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Can You Have An C&p Examiners Results Legally Stricken From Your Claims Case?


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Question

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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This happened to me. I fought for a new fair and impartial exam for over 5 years...Especially since the first year after my exam the nurse practioner was removed from ever doing C&P's at my VAMC. The only way to fight it is with an independent medical opinion/exam they will not change what the originator wrote, but you need to work on valid medical evidence to basically trump what the untruthful examiner posted. This is far more common than not.

Requests for reconsideration is a start...are you using a VSO? Or a laywer, or anyone to assist you?

Have you received any official determination of the awarding yet?

When my claim was awaiting BVA review I was informed I could send in any information to be included in my claims review that was new. So I did this . I sent a lot, all NEW. BTW BVA remanded my claim...never got my new exam I requested but awarded on other disabling conditions I had.

I know others will answer your questions here too, but stay tight and never give up. Fight on friend.

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!!!

Edited by halos2
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I think yes.. I had two exams from two different va doctors. The va said because the first one wasn't a surgeon. I had to do another c/p... guess what the second wasn't a surgeon either...

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  • HadIt.com Elder

The chance of having it thrown out are between slim and none. However, you can use evidence to dispute a bad C&P and my opinion best to ask for a new one. The VA almost always wants to use a C&P and they basically will use the last one over one that was done earlier.

Good Luck

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I demolished every C & P the VA gave for my claims.

Only one of them was done during the lifetime of my husband.I called the doc up and raised Hell when we found out the results and they had to give him another exam.I could hear the nurses looking all over for his records,as the exam was done in a different VAMC than where he was reated. The doc never had them when he did the exam.

"I think yes.. I had two exams from two different va doctors. The va said because the first one wasn't a surgeon. I had to do another c/p... guess what the second wasn't a surgeon either..."

BVA asked for a cardio opinion on my claim about 2 years ago. I got a PA opinion.

It was easy to knock it down and the BVA threw it out as it was too speculative and not from a cardio doc."

"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."

Absolutely ask the VA to reconsider!

Did the BVA decision mention the prior exam at all? Maybe the BVA didnt even have it.

I am a MF victim (MF ---Mysterious force who removes the good stuff from the C file)

I sent to the BVA copies of probative evidence and 3 IMOs that the VARO had completely ignored.I assumed the RO had removed this evidence as in my past FTCA experience when they transferred the file.

The BVA can only decide the claim on what the VARO sends them.

When I found some so called missing stuff in my claim a few years ago I was livid!~ But I used it all for my current claim.

The MF puts some of the evidence back into the file after they deny!

Halos is right- a strong IMO from a real doctor ( who as the expertise that the BVA asked for in the remand or who is certainly qualified over a NP

will nip this crap in the bud.

What gets me is that the last C & P examiner n my past claim told his Sec that I had a lot of evidence he needed to go through.But yet his opinion was speculative meaning he ignored the 3 IMOs (from a Neuro radiologist and a Neurologist) and the FTCA stuff and all of the extensive evidence in the file.

Then again he was only a PA and not a doctor with expertise in Neuro filed. I sent him a copy of my detailed medical response to his opinion as well as sent it to the BVA.The BVA threw his opinion out.

If your wife can give a witness statement by all means she should do that. She should add an oath to it-"I testify this statement is the truth as know it and I also know I can be penalized for any potentially false statements I make to the VA."

or use the oath wording VA does on our 526,534 applications.

Do you have an SO or vet rep?

Can you give us the docket number and citation number to the BVA claim?

I have my wife who can cooberate I was never put through the exam as they state.

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