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

[boomer2]

I recently had a C & P for hearing and the audiologist put the wrong numbers in which would have cost me 10% when they rated it. I called her and discussed it with her and she did an addendum to the C & P and sent it in. I have not gotten the decision yet but it should be 30% for hearing loss. I would find out if you can call him and just say hey you made a mistake on the report.

[hendi]

Boomer2, thanks tried that, but because it is a VA contract doctor they told me to just contact my VARO.

[bobz]

10 years - can not be severed

20 years- permenant

Fraud these two do not apply

Does this mean if you have been rated for over 20 years it is permenant?

[hendi]

Does this mean if you have been rated for over 20 years it is permenant?

Yep, the only way they can take away your rating is if they can prove Fraud.