Nightmare C N P Exam Today Need Help

[jusus27360]

I had my exam today an it was horrible. I have avasical necrosis in left shoulder which is very painful. Doing the exam she told me to lift my arm which as much as I could, she then stated.that she had to move my arm an she force my arm above my head. I scream in pain an started crying an she said "im so sorry i didnt mean to do that" wtf! She apologized several times stating that she didnt mean to do that. She then question me about a workers comp injury to my righr knee an asked.me if I had gotten compensated I told her yes an she said im going to report this an you will have money taken back I said wrf! My right knee was injured in the military an this workers comp was 20 yrs later an has nothing to do with my sc condition with my right knee. Please tell me what actions I can take. Ive been in so much pain since the exam both physically an mentally. Thanks for any input.

[jusus27360]

Ok how do I file? Not up to familiar with this

[georgiapapa]

Go to benefits.va.gov and type in "Title 38 U.S.C. 1151 claims." This will give you the info on what is required for 1151 claim and how to apply. As Lotzaspotz indicated, if you have discernible damage caused by the actions of the examiner, you will need to get a paper trail established before you file. I would not do anything until you have an exam by an orthopedic specialist.

GP

[Navy04]

Sorry to hear of your issues bud, and I have to agree with Hamslice. I have had over 30 C&Ps in the last 2 years, and most of them were horrible, and even with that said most of my Disabilities were granted at high %s. Just try to calm down and post your C&P exam results on here when they are available, and we are all here to help you. Good luck and God Bless

[jusus27360]

Thanks everyone! I appreciate all the feedback. I will keep everyone posted !

[rootbeer22]

jusus27360

I'm so sorry to hear about your troubles and hopefully this board can help. Unfortunately, I had a similar experience with an inexperienced CP Nurse who during my shoulder ROM measurements and really hurt me. Although she swore that she fully reviewed my file, it was clear that she had not? The MRI clearly showed and stated that I have a 70% tare of my right shoulder rota-tor cuff and other significant damage? Frankly, I read the VA Exam guide before I even had my first CP exam, so I knew what was supposed to be conducted. Anyway, she pushed my arm and shoulder way past the point of pain and also did not use the proper "measuring device" as she only "eye balled" it for measurement purposes? Also, she made a demeaning comment about how I should have put my claim earlier when I retired and older vets like me were putting a burden on the system as we come into it, and when I said I did put the disability paperwork during my retirement and it was lost, she did not believe me--which upset me that she questioned my integrity? So, two weeks later, when I saw her again and showed the paperwork with the dated signatures to her, she said, "Oh well" and seemed to care less? Anyway, as a result, I complained to the head of the CP Clinic Doctor who was very nice and he said to write a "buddy statement" of what happened to get it on record and to clarify. Anyway, it helped because I was able to do another proper CP exam and it worked out well. One note - you have to just state the facts of why you think it was wrong and keep emotion out of the statement if you can? Otherwise, it can affect your credibility and it's their word against yours anyway? That said, most of these CP Examiners are very good, work hard and do care, and sometimes, like all of us they may have a bad days as well...so keep that in mind? Anyway, one solution is that when you go to a CP Exam, ask a the examiner to clarify about the point in which pain starts during a particular ROM movement and when the ROM stops for the extension of a body part in motion? From what I hear, this proactive gesture will usually solve this problem from happening? Also, if they are not using a measuring device during the exam "you can say the last time I did one of these CP exams, they used a measuring device---is this different? Certainly, use your best judgement on this because they don't always like to be "called out" on this? Examiners are not supposed to show bias during an exam in any shape or form and it's supposed to be fair and professional across the board. anyway...godspeed and good uck..rootbeer22

[Andyman73]

I never had them try to get more ROM than I was capable of, but most just used their jaundiced eyeball meter, instead of the gioniometer(?).

And they wonder why Vets kill themselves at such a high rate.