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]

If you spend your valuable time trying to show the world that the VA system is corrupt it will take years and will amount to nothing but a new C&P exam by one of the old doctor's buddies.   If it was me I would concentrate on getting a better rating via IMO.  Just think about winning "your" claim and don't worry about fixing a system that has been corrupt for 50 years.  I don't think it will change but you will get older and eventually die and this corrupt system will keep going because it serves those who don't want to spend a dime compensating vets who are no longer of use to the Green Machine.

I had a VA C&P exam doctor not only torpedo my request for an increase but question my service connection because I had a college degree in psychology.  In his warped mind that indicated I was faking it with my "vast" knowledge of abnormal psychology.  I filed an appeal using the grossly inadequate and biased exam  as the main feature.  It took a couple of years and I won a new exam.  The guy who did the exam was a buddy of the original doctor.  He made it worse for me.  Then I went out and got my own doctors and I began to win my claims.  All that time at the BVA to get a new exam and I still lost my appeal for a higher rating because I did not have my team of doctors I paid for to help me.  I went from 30% to 70% to TDIU P&T within 18 months based entirely on my IME/IMO doctors. It cost me maybe $250 since two of the doctors were being paid by insurance and only one doctor was paid partially out of my pocket.  I used a former VA psychiatrist to write my main IME and she just aced it.   The VA incorporated her IME/IMO into my rating decision.  This is the sort of help you need to get this claim home.

 

[Navy04]

Sorry to hear of your issues with the Exam. I have had over 20 exams since 2013, and I can tell you that plenty gets messed up. I had a Dr who put in my record that I was a 40 yr old female recovering Alcoholic. Took me 6 months to get that out of my records, seeing that I am male and was only 32 at the time, Lol. I just had a C&P last month for my back, and instead of Doc asking me about my upcoming back surgery, he granted me SC for a condition that I did not even apply for. So I just submitted a new FDC yesterday. God I hope that the VA can streamline this process and begin to look out for the Vet, instead of shoving us Head first off a Cliff first, and then looking for Disabilities after Death. Wish you the best and keep us posted. God Bless

[john999]

Navy04

 

            That is pretty goofy how the VA granted you sc for a condition you did not even claim.   I wonder why you don't have SMC "S"?  Are all those conditions part of your 100% rating?  I got TDIU in 2001 based on 70% mental health claim and then between 2001 and 2008 I got at least another 80% for various agent orange conditions.  I was granted "S" which is another $300 a month.   It seems to me with your disabilities you should have been considered for "S" long time ago.  If you are rated for hearing loss is that a SMC rating?  If you were around any big guns, jets or any other loud machines that should be good, but I know they think unless you were in the Arty or inside a tank then you were not exposed to damaging noise.  There are people who lost their hearing from one exposure to 155 howitzer blast without hearing protection.  Famous movie director of WW11 had complete hearing loss from being close to a 155 when it was fired.  He got some of the hearing back but not all.

[Navy04]

John,

I have been granted 3 conditions from the VA that I did not apply for, Lol. I am 100% Total, not 100% for 1 condition. I was offered IU for PTSD alone a few years ago, but I did not take it. I opted to fight for the 100% Schedular instead. A good friend of mine died a few years ago, who was a Korea/Vietnam Vet who was 100% IU for his back but died of bad heart and had multiple Agent orange issues. Because he had the IU and died of something other then the IU condition and not protected by the 10 yr mark his wife lost everything and was not granted any of his checks when he died. I have seen her suffer and lose everything the last few years in her late 60s and have to go back to work. I did not want to put my wife thru all that. Plus I knew that I have so many health issues that are well documented and would be SC. I still have a long list of issues that will be granted, if I just get around to applying for them. After my current claim is complete, I am going to put in a claim to have my PTSD increased, and apply for SMC S. As you stated, I should have received that SMC along with others a long time ago. Thanks to good Vets like you and others on Hadit, I have learned alot, and feel strong enough to apply for it. I served in OIF/OEF and around Fighter Jets and all kinds of Ammo and other A/C without hearing protection, well documented, thats why I cant hear worth a crap, as my wife says, Lol. Thanks to all here for support, and apologize if I interrupted the thread. God Bless

[john999]

Even if you are 100% scheduler and die from NSC issue or before ten years you wife will get nothing.  IU means total disability and is as good as scheduler for DIC purpose and same rules apply.  Anything that might result in your death or increased disability should be claimed IMO.

[RVoorhis]

Have been notified that I have been granted 100% PTSD P&T dated back to 2013. Got a call today from regional office regarding the complaint I lodged with the Whitehouse Hotline regarding the inaccurate C&P examiners report related to my lower back injury. That appeal is finished as well BVA made final decision, she wouldn't tell me what the decision was but she did say I think you will be very happy with the decision...... I take that as a win!

I couldn't let that exam report go I uploaded a 6 page rebuttal to my claims file as well as an IMO seems something worked... Thanks for all of your input folks I greatly appreciate it.