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Misuse Of Words On C&p, Will This Hurt My Case?

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combatcamera

Question

I had a C&P exam related to sexual trauma and I said to the therapist, I think he was going to try and rape me and she put that I said he tried to rape me. Then for my combat experience, she wrote down the location wrong. Both of these things conflict with my statements. Will this hurt my case?

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  • Content Curator/HadIt.com Elder

Thank you and I hope you're right. What kind of errors are there if you don't mind me asking?

Here's an example based of range of motion (ROM), which is used for a variety of different type of claims. If the ROM values are not correct, it can cost service connection altogether or even prevent being given the correct percentage.

Accurate: C&P exam doc enters a range of motion of 4 mm

Inaccurate: The decision letter from the RO says 34 mm (which is nowhere on the C&P results)

My first response below was to find out how far along your claim is. John summed it up nicely. :)

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Here's an example based of range of motion (ROM), which is used for a variety of different type of claims. If the ROM values are not correct, it can cost service connection altogether or even prevent being given the correct percentage.

Accurate: C&P exam doc enters a range of motion of 4 mm

Inaccurate: The decision letter from the RO says 34 mm (which is nowhere on the C&P results)

My first response below was to find out how far along your claim is. John summed it up nicely. :)

Well it's in the notification phase.

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Thank you and I hope you're right. What kind of errors are there if you don't mind me asking?

Different answers to questions than what I gave, statements that they said or did things they didn't, other info that doesn't even seem to pertain to me at all.

That's what I recall- been awhile since I pored over them.

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  • HadIt.com Elder

My rating didn't even make sense, but I got TDIU. If you expect the VA to do things in an orderly and logical way forget about it. In my rating decisions it often looks as if an sixth grade drop out wrote it up. The thing is to get the highest rating you can. If they say you have two head and grant 100% then that is OK.

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I think the professional digital rectal examiner NP that did my C&P must be writing herself some heavy duty painkiller prescriptions. She systematically left out, distorted, and falsified information from beginning to end of my examination. I did write a short note on a form 21-4138 (on VONAPP) pointing out that the report and opinions (or speculation) by the examiner were grossly incorrect to the point that possibly somebody else's examination was mistaken for mine.

However, thanks to sage advice like you're getting here from some knowledgeable folks, I will wait and see what the decisions are before I get into a point-by-point disagreement; it makes sense that disagreement should not be detailed until there's a need for an appeal. My gut instinct had been to just lay out every incorrect or inaccurate statement and present evidence to disprove them, but then what would be left as grounds for a DRO hearing or NOD should it be needed?

Best of luck with your claim, hope you get the rating you deserve.

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