Help! I Am So )$(^&^$#*@@ Pissed!

[ranger11bv]

I just got the results from my C&P exam from 21 April. As I am looking through them now, I see very GLARING LIES. Such as:

"Does pain, weakness, fatigability, or in-coordination, significantly limit functionality with repeated use over a period of time?" NO (YES!!!!)

" does veteran use any assisted devices?" NO (YES!!!! Shoe inserts, leg/knee braces- both legs, Canadian crutches, wrist splints on BOTH arms)

And so MANY others I cant type right now im just without words. The blatant lying is just... WTF????

What can/should I do. IG, FBI, Justice Dept, ect.....

I want her HEAD!!!!!!!!!!

Im scanning the report in as I type this to my computer. If anyone wants a lookse, let me know. God know I need help now!!!

Edited May 9, 2015 by ranger11bv

[rootbeer22]

Rangerllbv:

Well, you have had the classic experince of a CP in which you were very specific about answering the CP questions but the examiner wrote something down totally different? I had the same thing happen on a couple of exams as well. Also, the examiners also lost the records that I provided to them as well during the exam. Although I know that there are Vets on this site whom have more experience then I have, I've been to that you one thing you can do is to provide a letter or statement of support for your claim in which you can explain what you said versus what was reported...and it has been effective for some others?

[ranger11bv]

Well well well, I get the b*$*&tch. I RECORDED the exam!!!

[rootbeer22]

Ranger11bv:

Legally, I think you have to get consent to record another person's voice otherwise, it could be a violation of the other person's privacy? I actually thought about recording the next set of exams myself because I was so upset by what happened at my first back related CP Exam. Later when I complained to the examiner, she said, "Don't worry, the raters will get a chance to look at your entire file, so they'll sort it out for you anyway"? The good news is that I was able to take another CP exam that covered the same contentions a few months later..and that turned out better. That said, the examiner on the new exam did leave some key issues out of their comments as well. Frankly, at the end of the day, it's really more about the evidence and the nexus connecting that evidence that makes the difference in a case. But, it seems to me a "letter of support " outlining the areas that you disagree with the exam is probably a good start to figuring it out. Good luck....

[ranger11bv]

This is what I have so far:

DOCTORS IMPUT IN THE C&P REPORT MY ANSWER Pg #

Is there evidence of pain with use of the hand? [ ] Yes　[X] No YES

IS there additional functional loss or range of motion after three

Repetitions? [ ] Yes　[X] No YES

Does pain′ Weakness′　fatigability or incoordination significantly limit

functional ability with repeated use over a period of time?

=　Yes　[X] No　=　Unable TO Say W/o mere speculation YES

Flare-ups No response Provided YES

Muscle strength　testing Hand grip: right 5/5 Doctor tested for less then 5 seconds AND I was slipping multiple times OUT of her hand

He still has pain in neck′ base of skull L neck. Pain level is 1-2/10. H 6-9/10 29

IS there additional loss of function or range of motion after three

Repetitions? [ ] Yes　[X] No YES 31

d. Flare-uPS

Is the examination being conducted during a flare-up? [ ] Yes　[Ⅹ] No YES 31

Does pain′　Weakness′　fatigability or incoordination significantly limit

functional ability with flare-ups?

[ ] Yes　[X] No　[ ] Unable to say w/o mere speculation YES 31

Does the Veteran have localized　tenderness, guarding, or muscle spasm of

the cervical spine? [ ] Yes　[Ⅹ] No YES 32

11. Assistive devices

a. Does the Veteran use any assistive device(s) as a normal mode of

locomotion, although occasional locomotion by other methods may be

possible? [ ] Yes　[Ⅹ] N0 YES 34

xrays questionable c1-3 area impression I question that 35

No fracture or subluxation in the cervical spine. There IS!! 35

Does pain, Weakness′　fatigability or incoordination significantly limit

functional ability with repeated use over a period of　time?

=　Yes　[Ⅹ] No　=　Unable TO Say W/o mere speculation YES 39

Does　the Veteran have any other neur0logic abnormalities or findings related

to a thoracolumbar spine (back) condition (such as bowel or bladder

Problems/pathologic reflexes)?

DOCTORS IMPUT IN THE C&P REPORT MY ANSWER Pg #

[ ] Yes　[X] No YES - Irritable bowel syndrome 42

If the Veteran uses any assistive devices′ specify the condition and

Identify the assistive device used for each condition:

veteran States crutches occasionally for back pain Constant, except at home 42

Right　Hip

Rate Strength:　Flexion:　5/5

Extension: 5/5

Abduction: 5/5 Could barely move leg 49

The Doctor told me to remove all my braces and splints ect….

[Navy4life]

Sorry you are so frustrated but let's try and calm down and get through this...

First, what was the C&P exam for? What disability are you claiming for service connection?

Second, the C&P exam can be good or bad...sounds like this one is bad...BUT you can refute it with a statement of claim (VA 21-4138). The devices you were are they documented in your VA records? I would write the statement and supply supporting evidence.

Third, be careful indicating you recorded the doctor w/o her consent. Your state (Arizona) requires you to notify the person(s) that you are recording them.

Finally, I know you are frustrated but try and stay on track. Refute the C&P exam and get all your evidence lined up...If you are denied the s/c of the disability you will need all of this for your NOD.

Steph

[Fat]

^{"NEVER GIVE UP"}