Confused With Latest C&p Exam

[4MR05C]

Hi all,

I'm new to this website as a member; but I've been here many times to read up on stuff in regards to my claim. I have a question that I'm hoping some of the more experienced members here can help me with, because I'm concerned that my last exam, which was yesterday (yes, a Saturday) was not done correctly, or by a competent doctor.

A little background first.... I have filed my first claim (since separating from the Army in 1984) in May of 2012. There has yet to be any decision on my case.

I have been to 5 previous C&P, none of which have been on a Saturday. This was at the local QTC offices here in Atlanta. This exam was for my claim for a secondary condition of my ankles (they are painful and occasionally, I limp from not being able to put a lot of weight on them.) The primary condition is that I had a shattered sesamoid bone totally removed from my right foot (its like a ball bearing at the big toe joint) which was not replaced with anything. Over the years, I have developed a way of walking that takes the pressure off that joint by walking on the OUTSIDE of my foot and shifting my weight to the other foot whenever possible, which I contend has caused my ankle problems on both sides.

Now, on to yesterday's exam: First problem: I brought in a pair of flip flops that I have been using this summer to walk in, she refused to exam them, saying that "those are going to do that." Well, no, cause it shows a clear wear pattern on the outside of my shoe.

Second problem, she wanted to see the shoes I had just taken off, well, these shoes are relatively new as I bought them last winter/spring and have not worn them much, she looked at them (entirely disregarding me saying "I haven't worn those much" and said "There's no wear pattern here." Well, duh, I haven't worn them much!

Third problem: When she asked if I had been to doctors about this, I forgot that I had been to see the podiatrist at the VA, for my foot issues (I don't think he made any notations on my ankles, he was more interested in coming up with a custom prosthetic for the bottom of my foot.) that when she asked me if I had gone to the doctor to see about my ankle, I said "No." to which she repeatedly said to me "So they hurt but not enough to go to the doctor?" (in an incredulous tone). My ankles have an ache damn near constantly, but not sharp stabbing pains all the time AND I have a VERY high pain threshold... (I had stitches put in my hand last year and the doctor hadn't numbed my my hand properly, so for at least a couple stitches, I felt the needle go in...and out and in and out - I didn't punch the doctor or anything.. I just gritted my teeth and let him finish. He even said that he was impressed that I could tolerate such pain). so, back to the lady doctor, she rudely cut me off when i tried to tell her that I have a high pain threshold and started scribbling on her notes (my medical records were NOWHERE in sight, btw) while I was trying to talk to her.

Fourth problem: She used her hands to rotate my bare feet around and around, and kept saying "give them to me" to which I explained that she was hurting me so I was resisting her), she just kept insisting that I ""give them" to her and didn't stop trying to twist my feet around.

Fifth problem, Now, I don't know what "repetitve use test" really is, but she never asked me to do any lifting of my heels or standing on my tip toes, she just asked me to walk about 6 feet from the chair I was sitting in to the wall of the exam room and back (three trips total chair to wall, turn, back to chair, and then back to the wall). That as the extent of the repetitive use exam.

Sixth problem, she eyeballed my feet/ankles when she asked me to push them down, wasn't there supposed to be a measurement taken?

Seventh problem: She looked at my feet from the back... while I still had my shoes ON. (isn't there supposed to be an exam from the back with shoes off?

Eighth problem: She did take out the goniometer and measure when she asked me to pull my feet up, and when I did, she asked (again in an incredulous tone) "Can't you get them to go higher?" To which I said "No." Also when she was doing the measuring, (the one and only time that she actually measured anything) she measured my left foot from the outside ankle bone and the right foot from the INSIDE (with out adjusting the alignment goniometer).

Ninth problem: She asked me how my ankles affected my work to which I relied that I was a student and ddn't stand on my feet all day but I had to walk arcross campus and that I had stairs to climb, but I also said, most of the day, I sit (which is the truth). Then she asked "Well, how did it affect your previous job" to which I said "Well, I was a paralegal" and she jumped in with a "So, you sat then too." And I saw her mark a BIG "O:" with a line through it (I'm assuming this was for how my ankles affected my ability to work).

Tenth problem: She's a gynecologist!!!! How is a gynecologist supposed to rate an orthopedic problem (and no, she has never been qualified as an expert witness or anything like that for ortho, I checked on-line.)

