Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Another C&p Exam/farce

Rate this question


Jayg

Question

Hi all,

I know this is just SOP and I am not surprised about it. But I am very aggravated.

I had another C&P farce, er... "exam," yesterday. The examiner was testing for Range of Motion for my ankle, hip and knee joints and looking at my back. All those wonderful secondary conditions they have so far refused to even address as such.

Anyway. It progressed like something between the Spanish Inquisition & an Abbot & Costello show (with me as Costello of course). In the question and answer session, she kept trying to get me to say I hurt my knee at work. I kept coming back with the simple, true, statement that I had never injured my knee. I finally had to bluntly say "Look, I told you that I never did have a specific knee injury" and added that my conditions were a result of gradual degeneration over time and that it had just kept getting progressively worse until when I last got laid off, I could no longer get work. She dropped that line after that.

The range of motion testing was worst of all. She really went for getting that movement. Stopping at first pain? HAH! Not with that gal! Even loud exclamations of pain didn't stop her. When things didn't move far enough to suit her, she pushed the offending limb. On one or two occasions, she gave the limb a sharp shove. When one of those brought me right up off the table with a yell, she didn't go quite that far again. I kept saying "You pushed!" (or pulled, take your pick, she did both.) After a denial the first time or two, she didn't bother even protesting any more. Another time I had a back spasm that shot me right up too.

As far as I am aware, she is also supposed to take (only?) an average of 3 motions but she sometimes went 4 or 5, to be sure and get the numbers they want to deny would be my guess. She told me I wasn't even returning my (feet in this case) to "neutral" but where she wanted me to go felt an awful lot like pulling my foot up before even beginning. To, it was my luck that yesterday was an especially stiff day to begin with.

Anyway, you've got the picture. I am still miserably sore this morning and will likely be stove up for some days. She also had my blood drawn, and piss taken. A number of X-rays were shot and I am to be scheduled for another nerve test and an MRI of my lower back. I hope I can stand that. It makes me squirm just thinking of it.

There were only two things (to me anyway) that were a bit incongruous to the whole train ride. (rail roading) In trying to get her ROM results, she said "If you want that rating, we have to do this." It sounded out of character. For the record, I never tried to get her to stop the testing and repeatedly reaffirmed my desire to be co-operative and that I was doing the best I can.

The second thing, was that during questioning about my various joints, and my replies to VA's diagnosing, she would ask, "What was their explanation for the cause of this?" I of course kept replying "nothing, they said nothing as to cause" or idiopathic in the case of my nerves. I finally said that they had carefully and and unremittedly avoided making any comment as to origins of the conditions. To that she "hmmm'ed" and dropped that line of questioning.

Anyway. that's it. I'm still stiff and sore this AM and expect to be stove up for a few days. When she had quite done, I couldn't even put on my socks! (didn't bother trying either)

Thanks for 'hearing' me out. I just had to shoot this past you for your opinion (probably "nothing surprising") and, I confess, to vent a little. I am none too happy about this one already but, whatchagunnado?

Edited by Jayg
Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

6 answers to this question

Recommended Posts

Just a side note: Was your examiner a Dr? If so, were they accreditated or were they an intern, whose write up was reviewed and signed off by a suppervising accreditated Dr.? I found out the Dr. who did my exam, turned out to be an intern and the report that she wrote up was signed off by a suppervising Dr. who I know has never seen me before and who probably hasn't even reviewed my records to compair the examiner's report against.

I think I have been lucky in one respect, my PCP is on my side and has said they will look everything over and will see what she can do to help me out, since she has suggested that she feels the examiner was incorrect in her evaluation and opinion.

I had a similiar ROM experience when I went to the mobility clinic that examined me for a Kart. They had me poping out of my chair a couple of times when my knee locked up and it felt like they were trying to brake it. However, I did get my Kart, but like you, I was pretty sore for awhile and could get around much except inside my house for a few days.

Hope things work out for you as well as they did for me.

Rockhound Rider :angry: :D

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

Link to comment
Share on other sites

You need to get a copy of your C&P exam. If you do not agree with the range of motion (unless in your favor) file for an inadequate exam. The examiner is not suppose to assist you with your range of motion. IT IS FORBIDDEN :angry:

"Don't give up. Don't ever give up." Jimmy V

Link to comment
Share on other sites

  • HadIt.com Elder

What you do when the C&P doctor starts to move you around is scream in pain. That will stop them. They will always try to put you through full range of motion to see where you stop. As soon as they start to move it scream out in pain.

Link to comment
Share on other sites

  • HadIt.com Elder

Jay,

Now what you need to do, is get someone to drive you over to the VAMC ER and tell them that they have a veteran in their car that needs some kinda help......that the vet can't even get out of the car and he is in EXTREME PAIN, due to a viciously conducted C&P exam earlier this date!

Oh, and when they finally do get you horizontal, you need to do the "Fish-Out-Of-The-Water-FLOP".

moaning also always helps.

not that I would ever think of doing such a thing.........................no, wait, that's not right......'cause I just DID.

Edited by LarryJ

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • HadIt.com Elder

Larry

What you are saying is funny but true. When I was working for the post office I had a light duty job. My doctor told me if they order you to do something beyond your restrictions to attempt it then scream in pain and fall on the floor. The reason being is that they are like the VA. They are going to push you to see how far you will go and then use it against you. Being a good citizen does not work with these type of people. Think of all the vets who go to the C&P exam and when the doctor askes them how they are doing the respond automatically that they are OK or fine. That slip is put into the record as "vet self reports that he is feeling fine". If you dress decently they say "vet is well groomed and alert and makes good eye contact". If you have a depression claim that is all the kiss of death.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use