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Countering An Inadequate Examination

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How do you demonstrate a biased opinion and inadequate examination. Had an ortho exam everything was stated as normal. The examination took place and my chair the goinometer was not used .My pain was never discussed nor documented. Would I be able to use this decision in support of my claim.

Delker v. Maass, 843 F. Supp. 1390 (D.Or. 1994. I would appreciate any suggestions.

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  • HadIt.com Elder

Dorothy

I don't know whether it would more effective stateside, but the last C&P that I had, I filed an immediate protest with Patient Affairs at the Manila OPC, and when that met the usual potted rejection, I then raised the level, and went to the Clinic Manager. When I still met BS there, I wrote to the SM at VARO, stipulating that since he was the coordinating officer with OPC for the quality and effectiveness of C&Ps, then maybe he should look into a totally ineffective internist, who didn't even know how to use a goniometer, or possess a percussion hammer, or any of the basic tools for doing an IVDS C&P.

I also pointed out that since I was already SC for both cervical and lumbar radiculopathy, bilaterally, that a lumbar MRI, and a lumbar EMG/NCV, was NOT going to satisfy the requirements of a competent examination.

I got a cervical MRI and a cervical EMG/NCV.

Don't accept incompetence. Fight it all the way up the Chain of Responsibility.

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Dorothy:

Wally makes some good points many Veterans do not use all the ammunition available even to including a complaint to the people who manage the incompetents. C&P's are done at VAMC's and they have thier own channels for a complaint which even include a hearing and a chance to really lay out a beef. I was given a Dental referral recently and asked the Fee Department for a list of Dentists that they were using near me which they said they could not provide. To make a lonmg story short a 5 minute talk in the Administrative Offices resulted in the head of Fee Basis pulling records to give me someone.

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