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]

My husband filed his initial claim for disability when he retired - so his ORIGINAL SMRs were sent to the VA. So the Records Center doesn't have copies. Maybe your original SMRs have been held at the VA instead of the Records Center.

[4MR05C]

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.

Like I said... I've asked for an appointment to review it and trust me when I tell you, I WILL go page by page to make sure I have a copy of every single sheet of paper they have. I used to work for Xerox... I know that machines can (and do) "skip" pages... and I know to check. The guy working this might not like it, but I WILL check every piece until I am absolutely certain I have a copy of the entire file!

[4MR05C]

My husband filed his initial claim for disability when he retired - so his ORIGINAL SMRs were sent to the VA. So the Records Center doesn't have copies. Maybe your original SMRs have been held at the VA instead of the Records Center.

No, I didn't retire... I was honorably discharged. And the VA doesn't have them (that I know of) since the last time I did the "review of my c-file" thing , there was only 6 sheets of paper in there...

[meghp0405]

I do believe that you have placed the cart before the horse here. You really need to wait until you receive your rating decision, then request a copy of your C/P exams. The QTC folks are not to give copies of their exam. That's in their contract with the VA. All medical exams completed by a QTC will be provided to the VARO requesting the C/P exam only.

by requesting a copy of your C/P exam now, you have just delayed your claim. You have to wait until you receive your rating decision. Then and only then will you receive a decision and the rationale for that decision. Anything right now is just guessing and/or jumping to conclusions.

Why wait 24 years to file a claim for a condition that was caused on AD? The examiner was looking for chronicity and that's why she asked the questions she did. Bringing flip flops to a examination, any doc won't use them. How do they know that they are yours? They will look at the shoes you are wearing to see if you have excessive wear and/or an abnormal gait.

I don't like it either when a veteran comes into my office and says the examiner was rude and not listening. I will go to the end of time supporting and assisting in anyway I can, but the examiners know who is throwing mud on the wall to see what sticks and what don't... JMHO

[4MR05C]

Meg- while you are entitled to your opinion, I'm also entitled to have a QUALIFIED doctor exam me. AS for your "throwing mud on the wall" comment... that shows that you've judged me as lying... without knowing a thing about me. Thanks for that, I truly appreciate the support.

Not that I owe you an explanation, but I brought the flip flops because that's what I've been wearing!!! Under your "theory" of why bring those... they could be anybody's... why bring any shoes at all besides the one your feet.... OH! wait... why not buy a run down pair (in my size) at a thrift shop and THEN "claim" those were mine? EXCELLENT IDEA! (NOT!)

As for the cart before the horse thing... why not do a review of my files BEFORE the decision, so hopefully (not that there's much hope) they might make the right decision to BEGIN WITH and I won't have to fight them for years and years on appeal?

Look, I don't know you and I honestly thank you for your input, but if you're going to leap to conclusions that I'm lying... I'd rather you keep ALL of your opinions to yourself. Thanks.

And if you work in a VARO... or as a VSO, I feel you're part of the problem. JMHO.

Edited October 22, 2013 by 4MR05C

[free_spirit_etc]

Why wait 24 years to file a claim for a condition that was caused on AD?

Many people do.

The examiner was looking for chronicity and that's why she asked the questions she did.

I don't think there was any complaint about questions being asked - it was the attitude in which it was asked.

Bringing flip flops to a examination, any doc won't use them. How do they know that they are yours?

I guess they trust you not to lie about your shoes. I think veterans should be considered competent to testify to what shoes are theirs.

They will look at the shoes you are wearing to see if you have excessive wear and/or an abnormal gait.

Then they should advise you to wear your normal shoes. Or note how much you have worn the shoes you wore to the exam.

I don't like it either when a veteran comes into my office and says the examiner was rude and not listening. I will go to the end of time supporting and assisting in anyway I can, but the examiners know who is throwing mud on the wall to see what sticks and what don't... JMHO

What????

Edited October 22, 2013 by free_spirit_etc