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

[ranger11bv]

I like this:

The Code of Federal Regulations requires that to be competent, a medical opinion must be "provided by a person who is qualified through education, training or experience" to offer one. 38 C.F.R. § 3.159(a)(1). Competency requires some nexus between qualification and opinion. Dep't. of Veterans Affairs Proposed Rules, 66 FR 17834-01, 17835 (Apr. 4, 2001) (citing Espiritu v. Derwinski, 2 Vet. App. 492 (1992) (stating that "opinions of witnesses skilled in that particular science, art or trade to which the question relates are admissible in evidence"), overruled on other grounds by King v. Shinseki, 700 F.3d 1339, 1345 (Fed. Cir. 2012)).

However, the VA Benefits from a presumption that it has properly chosen a person who is qualified to provide a medical opinion in a particular case. Sickels v. Shinseki, 643 F3d 1362, 1366 (Fed. Cir. 2011). Even though the law presumes the VA has selected a qualified person, the presumption is rebuttable. See Bastien v. Shinseki, 599 F.3d 1301, 1307 (Fed. Cir. 2010) (explaining that a veteran challenging the qualifications of a VA-selected physician must set forth specific reasons why the veteran believes the expert is not qualified to give a competent opinion).

Given that one part of the presumption of regularity is that the person selected by the VA is qualified by training, education, or experience in the particular field, the presumption can be overcome by showing the lack of those presumed qualifications.

I hereby request that a copy of the C&P Doc’s resume, CV, list of publications, list of specialties, etc., such that his/her experience and qualifications may be examined, reviewed, questioned, and/or challenged. I specifically request that any and all information stored in VetPort - or any other system of records - that pertains to the Examiners' credentialing as a medical professional since the Examiner's date of first employment and/or association with the VA - be included in my C-File and specifically examined by the BVA and CAVC to determine the adequacy of the Examiner's so-called expertise. 38 U.S.C. 7402; 38 CFR Part 46;VHA Handbook 1100.19; VA Handbook 5005, Part II, Chapter 3; VHA DIRECTIVE 2012-030.

Furthermore, I object to the following aspects of the VA Examiner's opinion:

a) The lack of support in the opinion with scientific, technical or other specialized knowledge, and how it relates to the conclusion being sought

b) The lack of facts, tests, or data on which to base the opinion.

c) The lack of evidence demonstrating the Examiner's conclusion is the product of reliable principles and methods

d) The Examiner's failure to reliably applied medical, scientific, and or forensic principles and methods to the facts of the case.

Also, the doc stated several times that she read my ENTIRE file.....BS!!!!!! My file contains 7 folders totaling almost 3500+ pages!!!! By allocating just 30 seconds to scan each page, that comes out to 29 hours NONSTOP!!

Edited May 9, 2015 by ranger11bv

[broncovet]

Exactly. That is from Chris Attig's website, right ranger?

[ranger11bv]

Correct

[Navy4life]

ranger11bv;

Who did your C&P exam? Was it contracted out (QTC) or was it performed at the VA?

I know you are upset/pissed/mad but you need to see past the "red" and get yourself and your documents in order.

As I stated above in my earlier post, you recording the doctor would be irrelevant in court and inadmissible b/c you must inform the person you are recording (at least in your state of AZ). I would get past that move on...

Secondly, I would file IMMEDIATELY a VA21-4138 (statement in support of claim) attesting to your validity of the C&P exam. State what you DO NOT agree with and back it up with the documents you have.

I would also ask for another C&P exam BEFORE your claim is processed!

[63SIERRA]

Ranger they did the same thing to me, make sure you write a letter of disagreement and point out the errors and request another exam.. I have had 3 exams for 1 scar, and they have just scheduled a 4th.. They like to play games and try to wear you down.

Call bullshit on thier exam and dispute any and all errors .. if you end up going to board of appeals it will be great evidence showing how they were screwing you over

[ranger11bv]

I like the sound of that.