tdiu Question About C&p Doctor's Inaccurate Report

[Tayi]

Hi, I'm new here, and I want to apologize if this has been addressed somewhere already- I searched but couldn't find anything.

I have a problem that I hope someone here may know what to do about.

A little background history: I served in the Army from 2003 to 2005 when I was medically discharged for a chronic pain syndrome. I applied for disability and was found 40% disabled for fibromyalgia (which if you don't know is a pain thing like arthritis, only not in your bones, it's in your muscles and ligaments). I also have 30% for depression and 10% for GERD/IBS. Earlier this year, I worked with VA Voc Rehab to try to get a job, and they found that I was not employable because of my health. After they gave up on me, I went to Oregon State Voc Rehab, and they tried some different things, but in the end they also concluded that I was not employable because of my health and reccommended that I apply for Social Security. I applied for SSDI and at the same time I applied for Individual Unemployability because of my fibromyalgia.

I had my C & P exams in the middle of September, and I got my decision really quickly, about a week ago. I wasn't even able to get a copy of the exam results until today. The VA decided that not only was my fibromyalgia not so disabling that I can't be employed, they reduced my disability percentage from 40% to 20% based on the C & P doctor's report. I kind of freaked out when I read that, but I freaked out even more today when I read what the doctor had actually written.

In several key areas, this doctor recorded things about my condition that are completely false. I don't want to say he was lying; he seemed like a nice man; but this record says that I said things that I never said, and says that I didn't say things that I did say.

For example, he wrote that I reported no pain in my lower extremities. What I actually told him? The pain in my lower extremities is so severe that it limits me from standing or walking, and I get stabbing nerve-damage-pain down my legs to my feet at random (frequent) intervals.

He wrote that I reported no incapacitating eposides because of pain symptoms in my lower back/ lumbar spine area. What I actually reported was that I went through a month long work trial program with the State of Oregon Voc Rehab and every single day the pain in my back was so bad that it prevented me from performing either some or all of the tasks I was supposed to do, including 4-5 days (in a single month) when I couldn't even get out of bed.

He listed a bunch of tender points that I supposedly reported didn't hurt (fibromyalgia is diagnosed by the presence of pain at 18 specific tender points all over the body). I reported that they did hurt. He wrote that my symptoms are intermittent and occasional; it's been four straight years now that I've been in pain without a single break. It goes on; I would say maybe 75% of his report is completely false. It's like he examined an entirely different person.

What do I do now? Is my only option to appeal? Do I just send in a letter that says, "I appeal," and wait for another exam and hope that this time the doctor doesn't lie about me on paper? Should I try to hunt down opinions from other doctors that say that I do in fact have pretty severe symptoms, and try to put to together a whole case proving my side of the story? Would they even read it if I did? As far as this doctor engaging in what I think is fairly unethical behavior, is there some process whereby I can alert the VA so more people don't have to deal with this guy? Is there some way to get, I don't know, an addendum added to my medical records that says that I vehemently disagree with his statements?

Thanks for any advice you have, I really appreciate it.

Tayi

[Ricky]

Tayi - what was the specific reason in the decision to reduce your disability level?

[71M10]

Could Is this one of those instances where the computer aided exam has a standard response set up? If the examiner didn't make an entry does it show up as no complaints?

I thought I recalled a discussion on this board or some other one about predjudicial responses being the default answer instead of a response that would indicate the eximiner made no entry.

Best regards,

Tyler

[bobbyq]

First, foremost, and Tomorrow ASAP put in a 21-4138 and tell them you disagree with their findings. That puts a stop to anything they have in mind and you stay where you are. Next tell them that the rating exam is flawed and that you have major issues with it, write each issue down and what your contention is. This wrong because I did not say that etc., ask for a copy of the report from your VAMC FOIA so that you can argue each point. Then ask them to reschedule your exam. That is why if you are married it is important to take the misses with you and she can verify what is said. Good luck. Q