C&p Has A Lot Of Erronious Info - What Now?

[wilson17]

I requested and received a copy of my c -file, including the c&p exams. I was shocked. The doctor made many false statements.... things I never said, wrong diagnosis, even reported tests he didn't even perform. His answers to VA questions were short responses & did not detail the actual facts concerning my contentions. There was a lot of erronous info in his report. This was an exam contracted out to QTC. Is there anything I can do? I read somewhere that there is a form that can be sent in, requesting the VA corrects erronious info in your file. Is this true? And does anyone know what form it is? I already received my initial award, but I have two contentions deferred, and part of the incorrect info concerns those contentions.

[Chuck75]

In my opinion, strictly as a private citizen, you have some options. First, you can and should - in writing, (Certified Mail, Return Receipt, etc.) tell the VA that the C&P is deficient, and why you believe so, including any refuting and/or pertinent medical evidence and records, and a written copy of the C&P if you have it. The VA's usual response is to schedule another C&P. It sounds like the C&P likely did not conform to the VA's C&P "guide" for the particular C&P. (A large number of C&P's actually don't, and that causes other things to supposedly happen within the VA. An internal request for "clarification" or completion is just one.

IMO's from an "authoritative source" can completely counter a C&P. In an ideal situation, the IMO can address, point by point, the problems in the C&P. Since the C&P was from an outside source, your VA PCP (if you have one) may (or not) be willing to write something in your favor. An IMO from a "Board Certified Specialist" in the appropriate specialty generally carries the most weight, particularly when the physician is on the staff of, and uses the letterhead of an appropriate recognized medical facility.

Since the C&P was done improperly? by an outside contractor, and the VA paid the contractor, there is a possibility that fraud against the government (and you) may have occurred, and "whistle blower" laws might enter into the picture. You will need to get good qualified legal advice and likely representation to get involved in this sort of thing. In theory, the VA OIG has a responsibility, but don't count on it to do much!

I'm not a fan of the current VA practice of contracting out C&P's, due to the way it's done.

After all, for starters, a treating physician should know a heck of a lot more than a non treating one.

In a Nehmer board review of my claim, the board stated that a VA in house performed C&P was incomplete and inadequate, even though it was more or less favorable, then went on to say that no additional C&P was needed or desired, due to the existing medical records and IMO's from treating physicians, and awarded all specific and implied claims, with an EDD based upon the earliest original claim date for one of the conditions. I did disagree with some of the percentages concerning "minor" issues, and appealed them. The examiner did acknowledge in the C&P that existing favorable medical evidence existed, and established statutory level and severity of the primary claim. To me, it was fairly obvious that the VA was trying to avoid a 160% situation.