C&P Report Has Tons of Misspellings, totally wrong information & a Lie or Two

[RVoorhis]

Hi Folks

Had a C&P for lower back injury related to MST in 1975. C&P examiner a PHD/PA with an impressive resume also retired Rear Admiral filed his report less likely than not a couple of weeks ago. The report was full of misspellings, information discrepancies and a lie or two! This gentleman had me on the wrong ship, took very poor notes and many of the doctors I've seen as well as dates & times totally wrong. He tried to dispute my IMO from Dr David Anaise by saying I never told Dr Anaise I had a motorcycle accident after my separation from the Navy, that was an outright lie and I had the proof in emails that in fact I did tell Dr Anaise about the motorcycle accident.

It's clearly obvious this PA pencil whipped this report and hit send, does anyone think my IMO will carry more weight than this sloppy inadequate C&P report? I have uploaded a rebuttal to my ebenny case file.

Thanks

Rob

[john999]

Quote

After this C&P hits the VARO and you may want to send in a IMO that disputes each and every falsehood in the C&P exam.   You will probably get a decision soon and then send in another IMO with your appeal. 

 

[jbasser]

Why would you try to hide a motorcycle wreck if you went to a hospital or docs office . They have computerized lists. They share information. I hope it works out for you. This is really a mess.

Edited September 24, 2017 by jbasser

[broncovet]

Two things:

1.  You can not refute medical evidence with lay evidence, you must have medical evidence, such as an IMO or IME.  

2,  You can amend (change) errors in your records using the following regulation.  

38 cfr 3.1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requesterof the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

(Authority: 5 U.S.C. 552a(f)(4))

(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her recordmay request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individualrequest such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. ( 5 U.S.C. 552a(g)(1)(A))

(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. ( 5 U.S.C. 552a(d)(4)) ( 38 U.S.C. 501)

[ 47 FR 16324, Apr. 16, 1982]

 

 

Edited September 24, 2017 by broncovet

[pwrslm]

If you have black and white proof that he falsified your records, you can also file a formal complaint with the VAOIG. Falsification of medical records is a felony.

You can also file complaints against him in the state where he has a license, and to any board to which he holds certifications. 

I would start gathering evidence by getting a check up by a board certified spine surgeon, seeing how you already have an IMO for the nexus. New evidence that contradicts the C&P examiners report would go a long way both in complaints against the guy as well as your appeal.

[broncovet]

The VAOIG, to the best of my knowledge, does not investigate claims of "falsified reports" by VA.  Case in point:  Comer.

In Comer, the court determined that the VA falsified the Veterans records and "nothing" was ever done about it. 

http://caselaw.findlaw.com/us-federal-circuit/1075660.html

[RVoorhis]

7 hours ago, jbasser said:

Why would you try to hide a motorcycle wreck if you went to a hospital or docs office . They have computerized lists. They share information. I hope it works out for you. This is really a mess.

Exactly and then there is the fact that my right leg is fused and has no knee joint. I was hung by my ankles and beaten for over 30 minutes and when I tried to describe ow my back was injured during that incident this examiner had the gall to say that being hung upside down can be good for your back, I was stunned. He totally minimized the MST, this certainly wasn't a case of inversion therapy which I'm not sure even existed in the early 70's.