSg- I plan own waiting for the results of my claim before I bring up the fact that the "Doctor" made several mistakes on my physical C&P. They had me do an eye exam with a chart on the wall, and after removing my glasses, I could barely make out the largest letter, but on the report you would think I not only could see the smallest letter, but see through the wall, like Superman. I also did the movement test, and could barely move, and use a cane. According to the report I can leap tall buildings in a single bound. Like you it will be a cold day in hell and I have been there, before I give up.

Papa

I hope it all works out for you papa. I'm so torn between waiting for the results and submitting evidence and getting the congressman involved now. Since it is still in the "gathering info" stages I figured I would submit more evidence highlighting what would prove him wrong and having my congressman fight for me instead of telling me to just file an appeal. Either way I think we're both in for a battle and hopefully we'll both come out on top! Best of luck to you!

[Notorious Kelly]

They do those shows on people allegedly disabled who are hang gliding, etc.

Let's see an expose' with the doctor's statements that people are fine and then show video of them in their actual condition.

[carlie]

Just curious is there a law that says we cannot have recorders in the room during the exam. I might start doing this....

This has been questioned several times and I always responded we

have no legal right to record a VA examination.

I finally found the reg on it again, so I could post it.

carlie

http://www.warms.vba.va.gov/admin21/m21_1/...3/ch03_seca.doc

Section A. Examination Requests

f. Veteran's Legal Rights

A veteran has no legal right to

· be accompanied by counsel during an examination, or

· record an examination.