C&P exam in absentia

[Blueboy]

I found a C&P exam entered into my medical record on a claim I have pending. The C&P exam was obviously biased and done by a PA. I did not receive any notice or asked to challenge it. I have a Nexus statement from a VA doctor that my medical condition supports my claim which is not cited. I know the VA make up its own rules, but is this common practice? Do I have a right to challenge its validity?

[hollywoodnc]

YES!  I've been arguing on this issue for a long time now.  It was first discovered by an Atty w/the PVA. 

I attended C&P's for MANY YEARS and if I knew then, what I know now, I wouldn't be in the mess I'm in w/my current claim.

I also documented in a letter to the VA reps, that I no longer will participate in ANY other C&P exams, if the examiner has no SPECIALITY in my specific condition(s).

General Paractitioners, Physician Assists. nor Internal Medicine examiners have no business opining on ORTHOPEDIC &/or NEUROLOGICAL conditions.  This is unheard of in the REAL WORLD.

Case in Point...

If I decided to see an Eye, Ear & Nose doctor for an Orthopedic condition, the Dr. is going to refer me back to my Primary Care Physician for a proper referral.

WHY is it different with the Dept of VA?

My LAST C&P was interesting to say the least and CONFIRMS what I'm saying here.  The examiner was an Internal Medicine Dr..  I asked her what knowledge and experience she had with Ortho/Neuro.  She claimed that it is a requirement in her education, but not her speciality.

I allowed the exam to commence.  I shouldn't have.

This examiner ended up documenting nothing but what other IMBECILE examiners documented, which is FALSE & MISLEADING!

However, she contradicts what other VA Ortho drs. had stated, pertaining to ROM ISSUES.

Here's something else to consider...

I have Outside Medical Opinions from Ortho/Neuro SPECIALISTS and when I sit with these Drs., I and them are on the SAME PAGE! When I discuss the same topics with a lot (not ALL) VA drs, it becomes argumentative?!  WHY is that?!

The Bottom Line...

When ORDERED to attend these stupid and useless C&P exams, make sure that the Doctor that these bozos set you up with, has a specific knowledge/education for an accurate Dx!

As for the imbecile examiner that claims that you can do "Sedentary Work" (which seems to be the new BS line w/C&P's), you have to wonder if these people specialize in "OCCUPATIONAL" limitations.  Recommending Veterans seek work, when they suffer from debilitating illnesses/injuries is WRONG. 

I would presume that this is a ploy that the DVA is using, to force Veterans into the workplace, so that they aren't collecting disability compensation.

Last, but certainly not least...

If ANY examiner states something on ANY document, which is viewed as an accurate assessment by any employee who renders their determination, BUT is FALSE & MISLEADING, can a Veteran sue the DVA for LIBEL?

A Federal Statute (US Code) clearly states that filing a fraudulent claim against a federal  agency is punishable by fines and imprisonment.

WHY is it OK though, for Fed employees to file Fraudulent claims against Veterans about their conditions & endurance?

Food for thought...

GOOD LUCK!

Oh...BTW, IF you are ordered to attend a C&P exam for an Orthopedic ailment, whereas the examiner is to check you for ROM, make damn sure that this examiner uses the DVA REQUIRED "GONIOMETER"!!!  This device is similar to a protractor and accurately measures angles.  Otherwise, examiners won't use it and end up Guessing!

Edited May 14, 2017 by hollywoodnc
Forgot to add another tidbit...

[broncovet]

Good answer, Hollywood.  

However, "just because" he is a PA does not mean his exam can be challeneged.  An examiner must be "competent", not necessarily a doctor.  

To be "competent" he needs to be an expert in YOUR claimed disability.  To challenge the examiner competency, you should find out if he or she has (medical) experience in the diagnosis and treatment of your condition.  If not, then he is not a competent expert witness.  

We often naturally and incorrectly assume that, when VA sends us to an examiner, he or she is competent in this field.  This is not always the case.  If you go for an orthopedic c and p exam, and they dont have an orthopedic doc available, they often send you to "someone else" not qualifed.  

If the Vet does not KNOW to challenge the competency of the examiner, then they get away with it.  Since most Vets dont know they can challenge the competency, they almost always get away with it.  You see, unless the vet or his representive challenges the competency, then the exam is given a presumptive in being valid.  

You have a limited time to challenge the competency, and I dont know if you have past this period or not.