I did have x-rays taken and the x-ray tech asked me if I had had a recent injury to my ankles because they looked swollen to her, and I said, "No, that's just the way they are, all the time."

So, now that you've read this small book... what can I do to make sure my claim is done correctly and that I am examined fairly? (Which I do not feel happened here.)

Do I even have grounds for a complaint? Should I complain now or wait until I get a decision of some sort? Any help would be greatly appreciated. Thanks!

Btw, I found this online as a guide on how to test ROm in ankles: https://www.med.unc.edu/surclerk/medselect/resources/suggested-readings-for-subspecialty-clinics/rheumatology/Foot%20exam%20reivew_11-4-09.pdf

Edited October 20, 2013 by 4MR05C

[free_spirit_etc]

The thing I am finding more and more as I research is that they are probably not idiots. They often know exactly what they are doing. They might very well have noticed that the incident was in October. That is why they didn't mention it. Granted, they might not have noticed. But often times they do. They know exactly what to pretend to not notice. If they noted the October incident they would have to go through more trouble to deny the claim. It is much easier to just act like they don't see that.

I noticed in one of my husband's claims - the C&P examiner clearly stated that my husband underwent an x-ray of his sinuses on September 3, 1982 and the x-ray showed ethmoid and maxillary inflammatory changes of the chronic type.

The RO decision said - "A review of service medical records showed diagnosis of sinusitis in September 1982. A chronic disability associated with sinusitis is not shown by service medical records."

When I got my husband's SMRs -- I see he was treated for sinus problems multiple times. The RO acted like it was just that once, and failed to mention that the C&P examiner noted that the condition was shown to be chronic in service.

I don't think they were just being lazy, or being idiots - I think they were intentionally distorting the information in order to deny the claim.

My husband and I did not get married until April 2006. He died in February 2007.

The regulations for DIC state:

http://benefits.va.g...d_indemnity.asp

3.54© Dependency and indemnity compensation. Dependency and indemnity compensation payable under 38 U.S.C. 1310(a) may be paid to the surviving spouse of a veteran who died on or after January 1, 1957, who was married to the veteran:

(1) Before the expiration of 15 years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated, or

(2) For 1 year or more, or

(3) For any period of time if a child was born of the marriage, or was born to them before the marriage.

(Authority: 38 U.S.C. 1304)

My husband retired in 1998. Our 2006 marriage was well within the 15 years required.

My first denial for DIC stated I was NOT eligible because the regulations state in order to be eligible For 1 year or more, or For any period of time if a child was born of the marriage, or was born to them before the marriage.

They left out the condition under which I WAS eligible and just reported the other two. They HAD to notice the 15 years part. It was the FIRST one. They didn't "miss" it. They intentionally left it out.

So though they might ACT like idiots -- don't underestimate their skills. They are smarter than they pretend to be and know exactly what they are doing.

Edited October 22, 2013 by free_spirit_etc

[free_spirit_etc]

"the IL doctor quotes from my "nurses notes" on 8/2/83 that I had no issues with my hearing"

Good! You have evidence that your hearing was fine - right up until the lightening strike!

Edited October 22, 2013 by free_spirit_etc

[free_spirit_etc]

"The VA is dealing with a highly intelligent and pissed off woman."

LOL - That is the worst type of person to have to deal with.

There actually are many good people at the VA. But there are also a lot of people whose sole purpose is to deny claims. Some of them are doctors.

That is crazy about the CLEP tests. It is amazing how people just make random decisions that effect people's lives with so little effort.

[4MR05C]

Well, that's the thing... according to the NPRC in St. Louis... there's NOTHING except my surgical notes.... which happened in Feb 0f 83, so where did these magical "nurse's notes" come from?

[free_spirit_etc]

You definitely need to get a copy of the entire C-file! The nurses notes may or may not be yours. My husband's C-files had copies of medical records of other veterans.

[4MR05C]

"The VA is dealing with a highly intelligent and pissed off woman."

LOL - That is the worst type of person to have to deal with.

There actually are many good people at the VA. But there are also a lot of people whose sole purpose is to deny claims. Some of them are doctors.

That is crazy about the CLEP tests. It is amazing how people just make random decisions that effect people's lives with so little effort.

Yeah, well, because I took the lead, and insisted that they investigate it... every other veteran who took the CLEP tests when I did will have their tests evaluated properly!