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ptsd Can You Have An C&p Examiners Results Legally Stricken From Your Claims Case?
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emptyshell
I am in the process of writing to BVA to have them reconsider their decision to deny my increase for L2-L3.
I had a C&P dated March 9th,2008 I was supposed to be afforded an Orthopedist and a Neurologist (remand order that has been in affect since 1994 by BVA) Anywho...Dr. P was very thorough with the exam.
Forward flexion= 10 degrees
Extension =10 degrees
RT and LT Flexation =7 degrees
rotation RT and LT = 25 degrees
Sitting/ lying straight leg raises= 50 degrees
Now.... following this exam about two weeks later...I went in to have my prostate removed due to having cancer. About a month after going through the prostate surgery..I get a letter from RO wanting me to come in for an appointment.
DID NOT STATE THAT IT WAS AN FOLLOWUP ON THE PREVIOUS C&P EXAM. The first exam was very extensive...so why???
I came in thinking it was for a c&p exam for PTSD which I also had filed for.
When I got the the appointment I was informed they needed more evidence for my Lumbar claim...Huh? was suspicious right off the bat.
My wife and I go into the appointment. The examiner is sitting across the room at their computer. Basically asked me a few questions regarding my back pain and lumbar issues. The examiner(ARNP) wanted me to get up on the table and I told them I could not. The examiner(ARNP) came over to where I was sitting and pushed down very firmly on my head and I reacted in pain. They tried to force my head down to a forward position. I told them that hurt and that I was finished with the exam and walked out.
About a month later..I get an SOC stating that the later examiner stated
Forward flexion= 40 degrees
Extension= 20 degrees
RT and LT Flexation= 20 degrees
Rotation RT and LT= 20 degrees
Leg raises=90 degrees
The examiner(ARNP) stated I got up on the examiners table to do these 90 degree leg raises showing "No signs of pain." I never even got up on the table!!! The examiner(ARNP) only pushed down on my head!! That is it!!! I was still trying to recover from the surgery. Examiner never reviewed my medical file because they would have realized that I really could have NOT performed better than my previous C&P exam 3 months earlier.
I found out through talking with other VETS that "this examiner" is used as a "Trump card" to setup vets to a lower rating. I heard that one Vet was going to start a class action lawsuit against this individual. I really don't know if thats possible.
What really irks me is the fact that BVA decided my case using this examiners(ARNP) findings and diregarding the more thorough C&P eval with the Dr. from March 2008.
I am writing BVA to have them reconsider, but I am asking all you knowledgable vets out there if this has happened to you and what you can do to fight against an examiner who is out and out lying through their teeth.
I feel they cheated me out of a fair and just rating.
Can I have this examiners finding thrown out of my case???
I have my wife who can cooberate I was never put through the exam as they state. I can prove that they DID NOT look at my medical history. I can send BVA records of my surgery just prior to this exam and why I couldn't have performed better than the first exam. What have you done in this case or what what you do in this case???
MAD AS HELL!!!
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