Received C&p Exam Report....

[rpowell01]

And its not good. I was ripped apart by this C&P examiner. The good thing is my wife was in the room and lets just say there are things or questions on this C&P report that were answered but not by me. Meaning there are questions they are suppose to ask the veteran and are suppose to write down the response of the veteran. Not once was I ever asked these questions. Second, the C&P examiner said I had full range of motion in my neck and thoracic and lumbar. NOWAY JOSE....I couldn't bend my neck backwards, to the left nor forward that day because the pain that radiates down my right arm. I informed her that I couldn't but I tried. But she says on the report I was able to go the full ROM. I told her over and over, it must have been 5 times I couldn't move my head that morning because of the pain that shoots down my right arm. Normally I can move it except backwards. Something is causing it not to allow it to go backwards. Again wife in room and she is my witness. Third, Again like I said in previous posts that the C&P examiners purposely deceives the RO by leaving stuff out that is in the records and CFile. They only use what they want for their own good. I was expecting a nonfavorable C&P exam report but this one takes the cake. I respect doctor's final opinions on these reports, that is their jobs. But, to sit there and purposely lie like she did makes me wonder if 1. judgement was passed on my as soon as I reported for the C&P exam. 2. How many other veterans have these C&P doctors lied on the reports.

Myself, I can promise you this, I am not going to sit here and let this woman get away with this at all. Myself and my wife are writing up two individual sworn letters or on the 21-4138 forms and I am sending them to the Regional Office and I am requesting a NEW C&P Exam based on these lies and deceits this woman has done. I will express that I have a right to a truthful C&P Exam not for somebody to sit and NOT to record any of the ROM measurements whatsoever. I told JBasser about this and he said maybe she recorded it. Nope she did not record it verbally nor did she write down the measurements whatsoever. Unless that tool is connected wireless/bluetooth there is noway should could remember all them numbers. Remember neck x3 and back x3, EACH SIDE.

She lied big time and I am not going to sit here and let her get away with it. I am also going to write my senator and set up some kind of appointment with him. I am going to request to him that WE has veterans be allowed to have VIDEO cameras with us during C&P Exams. If the VA/Regional Offices are so sure these C&P exams are being done truthfully then I don't see a problem having a VIDEO Camera in the room recording the exam. Do you? If they are that truthful then why is having a camera an issue?

You will be seeing a website in the near future on all of these things I have brought up and mainly about using VIDEO Cameras during the C&P exams.

Again the "Duty to Assist" is bogus and with these C&P examiners blantantly lying on the reports is wrong and I hope they burn in hell because God and my Lord Jesus Christ are my witnesses, along with my wife to this fact.

[carlie]

Sorry the exam did not go well.

Perhaps an IME and IMO would be the best route at this point.

[rpowell01]

Carlie I already have an IMO/IME and she didn't even bother reading it. Her stated of the IMO/IME that is in the CFile was "Noted"....I think I understand what is going on now after I wrote that post above. I am service connected as "Cervical Spine Pain" and "Mechanical Low Back Pain". In 2011 I filed a claim for radiculopathy in my arms and right leg and it was denied. The reason is the C&P Examiner based that the Radiculopathy can't from "Cervical Spine Pain" nor Mechanical Low Back Pain" even though I have been diagnosed with Spondylosis/Osteoarthritis with every doctor I now see and previously seen. The VA C&P examiners are not recognizing my DDD/Osteoarthritis base its not service connected. The 2011 C&P examiner stated that the radiculopathy was from the DDD/OSteoarthritis. So then is when I hired Dr. Bash and filed my NOD by DRO. Well at the same time I filed these new claims and IU. Well the RO, instead of working on my NOD, which I think is more important, decided they were going to work on the new claims and just span everything out because of time. So there is where I think everything went wrong. So, these claims will get denied basing that my issues are not related to the Cervical Spine Pain nor the Mechanical Low Back Pain.

But what I don't understand is nowhere in C&P report showing DDD/Osteoarthritus as secondary to my Cervical Spine Pain original diagnosis but on eBenefits it is part of my current claim because they seen Dr. Bash's IMO that "connected the dots".....

Does this make any sense? How can the C&P examiner base my current issues on my current SC'd diagnosis? Well they can't because it all related to the DDD but the secondary DDD claim is not even mentioned in the C&P report. This doesn't make sense.

Let me read this whole thing, again, and see if I missed the secondary DDD on the C&P report. If its on eBenefits and not in the C&P report something is correct or isn't right.

Edited May 17, 2013 by rpowell01

[rpowell01]

Okay here is a good one that I know for a fact she LIED about.

3. Flare-ups

Does the veteran report that flare-ups impact the function of the thoracolumbar spine (back)? She answered NO. This is first a blantant lie because I have flare ups every single day. Second, she never even asked me this question whatsoever. EVER...

Next, she writes that I was able to bend 90 degrees!!!! on every sing one of them. And she said there were no painful objections during motion. AGAIN BLANTANT LIE because I complaint that I couldn't bend forward nor backwards because it hurt in the center of my back and in my legs. Again LIE. Every ROM she put the highest and NOT once did she write down the ROM nor did she record it on any device. As I read this I am getting more and more pissed. Sorry I have to go...

[carlie]

If your IMO has ROM measurements that support a higher evaluation

the decision maker is supposed to weigh that medical evidence in

with the VA'medical evidence and if the totality of the evidence is found to

be in relative equipoise (evenly balanced) then, application of the

benefit of the doubt is supposed to provide favor towards the claimant.

I'm sure that the credentials of the opinion provided by all examiners

would also be weighed.

Did Dr Bash do an actual IME and state ROM's ?

[71M10]

There is another element in play here that you maynot be aware of.

When the VARO sends the exam request to the C&P unit (or contractor), they will set the scope of the exam and have a list of specific questions they want answered.

A for instance in my case was: Please provide a medical opinion on secondary service connection for Urinary freaquencey due to cervical DDD/Arthritis. The doctor examined me and promptley wrote that my Uriniary dysfunction was less likely than not caused by my Cervical spine DDD/Arthritis. The problem was I had claimed it was secondary to my Thoracolumbar spine, cardiomegaly and diuretics for hypertension. I have prevailed on appeal!

In a sense the RO can set up a series of "Do you still beat your wife" type questions and control the substance of the resulting exam.

The other problem you are running into is that the EMR (Electronic Medical Record) and exam sheets will defult to a value/answer if nothing is put in. Instead of indicating - not asked, or not answered it will defult to Yes, NO or Normal.

If you have a solid IME/IMO and it is listed as evidence (sounds like the case) it will probably still carry the day for you. By all means send sworn statements as to the iregularities in the C&P exam as submitted compared to the actual exam. This should put them on notice that they need to read the record more closely.

[rpowell01]

IMO no ROM....And trying to get ahold of Dr. Bash is like me trying to get in to the see the President. The guy never answers none of his phones or emails. Oh well I have to go with what I got. I was hoping to be able to jump on a jet and go up to see him so he can do the ROM to rebuttal this C&P examiner's lies.....

I just hope and pray that the RO looks at previous C&Ps exams on my ROM because they would see I was honest as always. I will say I was having a real bad day that morning and I couldn't bend forward nor tilt my head. This is caused by the DDD. So the C&P examiner must have felt I was faking it. Such BS and I might call down there and complain to a supervisor to see if I can get an honest C&P exam.

Edited May 17, 2013 by rpowell01