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C/p Exam Got The Facts Wrong Need Advice

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oldman273

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I have had it with the lot of C/P exam people here in my area. I just got the C/P exam notes from my Increase request for Migraines secondary to SC Hypertension. I had my wife go with me and the Folks there did it again. I have my wife as witness if that helps but the C/P exam person stated I had had Hypertension/ migraines since I was 17 years old. Needless to say I have to correct this as my documented hypertension and Migraines were while I was on active duty. I was around 21 at the time. Any ideas I have an appointment this week with my Neurologist this week. I am rated 30% but here in the last 4 months I have been on oxygen which has cut down my trips to the ER except when I have to get the injections. Any ideas All of my case history for hypertension is well documented and here goes this person trying to hose me in a C/P exam. Again thanks I have the appointment and had thought about going down to records and see if I could make a statement or have my response put into the records along with my wifes. I thank you all for any thoughts on this but I feel like I am going to change hospitals. Have a good day

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I thank you all for any thoughts on this but I feel like I am going to change hospitals.

oldman,

One time years ago, I changed hospitals.

Within a few short months, I wished I hadn't because the

one I changed to was much worse than the one I left.

JMHO

Carlie passed away in November 2015 she is missed.

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oldman,

One time years ago, I changed hospitals.

Within a few short months, I wished I hadn't because the

one I changed to was much worse than the one I left.

JMHO

Thanks I am going to ask around and seewhat others who have been there before I do it. You have any ideas on how I can contest or add a true statement to what the VA C/P examiner put down? I have an appointment with my Nuerologist who is familiar with my history and not this guy. Thanks for your advice I will post the issue on down in the forums and see what any others who might have switched. Thanks again

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Thanks I am going to ask around and seewhat others who have been there before I do it. You have any ideas on how I can contest or add a true statement to what the VA C/P examiner put down? I have an appointment with my Nuerologist who is familiar with my history and not this guy. Thanks for your advice I will post the issue on down in the forums and see what any others who might have switched. Thanks again

I would write the examiner a letter. Type it if possible. Be polite but direct, like, "I'm writing to correct an error in your report of my C&P exam..." Send it Certified Mail. Ask him to file an amended report with the error corrected or an addendum making the correction.

If he says "no" then you have it on record that you told him he made an error. He might claim "he told me 17 during the exam" but then it's your word against his and "the benefit of the doubt goes to the veteran" (part of the law). [i'm not an attorney--just my understanding].

Good luck!

Joe

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I would write the examiner a letter. Type it if possible. Be polite but direct, like, "I'm writing to correct an error in your report of my C&P exam..." Send it Certified Mail. Ask him to file an amended report with the error corrected or an addendum making the correction.

If he says "no" then you have it on record that you told him he made an error. He might claim "he told me 17 during the exam" but then it's your word against his and "the benefit of the doubt goes to the veteran" (part of the law). [i'm not an attorney--just my understanding].

Good luck!

Joe

It's probably obvious but make sure to make a copy of your signed letter! Save that and the Certified Mail receipt -- do it with the little green post card that someone has to sign acknowledging receipt of your letter.

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I went through this a couple years ago. I wrote out what happened on a Statement in Support of Claim, saying what appointment it was, who the examiner was, etc. I wrote what the examiner claimed I had said in the exam report. Then I wrote what I had actually said, and that my husband was a witness.

I got back a letter from the VA saying they were investigating my claim & request for correction of a record. After a few months, I got a letter saying the records had been corrected.

The funny thing? The correction was reworded, but it essentially said the same dang thing. I was denied the claim, and I know it was based on the examiner's opinion.

I didn't pursue it because I was going through my PTSD claim at the time and didn't have enough enthusiasm. I'm going to reopen the claim with new evidence, so I'll get a new C&P anyway.

Good luck.

Let us be kind, one to another, for we are each of us together in our pain.

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  • HadIt.com Elder

The best way to rebutt a C&P exam is to get your own IOM/IME. For many years I depended (stupidly) on C&P exams to get increases. I have many C&P exams over the years. They are full of mistakes, prejudicial statements, lies, and pure BS. When I got real medical reports from IMO doctors who knew how to write a report I jumped from 30% to 70% within a year. I had been at 10% for 20 years even with much evidence of symptoms that supported a 30-50% rating. When I got 30% I should have got 50%. When I got 70% I should have gotten 100%. The VA consistently low balled me. Now I have 90% TDIU. It only took 30 years.

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