Examiner Simply Did Not Have My File...

tk3000 · May 18, 2012

Hello Folks,

I missed the deadline of an appeal (some confusion between me and a service officer), have then to file a new claim (for increase) just to get things moving. I have a plethora of medical evidence, documents, and information on my file which should have more than necessary and sufficient information to warranty a higher rating (currently 10% for GERD condition sec. to pain killers). Have been prescribed even inhaler to cope with such condition (what I used sporadically) and paid a visit to ER a couple of times the last few years in function of chest pain which then was diagonsed as GERD. Recently I had a compensatio exam (no point in having such exam to begin with since such condition should be under appeal and I would naturally win such appeal). In such C&P I had a misturned to bring a record of a recent visit to the ER (though it could be a heart attack) but it was diagonsed as costochondrits in that particular episode (not GERD); but again there has been several occasions where chest pain and even severe chest pain (thus me going to the ER) was diagnosed as being caused by Heartburn. My medical records speak for themselves in very clear, consice and coherent way.

Now the crazy thing is I went such C&P exam and the examiner seemed fair innapropriate to begin with. At the very first 25 minutes shed had a file on her hands (supposed my file) that she was looking for assuming that it was my file, but after about 25 minutes she found out that it was the wrong file. She then went to the back in order to bring what should be my file, but once returned she stated that my file had been sent to a different medical center and that she would progress with the exam without my file. In other words she did not review my, she did not even touch my file and in fact she had absolutely no much of a clue about all the vast recors and evidence pertinent to my case present on my file and how they relate to that particular condition. Is that accpetable for an examiner to proceed with a C&P wihtout my file and records, information and evidence therein?

To make things much worse such examiner concentrate her conclusion on the fact that I had a recent visit to the ER (assuming it could have been a heart attack), but in that particular case and episode it was diagnosed as been costochondrits which is nothing but an isolated episode which is ultimately nothing compared to a vast history chest pain related to heartburn and my other heartburns symptons as be verified on my file.

Is that C&P valid to begin with considering that such individual deliberately acted against me, but did not even have my file to begin with.

tk

71M10 · May 18, 2012

A C&P can be done without the records, and they have to state in the exam they didn't have the records (which pretty much makes it useless). What you will run up against when the VA trys to split legal hairs is that for examinations for increase, they are assessing your current condition that day. So they can claim the records are not nearly that important.

You indicated at the end of the message that an idividual took an action against you? Not sure I understand what you are trying to get at.

I would send a letter to the VARO asking for a new C&P with records. In it, indicate you were 25 minutes into the exam before the examiner realized they were working with the wrong patient record. Also indicate there are current medical records in the file that should be considered in relation to the current status of your condition(last 2-3 months or time periods that are referenced to in the ratings schedule for your condition).

Best regards,

tk3000 · June 1, 2012

A C&P can be done without the records, and they have to state in the exam they didn't have the records (which pretty much makes it useless). What you will run up against when the VA trys to split legal hairs is that for examinations for increase, they are assessing your current condition that day. So they can claim the records are not nearly that important.

You indicated at the end of the message that an idividual took an action against you? Not sure I understand what you are trying to get at.

I would send a letter to the VARO asking for a new C&P with records. In it, indicate you were 25 minutes into the exam before the examiner realized they were working with the wrong patient record. Also indicate there are current medical records in the file that should be considered in relation to the current status of your condition(last 2-3 months or time periods that are referenced to in the ratings schedule for your condition).

Best regards,

Thanks for your response, and sorry about the absence of any follow up so far. Actually it was a mistake I made and the examiner took advantage it to its maximum effect. In the past I went to the ER due to chest pain, and few times it was diagnosed as been GERD (it may have happened 4 times in 5 years). Very recently I went to the ER for chest pain but the diagnose was not GERD but something else (costochodrits) and I did pay attention and took the discharge papers with me. So basically examiner who have no clue whatsoever about my condition wrote the her whole diagnose or medical opinion talking about such fact (that the chest pain was not due to GERD) as if it summarized and surmised everything about such condition. That was a single and isolated episode, for what there is a pattern that in the past several incident of GERD sever enough to cause chest pain.

Part of the reason for what I have not even read these particular hosp. discharge papers is given the fact that at some pont one simply do not care about decision that take place at the regional office level since more likely than not the crooks and cronies who work there will likely deny it no matter what (some of them should spend at least 25 years of their life in jail for abuse and fraud, but where there is impunity there will always be fanfare and carnival for criminal activity)

I will follow your advice and contact them via IRIS.

Thanks!

tk

carlie · June 1, 2012

tk3000,

The examiner does not have to have your claims file or SMR's

on a claim for increase.

If there are additional medical records that you feel should be considered

it is your responsibility to either submit copies or inform VBA of this evidence

and submit signed ROI forms for them to obtain copies.

Even if it is medical records at a VAMC - you need to tell VBA about these records.

JMHO

JT24usn · June 1, 2012

tk3000,
The examiner does not have to have your claims file or SMR's
on a claim for increase.

If there are additional medical records that you feel should be considered
it is your responsibility to either submit copies or inform VBA of this evidence
and submit signed ROI forms for them to obtain copies.
Even if it is medical records at a VAMC - you need to tell VBA about these records.

JMHO

Ditto on Carlie. Claim folder not needed for increase, unless it's PTSD

tk3000 · June 2, 2012

tk3000,
The examiner does not have to have your claims file or SMR's
on a claim for increase.

If there are additional medical records that you feel should be considered
it is your responsibility to either submit copies or inform VBA of this evidence
and submit signed ROI forms for them to obtain copies.
Even if it is medical records at a VAMC - you need to tell VBA about these records.

JMHO

Carlie,

I submitted all the medical records and evidences a long ago in concocted and concised way, and all such evidence and information has been with the Regional Office for a few years now. There is more than necessary and sufficient information on my file to grant an increase, thus the VA itselt establised a CUE of a previous decision; but at the very end claimed that the CUE did not happen. I have material evidence that the VA itself established and created a so called CUE to address such issues. The previous rater did not even know the meaning of words in the English language; they decision was by all means pathetic. I only filled a claim for increase in function of confusion with me and my service officer about the deadline for file an appeal. The last C&P was by all means pathetic and ridiculous, not only the examiner did not have any clue whatsoever about my case but in reality she reading somebody's else file assuming that it was me, which makes it dramatically pathetic. It seems that if someone has to render any opinion about you, they should at least know who you are; and according to any principle of justice should render a fair and impartial opinion, not a distorted and disconnected one . Having said I could easily prove in a court of law (wish I could sue these crooks) that they previous decisions and machinations are nothing but a deliberate and proactive attempt to jeopardize my legal rights, and they should face criminal charges in any civilized western country.

tk3000

Edited June 2, 2012 by tk3000