I didn't say that

[pctinc2001]

After going over my progress notes from c&p I noticed some answers to questions that had different answers that I gave. For instance he said i have tingling down my left leg and not my right leg. After seeing my medical records and knowing how both my legs feel I'm wondering why he said one leg and not both. I know i told him both legs experience about the same amount of pain. I was awarded 10% for my left leg and nothing for my right leg. How shall I confront this issue?

[broncovet]

You have 2 plausable choices, you chose one, or both:

1.  Try to get your records corrected.  

Use this regulation:  https://www.law.cornell.edu/cfr/text/38/1.579

2.  Get a new doctor's opinion to refute that of the errant doctor, and resubmit the "new evidence" under 38 CFR 3.156.   This may mean an IMO/IME.  

[pctinc2001]

Thanks for the response broncovet. Its all over my smr's and my progress notes. If he viewed them he would've known that.

[Gastone]

The Date of the Award Letter is?

If the award is recent, you could file an Official Request for CUE Review. You and/or your VSR should attach the MHV Clinician Treatment Notes Highlighting the Evidence missed by the C & P Dr.

Keep in mind, the "CUE Review Request" does not stop your NOD Clock.

[Buck52]

Yes  check the award letter date..request an NOD first and foremost.

(if you have not done so )

Then do as Gastone says, be helpful if you can  put a redacted copy of the denial on here.

you should not need a IMO (another Dr's opinion  with your evidence.

However its a possibility! 

''After seeing my medical records and knowing how both my legs feel I'm wondering why he said one leg and not both. I know i told him both legs experience about the same amount of pain''

 

[Gastone]

P, I used the "Official Request for CUE Review" back in early 1/16 regarding an EED  SA Increase Award 12/15 .

For whatever reason, I had called my RO VSO HQ regarding a completely different matter. The VSR that was on duty just so happened to be my 2014 DRO Hearing Specialist, retired VA DRO that only worked (1) day a week.

After discussing the issues that were the reason for my call, I mentioned I was getting ready to NOD requesting a DRO EED Review of the 12/15 Quality Review Award. He told me to hold off on the NOD and file the "ORFCR," attaching all my VMC Medical Evidence supporting the EED. That afternoon, he filed my 21-4138 addressing the "ORFCR" and listing the enclosed VMC Med Records as supporting Evidence.

The following week, my E-Ben page indicated a receipt of a New Claim. By March 2016 another Retro Check had been received covering the entire EED Requested.

[broncovet]

If the rating specialist relied upon the "medical evidence", even tho that evidence may have been in conflict with each other, then that is not CUE.  

Cue is a specific kind of error, one that is "undebatable", and if Doc x said it, then it isnt cue.  

Cue does not cover a medical difference of opinion in your records.  What the doc says on your c and p exam is given  a pass, that is, its "assumed correct", and the doctor is presumed competent.  You can, however, challenge the competency of the examiner, especially if he lacked expertise in your area of c and p exam.  

The examiner is "presumed competent"   ABSENT your challenge to his competency.  You have an opportunty to challenge the exam, but it "may" be to late to do that.  

I had a bad exam, and challenged the compentency, but did so too late.