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I Want To File A Compliant Against C&p Doctor With Veteran Advocate, Can I Do That?

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knap-sack

Question

I had my C&P and the examiner did not put in his report what I said. He left things out and basically falsified the document with inaccurate recordings. Can I file a compliant against this Doctor?

Edited by knap-sack
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Sorry for your frustration, knapsack.

My last C&P really pissed me off and it and my medical records are full of inaccuracies and outright fallacies; must be why they don't have us sign off to verify the accuracy of what goes in there.

No wonder these quacks are concerned about their safety:

"VA Moves to Prevent Veteran Violence Over Disability Claims To curtail confusion, the department wants to change when veterans can view the results of their disability exam online."

I suggest you file a VA Form 21-4138 http://www.va.gov/vaforms/form_detail.asp?FormNo=21-4138 to your VARO with specific facts and backup documentation. Please don't express emotion in your statement; treat it as a legal document that would be read aloud in court.

These examiners state: "A thorough review of his C-File was completed for his exam..." but they may have done a rushed scan of your pile and missed or ignored important evidence, or important evidence you've submitted isn't in your file.

In this kangaroo court who's to know.

You don't really have a voice until the BVA but strengthening your case now couldn't hurt.

Good luck! :smile:

Thanks Kelly it may be too late to change his C and P, I did go to that form and printed it. Is that the form I would use for say my wife to make a statement or my AA sponsor? I read somewhere that it needs to be notarized also?

Thanks for the smiley face it does help.

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I know it's said a lot here but I'm sorry for what you're going through. I had a complicated case and my exam was nearly 4 hours. They should not have scheduled a C and P with a doc that had to run off and run a group.

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  • HadIt.com Elder

I would wait to see what that examiner said about me? or I would go down to records dept ask for that particular exam.(ask for your records as of the date your to prticular exam..save your copies you gave him that C&P doc....because if your denied you can always disagree and file NOD... You should hi-lite in your evidence letters of your stressors and that will show the new C& P Doc... the last C&P was no good ect,,ect,,

Just take it eazy for a while and try to keep a positive outlook there' always a way to win your claim and you will prevail

hang in there buddy!

Edited by britton
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You can use that form 21-4138 for most anything you want to submit, I believe.

I've read of people who've expressed dissatisfaction with a C&P and gotten another one.

I've also read of people who thought they had a claim-killing C&P but ended up with pleasing results, so you may already be in better shape than you realize.

For my own piece of mind I'd submit a 21-4138 with your contentions of examiner's conclusions or omissions of facts. Why wait for BVA to remand it back to do this later anyway?

The best revenge is to hang in there, win and enjoy spending that blood money on enjoying life with your wife! :smile:

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You can use that form 21-4138 for most anything you want to submit, I believe.

I've read of people who've expressed dissatisfaction with a C&P and gotten another one.

I've also read of people who thought they had a claim-killing C&P but ended up with pleasing results, so you may already be in better shape than you realize.

For my own piece of mind I'd submit a 21-4138 with your contentions of examiner's conclusions or omissions of facts. Why wait for BVA to remand it back to do this later anyway?

The best revenge is to hang in there, win and enjoy spending that blood money on enjoying life with your wife! :smile:

Kelly you was right I was worried if my stressor was verified it was and the C&P doc put an X on the 10% box. I knew my documentation was strong, I guess it was.

GOOD NEWS !!!!

My claim closed and I was awarded 50% on the PTSD. I checked my E-Bennies today and I went and downloaded letters and there it is. my new service connection is 60% gotta love the VA math, 20 + 50 equals 60% I would think my retro and official letter should be here by next weekend. Never know with the holidays this week though.

I am so thankful for you folks here you all being here has helped so much with learning what I needed to provide the VA to prove my claim. You all are so awesome and thank you so much for being here.

Thank you

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