C&P Examiner Pushed Me...FORCED

[RAPIDFIRE]

I want to know if any of you have been forced for movement in your c&p exams by an examiner? I was. In fact, at my exam the examiner went through with me my MRI and showed me MS spots all over my lower spine and all sorts of other problems, I just had surgery for blown discs and paralysis... a several moths prior, it was hard for me to even drive to the exam not being able to hardly feel my feet and I had severe arthritis since it was winter (nerve roots all clumped together), I got around with a cane. So, the examiner had me do the motions and pushed me down, and at the sides, etc... it hurt (she literally threw her hand and pushed me and caused nerve damage, my back was extremely swollen from arthritis), I had no idea what she was doing and because of my problems I had some incontinence which was embarrassing. I had developed this from exposures to certain things in OEF (spots on spine). I was so mad, how bad the VA was screwing me any way they could and hell I just got back from war a year prior and this is how I was treated for sacrifice to the country. I left in tears and dirty drawers. I had no idea what to do, the VA hospital refused me c&p records from this and the VA only used it against me and then ignored as the exam didn't exist and the service reps with DAV, American Legion, all didn't give a damn and since I was a very young guy-they didn't care either; being first wave of guys back from war it was sparse to see young vets since not being in war for a long time-I am sure-but they didn't give a damn-USELESS SERVICE ORGANIZATIONS. I tried to fight back, I got nowhere, the VA was against me, in a demonic way. THIS WAS A VERY, VERY, VERY BAD EXPERIENCE I WANTED TO SHARE WITH YOU.  I realized the examiner was puppet for money, the VA and some demonic people within the VA wanted to screw me and that VSO's are worthless and YOU are all on your own. By the way, why is it if you have pieces of your spine removed it isn't considered like a loss of a body part is, losing a leg or an arm is paid out SMC, but if your missing parts of your spine how in the world is that now considered a loss of a body part and not entitled to SMC? It would be like saying, oh you use a prosthetic leg, so you leg is fine, no loss. Hence, segments of spine removed and replaced, fused, etc. I wonder why this topic hasn't caused more fuss in the VA community as range of motion is a joke, and that just all that is used to rate. 

Edited May 29, 2016 by RAPIDFIRE

[rootbeer22]

Rapidfire:

Like many other Vets, I had the same happen to me. I had a CP Exam for my shoulders where I complained because the CP Examiner kept pushing my shoulder up way beyond the point of pain. Then she marked the measurement done for the ROM that was very inaccurate. Then,  I complained and wrote a statement to that effect and wrote a very detailed explanation of what happened and how it happened. Actually the Chief of the CP Clinic is the one who told me to write the statement in the first place. Later, I heard that other Vets complained and she was removed from her position. Unfortunately, I was later sent to a contractor for another CP for my shoulder and got the same treatment. The examiner kept saying, higher, higher, I know you can go higher. Anyway, it really hurt and I had to go to another doctor to treat the pain from the examination. To make a long story short, the claim was denied because they commented that it was not in my retirement physical. But, when a doctor pushes a patient beyond their pain point and they know it is wrong....this is happening a lot lately from what I'm hearing....

 

Good Luck and Godspeed...

 

Edited June 1, 2016 by rootbeer22
typo

[ArNG11]

Guys I am so mad reading about this.  I thought this type of s@it was done with.  I wonder if there is any way to file complaints to the heads of medical boards.  I know for a fact that some of the C&P docs here in Oklahoma have private practices and do the VA comp exams to supplement income.  They have to have some type of medical board to answer to?  Something like an ethics committee or there has to be some type of recourse available other than a lawsuit. 

There has to be some type of repercussions, maybe in the form of filing charges for assault with local PD?  Im taking a stab at this logically but really, there has to be something that can force consequences.  

Crap I guess I need to take meds getting too worked up.  

Hope this crap doesn't happen again.  Get an unbiased medical opinion to refute the crap report that might be coming your way.  Good luck.

 

[rootbeer22]

ArNG11;

Frankly, the only way to combat this is to get another IMO/IME that counters the bad exam? Even then, it is likely that you will once again be sent to another contract CP Doctor to either confirm or deny the other CP Exams...so if you have the money -then you have a way to address it. Also, I see that you are also 90% like me and I think that that may factor into it already. I had an interesting CP exam also in which the rater went my way and I was impressed which does not usually happen. During my examinations, the CP Examiner noted all of my injuries as a result of my "traumatic" tank accident and explosion in service . However, for my neck injuries in which there is a mountain of smr evidence due to the explosion that hurt me. The CP examiner said, "despite his traumatic tank accident and explosion, it is less likely that in happened in service? So, I sent a message  for the record with my C-file., that said, It was already confirmed that I was hurt in an Army Tank Accident and Explosion and unless there are jobs in the civilian world where tanks are being fired and maneuvered regularly, then it only would have happened in military service anyway? Well, the rater called the examiner and confirmed this and I was granted service connection. So, there are very good raters that do a good job. That said, I've heard of bad exams across the board and like I've always said, it just depends upon "the luck of the draw" whom you get to do your CP exams. Frankly, there are a lot of great CP doctors out there and we mainly hear about the negative experiences, and to us vets it can become very personal when we get a bad exam.

Besides, you have Dr. Ellis in Oklahoma City and you should consider talking to his staff if you can come up with the money. I was going to see him but ran out of time waiting for my C-file...so I have to do my NOD with the information that I have on hand...

 

Good luck and Godspeed Rootbeer22

 

[ArNG11]

Rootbeer you are correct and most likely right, to the Ellis examination, just the regional office only gave part of his exam any weight.  I will make them make it right, frankly, I don't know if I can spare a few decades to make that happen, in the end though I think it will be sweet and make me smile.

Ellis' opinion will have to be given weight and the effective date will come in to play.  After that I have two functional capacity exams and the DBQ's to bolster my position and claims.  There is also the DRO trying to play doctor and rationalizing where the sleep disturbances and fatigue/tiredness come in.  I don't see M.D. in her title so I have some strong point in my claims.

The kicker is going to be the effective dates and the waiver of review, I'm not going back to the regional office, I am putting it in the hands of the BVA. I have good information that I.Q. levels there are high enough that they can read and weigh evidence properly. A few years retro will make some of the heartache not be so bad, at least on principle.  

Your second to last statement, I agree completely, the doc from my last C&P exam I received an excellent, or lets say very favorable mental health exam, that gave my claim a very stable and strong foundation to work from. 

Attacks and countermeasures are going to be determining factors.  

[ArNG11]

In any case I think I took away too much from the topic at hand.  There are rules set in place and regulations for painful movement.  

The moment the movement becomes painful, that is the ROM measurement that should be used.  Anything after that point should not be factored as true ROM ranges.

The eCFR makes it quite clear, however, I read too much.  Also, I am not a medical professional so, what the heck do I know.  

I will let you know and report back when fit hits the shan.  At times I kind of get kitty thinking about a favorable outcome, I do have to keep my perspective clear though.  At least try to.