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First Class Petty Officer
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JKWilliamsSr last won the day on February 15

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About JKWilliamsSr

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    E-5 Petty Officer 2nd Class

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  1. I agree completely it should be shorter but realize that I may not have the luxury of brevity. It was the way the exam was done that made me decide to keep it long. I asked myself if I was submitting a brief statement or evidence. While I am not an attorney if I have to go before the BVA everything I submit would be read and that is why it was still long. In my SMR's there are 13 clinical visits for back issues. Yet in this examination the examiner only commented on of them. I see that as lazy and no matter what happens there isn't a single person at the VA that will take the time to review my entire file. Knowing this I had to make sure they were called out on everything. I am going to be honest here. I don't expect the letter to be read at all.
  2. I agree with it being a little too long. I went back and forth against shortening it and decided to keep it the way it was. Mostly because I don't think it is getting read no matter how long it was. As sad as this may sound I am basic putting together evidence for the appeal process because I have absolutely zero faith in VARO's doing anything right.
  3. I probably won't see it in my life time but at some point examiners and raters need to be held accountable for their failures. Mistakes happen but blatant disregarding the required rules is unacceptable. If they did their jobs correctly there would not be any backlogs. I finished my memorandum for my exam. As I went through the exam notes it was clear the entire exam was a farce. The examiner got just about every part of this exam wrong by flat not properly doing his job. Attached is what I am faxing to the intake center since it is a supplemental exam this is about. Edit: I found a typo and think is important. Correcting and will upload again.
  4. you are correct. The claim is still pending. They recently made changes where C&P exam results were not available until 30 days after they have been uploaded. It used to be 3 days. I am willing to bet this was because people were able to make complaints before the exam claim was finished. Once the claim is done it becomes an appeal issue and does not hold up claim adjudication this helping their numbers. I filed a complaint on Friday and is now in the system. I am finalizing my breakdown of the exam via memorandum and will fax that to the intake center today. I will post it here.
  5. Already did that. I called the 800 number and filed a complaint about the exam on Friday. I am re-working my memorandum for record with all the contentions on the exam and will fax it in on Monday.
  6. I already submitted an IME when I filed my claim. I did an intent to file a little over a year ago after I learned by talking to some other vets that I may have been royally screwed with my ratings. I mean I was denied for claims the VA said were not in my medical records. After getting my C-File I learned they were full of it. So I gathered all of my records and went to the Ellis Clinic for an IME because I wanted to have all my bases covered. I submitted all of my SMR Records to Dr. Ellis and he reviewed them before my appointment with him. So when I filed my claim I had a completed IME report from Dr. Ellis covering every disability I was claiming and had a clear nexus for all of them. Dr Ellis also did ROM testing using a goniometer and I submitted that as well. The C&P examiner for the VA did not use a goniometer he just eyeballed it. I submitted all of the "missing" SMR's that were in my C-File. I also uploaded Dr. Ellis Curriculum Vitae with all the other evidence I submitted. It looked like a clear slam dunk for me. The examiner that did the C&P exam was a physician assistant. I also submitted a separate statement in support of claim for EVERY disability I was claiming. My wife also wrote a statement for me.
  7. That is the thing. The examiner stated in the report that my back "The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury" Here is the rationale he provided....word for word.... (the examiner typed it in all caps) HE WAS SEEN 1992 FOR UPPER BACK STRAIN. AGAIN IN 1995 FOR LUMBAR STRAIN. THESE WERE THE ONLY TWO CLINICAL VISITS. CURRENTLY HE HAS FUNCTIONAL AND MECHANICAL COMPLAINTS THAT ARE INFLUENCED BY OBESITY. NO RELATIONSHIP TO THE EPISODES IN THE SERVICE. 1. I have SMR's that show 13 different clinical visits while on active duty. In my 2009 denial the VA acknowledged I had back issues but they denied me because I did not have a diagnosis while in service. So I submitted the evidence that showed there was a diagnosis that I got from my C-File that they ignored. 2. I am not sure how he can get away with saying my back issues are "influenced" by my being obese. (I am 5'11 and weigh 270). If he is going to say my back problems are caused by weight he has to provide a better rationale than just saying my weight influenced it. 3. At the beginning of the exam the examiner said to me. "Tell me about your back". I started explaining the issues and not even 30 seconds in he stopped me and said I get it. I remember this clearly because I was telling him that during flare ups my back hurts so bad my wife has to put my socks and shoes on for me because I can't even do that.
