Dbq Errors From C&p Could Cost Me Any Advice

[hendi]

I have been rated at 50% for over 10 years (40% right knee extension 30 degrees – 10 % scars – 10% lumbar spine). The problem I have is with the C&P exam for my knee and back.

Both were done on the DBQ forms. The doctor only took 2 measurements (one for knee flexion - one for back flexion), my knee flexion 30 degrees (I agree with this) but he put on the form that I had 5 degrees extension, my knee is in one position (I could not move it forward or back from where he took the measurement). I have no idea where he came up with this measurement. The other measurement was my back, he had me stand I barely could move forward, but he put that I could move forward 60 degrees flexion.

Since then I went to the VAMC for severe back pain, they took x-rays and it showed I have severe degenerative osteophytes and sclerosis of my lumbar spine. I saw my PCP, and asked if he could evaluate my ROM on my knee and back. He put in his notes I have a ROM of only 50 degrees extension on my right knee, and I only had 15 degrees on forward flexion for my lumbar spine. My PCP is an ex-C&P examiner.

I went to the VSO and they said I should not send this information to the VARO (it would slow down my claim), that I should what until I get a rating back. Do you think I should send this information by mail or go to ebenefits, and upload a copy of my PCP notes? The C&P doctor did one thing good on the forms he stated I would not be able to work because of my knee and back. I had to stop working 3 years ago because of my SC disability.

It seems insane not to get ahead of this, before I am denied or re-rated lower for an obvious error.

The C&P exams were done with a VA contracted doctor.

Army 1966-1976

Edited May 22, 2013 by hendi

[rpowell01]

I could be wrong but I know others should chime in on this but 10 years locks you in.

[hendi]

Thanks I know 10 years locks you in for SC, but they can re-rated lower anytime before 20 years.

I sent the VARO a letter today and said nothing about my C&P exam. I only put into the record what my PCP had in his notes and the x-ray information, as if I were just adding to information for my increased claim. I copied notes from My Heathvet, and sent copies of both my PCP and x-ray results.

Edited May 24, 2013 by hendi

[rpowell01]

You have a right to contest the C&P report/exam before a decision hendi. You can rebuttal anything on the report as long its not something that deals with medical decisions/opinions. Example as in my current claims that I am contesting: If the C&P Examiner didn't write down any ROM measurements nor verbally recorded them then you can contest it. If the C&P report shows you answered questions that were never asked to you, then you can contest it.

Write a Sworn Statement on a Statement of Claim form. Don't complain about the exam, just tell the facts about the exam. Be polite in the the statements and just tell them you would like an honest exam with honest reporting of facts. This is what I did. BTW my wife was in the room so she also wrote a sworn statement.

I just read something from CAVC about this and how the veterans appealed because the C&P examiner was a ARNP who is does not hold a degree to the level of a medical doctor. I think he won but I can't remember.

If you don't mind me asking was your C&P done in Ft Myers, FL?

[hendi]

rpowell01 - No it was done by a VA contracted doctor, in Fresno California. He was so busy that day, he only spent about 10 minutes with me.

He was doing the DBQ as we spoke, I think alot of what he was doing was letting the program default to the min. ie: pain when moving leg NO, were did pain start on ROM ZERO etc. So he made a lot of mistakes, because he was in such a rush. These guys get paid per DBQ not the quality of the DBQ. But, he counterdicted himself when he said I had very limited ROM and was in pain, when I walked with a cane and a severe limp favoring the right side, due to narrow gait. Who knows what the rater will think. Hopefully they will see the inconsistencies.

[rpowell01]

Like I said you have a right to rebuttal the DBQ report as long as its not of medical answers. If you rebuttal that you were not able to bend that is not of medical opinion that is a fact on your part.

I hope it works out for you and if not then don't let it get you down. File your NOD by DRO and if that fails take it to the BVA.

Myself I am just waiting on my decision then I am sending my C&P report to a few Congressmen along with sworn statements. Then am going to make some calls to some well known media outlets to see if they would pick up this kind of story. The truth has to be told because Veterans are being lied about/on and because of a few Veterans that want to ruin it for the rest of us and for the VA to take it out on us is wrong.

I will be researching the Duty to Assist law very deep and will be researching any court cases based on this law to see the outcomes.

Somebody told me once, instead of getting upset just use that energy to work on your case. Don't let it get you down, that is what they want you to do....

[hendi]

I have been through the NOD twice. As they say "been there done that". Total time was 6 years (1999-2005). Went to BVA, and once the judge got the file closed within 2 months in my favor. They were worried I had a sure fire CUE claim.