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

[RVoorhis]

1 hour ago, pwrslm said:

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.

Thank you! I do have the proof, this is so disturbing, my evidence has helped me get 70% PTSD for this event but, two C&P examiners have failed to even consider my back was injured during the incident, they won't even discuss it.. My proof has also allowed me to get my General Under Honorable discharge upgraded to Full Honorable by the Board of Naval Record Corrections. This in of itself is not an easy task and I did it myself without a lawyer. 

The doctor who reviewed my evidence prior to the Board recommended no change, I sent a rebuttal and the Board agreed with me and found in my favor.

[pwrslm]

VAOIG is responsible for investigating criminal acts by VA Employees. Give it to the media and they WILL change the story line.

First, falsifying a medical record is a crime, for which a doctor can be criminally prosecuted. Second, falsification of records is an independent civil cause of action (fraudulent concealment or spoliation of evidence) that can expose a medical provider to punitive damages.

I would think that a really good lawyer would be needed, but with the right evidence you could prevail in an FTCA suit under the right circumstances.

fast

Same thing goes with falsification of records to hide appointment issues, that was a hot one nationwide. Appointments are medical records.

 

https://www.va.gov/oig/publications/press-releases.asp-

Former Department of Veterans Affairs Nurse Sentenced to 60 months in prison for Altering and Falsifying VA Computer Records

Alteration of medical records by former nurse results in appropriate medical treatment being withheld from veteran, who subsequently passed away.

  VA Employee Sentenced to Federal Prison for Falsifying the Medical Records of Hundreds of Veterans

Former VA employee sentenced to prison for falsifying medical records of veterans that delayed vital health care.

Edited September 25, 2017 by pwrslm

[Gastone]

So, you're currently 70% PTSD/MST and just recently (during Sept) had the C & P Exam that you referenced above, correct? If this New Claim was filed as an FDC, a Decision should be made within a couple months.

I'm not sure but I think if you were to send in a premature rebuttal to the C & P Examiners DBQ in the form of a 21-4138, your FDC would become a Reg A$$ Claim. Give consideration to discussing this problem with your VSR. At this point on an FDC, it might be better to wait for the Decision, but be ready to file an Official Request for CUE Review of the possible Denial.                                                 Go easy on accusing the Examiner of recording false statements on the DBQ, made with intent to deceive.   Your Evidence of Record "EOR" already in your C-File, should be more than adequate to rebut any errors the Examiner made.   Semper Fi

[john999]

It usually takes a doctor to refute a doctor.  This is the newer and kinder VA we have been hearing about I guess.  I would just get more medical evidence to overtop this liar c&p doctor.   You could spend years trying to correct your record.

[pwrslm]

Evidence of negligence and falsification of medical records is not that hard to show in the VA C&P exam. I was seen by 9 separate professionals both in and outside of the VA. The records I submitted, as well as over 12 appointments in my VA Medical file clearly stated my accurate condition yet the examiner never noted it, and my condition was never correctly reported on the DBQ he submitted.

The C&P examiner states on the DBQ's that a review of all information in VBMS/VISTA and CPRS was conducted. That was a lie. Its falsification of medical records right there because the info in clear and undeniable. Then they say you dont have a condition, or the condition is much less severe than it actually is-resulting in a low balled rating....yet the examiner didn't even touch you. In real world concepts its fraud, under the VA System its a way of doing business. The RICO act covers this type of behavior in the private sector, but it has no impact on the VA. If every vet who this happens to filed a formal complaint with the VAOIG it would end. They would have to take action to fix this problem. If we dont, it will not change.

Edited September 26, 2017 by pwrslm

[pwrslm]

On 9/25/2017 at 6:40 AM, Gastone said:

I'm not sure but I think if you were to send in a premature rebuttal to the C & P Examiners DBQ in the form of a 21-4138, your FDC would become a Reg A$$ Claim. Give consideration to discussing this problem with your VSR. At this point on an FDC, it might be better to wait for the Decision, but be ready to file an Official Request for CUE Review of the possible Denial.      

True. Let the process play out before you take any action. That way there is evidence that you were harmed by the Examiners negligence/falsification of medical records as well, giving a solid reason and basis for your complaint.