tdiu C&p Doctor Lied......now What?

[SSGmajik]

I recently posted the same topic a few weeks ago, but I wanted to start a new one with some updates and get some opinions on what to do.

Here we go.........

I filed for TDIU in October after I was medically retired from my Government job due to my service connected disability. I had 3 neurosurgeons, a spine specialist, and my pain doc all recommend my retirement to my service connected condition getting worse and is now considered "inoperable" due to the high risk of the surgery. I had a C&P exam in November at the VA and when I went in the doctor asked me if I knew why I was here and I stated because I filed for TDIU, he said that is correct and read off what he was going to examine and that the VA should receive his findings in about 30 days. He started off my doing the knee reflex tests on both knees. He then examined my scar on my lower back, measured it, and then had me bend forward, backward, and side to side to take measurements. I can barely move do to all the pain and I also have to use a cane to even walk! He the said I could sit down and that he was finished and that was all he needed. I figured since this was the main reason I was medically retired that was all the VA requested to be examined.

So, as time went on I went to the VA to get a copy of my medical records as a I do every 3 months to keep up with all my conditions and what the doctors are stating in my records. I noticed my C&P results and the doctor had flat out lied in them! He said I was not in any pain when he examined me and lied about my range of motion exam. All the neurosurgeons and the spine specialist all stated how my condition is getting worse, but somehow the C&P doc thinks I'm getting better! My scar is very sensitive since and he said that it was not even though he did not touch it, he only measured it off to the side of it! He then put that he did a pin and prick test, strength test, straight leg test, examined my neck and measurements, and various other things, but he did not examine me on any of them! All the things he stated are going to screw me! Everything he put in my results will probably lower me from 70% to 40%!

I requested a new C&P, but we know that's probably not going to happen! I contacted my congressman and they are willing to help, but I'm not sure if I should use him now or wait until my results. I also contacted the VA facility that I had my C&P at and they said I can request an amendment to the exam, but not on the whole exam just a few things, because the VBA does not let them throw out the whole exam! I also sent a "statement of support for my claim" with all my supporting medical evidence and their letters of recommendation on my medical retirement. The only problem is they never put measurements for my ROM, but I still don't understand how my condition is getting worse, but the C&P doc said my ROM has improved!

Any help or advice would be greatly appreciated!

Thank You,

SSGmajik

[Berta]

"I requested a new C&P, but we know that's probably not going to happen! I contacted my congressman and they are willing to help, but I'm not sure if I should use him now or wait until my results."

It can add time to the claim but I would follow up on this if I were you.

I also contacted the VA facility that I had my C&P at and they said I can request an amendment to the exam, but not on the whole exam just a few things, because the VBA does not let them throw out the whole exam! I also sent a "statement of support for my claim" with all my supporting medical evidence and their letters of recommendation on my medical retirement. The only problem is they never put measurements for my ROM, but I still don't understand how my condition is getting worse, but the C&P doc said my ROM has improved!

How soon did they say the "amendment " would occur? Have you formally requested an amendment in writing yet . This is what you could fwd to your Congressman to make sure they follow up on the request.

Tell them exactly how the C & P was deficient.

[SSGmajik]

"I requested a new C&P, but we know that's probably not going to happen! I contacted my congressman and they are willing to help, but I'm not sure if I should use him now or wait until my results."

It can add time to the claim but I would follow up on this if I were you.

I also contacted the VA facility that I had my C&P at and they said I can request an amendment to the exam, but not on the whole exam just a few things, because the VBA does not let them throw out the whole exam! I also sent a "statement of support for my claim" with all my supporting medical evidence and their letters of recommendation on my medical retirement. The only problem is they never put measurements for my ROM, but I still don't understand how my condition is getting worse, but the C&P doc said my ROM has improved!

How soon did they say the "amendment " would occur? Have you formally requested an amendment in writing yet . This is what you could fwd to your Congressman to make sure they follow up on the request.

Tell them exactly how the C & P was deficient.

I have not formerly requested an amendment. I just spoke to the VA yesterday and they were going to mail the form out to me. The person I talked to me said I can request the whole C & P to be redone, but the VBA will not let them, but that at least I will have record of the request and that I did not agree with anything from the C & P. I just don't know if I should wait for the VA's decision on my TDIU or start now by trying to discredit this C & P with all my other medical evidence, even though they have all of my medical evidence.

As always thank you for your help Berta!

[rpowell01]

Just curious is there a law that says we cannot have recorders in the room during the exam. I might start doing this....

[hawkfire27]

We requested an amnedment to one of my husband's C&P which stated he did not have heart disease even though he has been treated for it at the VA for nearly 20 years and gets 7 different heart medications from the VA pharmacy every month. However, the amendment did nothing. They didn't change anything, just said that the original C&P was found to be true and correct. Then I found out that the person who does the amendment is the original C&P doctor.

Sorry don't mean to be a downer but your congressman would be your best bet. And get teh congressman involved before the case is decided, otherwise the congressman will just tell you there is an appeal process, and you need to have an open claim for them to help.

[SSGmajik]

We requested an amnedment to one of my husband's C&P which stated he did not have heart disease even though he has been treated for it at the VA for nearly 20 years and gets 7 different heart medications from the VA pharmacy every month. However, the amendment did nothing. They didn't change anything, just said that the original C&P was found to be true and correct. Then I found out that the person who does the amendment is the original C&P doctor.

Sorry don't mean to be a downer but your congressman would be your best bet. And get teh congressman involved before the case is decided, otherwise the congressman will just tell you there is an appeal process, and you need to have an open claim for them to help.

Thank you! I got my congressman involved and I hope it helps! This doctor cannot be allowed to evaluate our veterans anymore! There's no telling how many vets have lost out on benefits b/c of him! I will do whatever it takes to prove him wrong! It's frustrating and the VA wants me to give up, but I will never give up! Thanks to everyone for their insight and recommendations, it is much appreciated!

[Papa]

SSg- I plan own waiting for the results of my claim before I bring up the fact that the "Doctor" made several mistakes on my physical C&P. They had me do an eye exam with a chart on the wall, and after removing my glasses, I could barely make out the largest letter, but on the report you would think I not only could see the smallest letter, but see through the wall, like Superman. I also did the movement test, and could barely move, and use a cane. According to the report I can leap tall buildings in a single bound. Like you it will be a cold day in hell and I have been there, before I give up.

Papa