  8. Of your list of examiners to look out for my examiner was #1 and #2. My examiner barely spoke during the exam. He said tell me about your back and nothing more. The only words he uttered were when he gave me instructions for his bogus ROM exam and to push forward and backward on my legs. He also did not ask a single question. Not one.
  9. I have to admit I was quite suprised by what was in the DBQ. My appointment was so fast I thought he may have took a great deal of information from all the evidence I submitted. For this claim I submitted an IME report, my own personal statement in support of claim. A Statement from my spouse. SMR's and Civilian records and X-Ray report. I made sure I left nothing for chance but the examiner did not mention one single piece of medical evidence I submitted. While it is an accusation I cannot prove I believe the C&P examiner was for lack of a better word pissed off at the evidence I submitted and the Dr. Ellis IME in particular. I am willing to bet he very well could have had a number of decisions overturned based on an IME from Dr. Ellis. I will attach a copy of Dr. Ellis Curriculum Vitae. It is available on his website so I am not breaking any rules there. It is available to anyone. I uploaded his Curriculum Vitae on Ebenefits and faxed it in with my supplemental claim when I filed them. The DBQ is full of blatant lies and while I am not going to say the examiner is a liar I do not know what his motives were for doing he did with the DBQ. Well in the end I will have to redo the letter I sent because when I posted my earlier message I had thought I uploaded the letter only to later learn it timed out on the page and did not upload. That is ok......though. It will give me the opportunity give it a final edit and make sure I do not miss anything. CVDrEllis.pdf
  10. I called today and filed a complaint about an inadequate exam. I also created a memorandum for record and uploaded it to ebenefits and faxed it in as well. As I went through this exam it is clear this examiner is full of crap and pretty much lied throughout. I did not call him a liar but sure wanted to. inadequate exam redacted.pdf
  11. What you said makes perfect sense and after taking a closer look at the DBQ it is more than likely true. I am going to call the 800 number tomorrow to file a complaint for an inadequate exam. I think this DBQ was done in a certain way to try to avoid following certain required decisions. 1. By stating that I stated that I did not experience any flare-ups this gives the examiner the out of not having to apply Deluca. 2. By stating that I did not report functional loss this gives the examiner the out of not having to apply Mitchell 3. The examiner ignored favorable evidence which is in violation of Nieves-Rodgriguez v. Peak 4. The Examiner stated that there are only 2 clinical visits for my back. I submitted 9 with my claim. However the absence of service records is not negative evidence. Other evidence was available and not reviewing this is in violation of Bucyzynski v. Shinseki 5. The rater did not use a goniometer for ROM testing.
  12. In theory that is how it is supposed to work but we know that is rarely the case. Most of my other claims for the new(secondary)/increase were denied with the very same IME submitted and they gave a Nurse Practitioner full weight and my IME zero weight and it completed by a MD. The truth is I believe the IME I submitted is for the most part being completely ignored. I can say with absolute certainty that the most current C&P examiner did not look at it because he would not have tried to say obesity is the cause of my back issues. I am diagnosed with type 2 diabetes. In my IME my doctor gave me a nexus to service connect my diabetes by using obesity as in intermediate step. He said pain from my musckoletelal issues prevented me from exercising and that led to my being obese which caused my diabetes. I am currently 5'11 tall and weigh 270 and while I accept that is obese this guy makes it seem that my back would not hurt if I was not overweight. The thing about his rationale is that he just can't say my back issues are caused by weight. He would still have to give a valid opinion as to how specifically my weight is caused the back issues. He just can't say your back hurts because you are fat.....lol
  13. Here is my next question. Do I wait for the decision to come down before I file a complaint for a new C&P exam based on the errors that were made or do I call the 800 number and have them put in my record that I received a bad C&P exam and then fax the statement about it? Here is the breakdown on how my exam went. 1. My appointment was at 1 pm and at that time exactly I was called into the PA's office 2. When I sat down the PA asked me to tell him about my back. So I told him pretty much everything that is my statement in support of claim. (I am attaching) 3. The PA then asked me to stand in the middle of the room. He sat in a chair on on side of the room against the wall. 4. He asked me to bend at the waist 3 times. After the first movement he asked me to bend further and I told him I could not because it hurt. He did not take a single measurement. 5. He had me sit on an examining table. He had me push forward with each leg as he provided resistance and did the same thing having me pull back on his hand as he applied resistance. 6. He then had me sit at next to his desk as he copied and pasted a bunch of entries. 7. Appointment was over. I was out of his exam room in less than 10 minutes. 8. at 1314 hrs he uploaded my completed DBQ. Redacted back statement.pdf
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