Has This Happened To Anyone?

[Woody7810]

Arrived at C & P Exam and was met by Dr. and his first statement was You here again Mr. xxxxx ?

4th exam with this same Dr. Two of his decisions were overturn by Regional Office. because he didn`t look at all of the evidence.

During exam he was rude, and didn`t ask any questions. Forced me to the point I could not take the pain anymore in Range of motions on my leg I had to stop. This C & P was ordered again for certification for the BVA.

I received the report of the exam from the hospital yesterday. He lied. Incorrect date when condition started,

Knee range of motion 0 to 190 degrees? I thought ROM was 0 to 150

negative anterior drawer and lachman test

negative McMurray test -- this test was also performed two weeks before by physical medicine and they gave me a steroid injection in the knee

but what he wrote in this report is very disturbing. " The patient appeared to have symptom magnification during the left knee exam". " The patient appeared to have symptom magnification during the left ankle exam". I had to look that up. He then says " Aging and overweight play a significant role in causing degenerative changes in the left ankle. Overweight also plays a role in causing pain in the left knee."

His current left knee and ankle conditions are less likely as not a result of hallux valgus or surgery related to left hallux valgus".

No mention of my Left lumbar radiculopathy SC 10% or Lumber disc Herniation L3-4 and L5-S1 SC 10%. I am getting info together to support this claim. But what do I do?

I believe he discrimated against me. AGE and Weight. And also I believe he slandered me. Symptom Magnification.

[Woody7810]

Thank you for the suggestions. I thought it was strange to see the same Dr. also. Maybe that was the reason I asked for the exam report. And I will speak to the Patient Rep.

I have seen first hand a lot of mistreatment at this VA hospital by some of the staff. It is as if they are better than Veterans needing help. Most of them do not have a clue that the reason they are Safe to do their job is because 1 of those vets they might be mistreating did a Mission while on Active Duty.

[stillhere]

I agree with John the only support at this point would be to find a private doc and get an independent opinion. Of course you could notify the BVA and send a statement that the RO sent you back to the same doctor to handle their remand and you find his exam as bias!

[john999]

I am pretty sure the VA is not supposed to send you back to the same doctor for a new C&P exam. I would complain to patient advocate. If that does not work I think it sets you up for an appeal. I appealed one of my exams as being biased and the BVA agreed. I got a new exam which was just as bad since they had put the word out on me at my local VAMC. That is why I got the IMO's. Best money I ever spent.

[Woody7810]

Just to update everyone on what is going on with my claim.

Since this last C & P exam when I had the bad run in with their VA doctor, I had contacted the Patient Rep. at the VA hospital and I voiced my concerns.The Rep. put me in touch with the supervisor of the dept. which unfortunally did little good. I was told that this was the Dr.s exam and the dept. was supporting the Dr.s statement. I was told if I had any more complaints feel free to contact them. ( This was nothing but a snow Job )

Following the advice I have read on this board, I wrote a formal letter ( with my wife`s help ) to the regional office. In this letter I stated the Bias nature of the Dr., I gave the different dates of C & P exams I have had with this Dr., Which was a total of 5 different exams and the outcome from each and every exam. And then with help I was able to point out every muscle and nerve that has been affected in these Joints. I then requested a new exam with a different Dr.

I sent this letter to my DAV rep along with a copy of a letter from Voch. Rehab. stating that because of my service connection disabilitys it is not fesiable for an employment outcome, I am on an ILP which they are working on making modifications around my home.

The hospital called me on the 19th to set up a new exam with a different Dr.

Thanks Had it, Next, I am going to view My C-file and request a copy if it is correct before it goes to the BVA on my appeal

[Woody7810]

Well, had my new C & P exam by a different Dr. at same location and according to him I am in excellent Health!!!!!!!!!! On the 10th of this month was the exam and he made the statement , The patient has had no surgical procedures since surgery in 2007. He has not complained about condition untill 2009.

I had same day surgery on the 4th of this month ( epidual ) , and this C & P was a remand from the RO so this appeal can be certified to go to the BVA. The claim dates back to early 2007.

So much for him looking at my C-file, even though he said he did.

Looking for a good Dr. for an IMO.

Hopefully they will approve my TDUI now which has been on hold since March 2010 on a NOD.