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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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mstmale

How can they VA examiner just lie?

Question

I just received my C&P exam a few days ago. When I was 17 and in Boot I was raped by a Drill Instructor. I was a virgin and had never had sex with anyone, so yep, what a wonderful introduction into the military! I of course was freaked out and tried to kill my self, told the Chaplin, called home told my dad. You know all the things your supposed to do. I was met with a choir of suck it ups. Of course you know I ended up with warts (an std) as well as massive hemorrhoids. I had two exams, one where I was checked for warts and hemorrhoids. I was placed into a room where a PA asked me to drop my pants, and seemed super focused on my penis...ask me if I could get an erection. When I seemed shocked he of course said he meant with my wife. That's not at all what he meant. He then spent a few minutes checking my butt and performed no exams that were designed to expose hemorrhoids. He said there are no warts present and no hemorrhoids in the results I got back. He flat out lied. He found multiple warts and I know he saw hemorrhoids. Was he mad that I wouldn't get an erection? Do you have to play ball to get things done?  I asked for a female to be present over the phone, I am sick over this. Is this all  people in power ever want from you? To hurt you, to force you to d painful stuff?  I heard him and the doctor talking four feet away from me and my wife in the waiting area after the exam, seconds after I walked out, about how these claims "used to never make it this far back in the day and it was super fluff? or fluffy?" Not sure what that means. He lied about multiple things in the exam, I told him it  bothered me and he put I had no pain. 

 

Can't wait to get my mental exam back......

Edited by mstmale

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So sorry to hear of your bad experience bud. I have had Testicular Surgery, and have Crohns so I know how embarassing those exams can be. Lets just say that we have more in common then I would normally talk about. You do not be ashamed, or scared of what you been thru. You did not ask for this too happen. Did you tell anyone in your unit what happened to you, or have a Buddy Letter? I have had a ton of VA and Civilian Exams, that were uncomfortable or were flight out lied about or wrong. I had a VA Doc state I was a 42 yr old Female Recovering Alcoholic. In fact im 35, Male and never drank or smoked in my life. Took me months to get that out of my VA Medical Records. Just keep fighting, and if your claim is Denied, Reopen New Claim thru Ebenefits, do not Appeal. I dont want to see you sit there for years in the Appeals Process. Good luck and keep us posted. God Bless

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Good advice from @broncovet

I will add that the VA may use NP's and PA's to perform C&P exams. However, a regular MD's opinion would carry more weight. Even better, a gastroenterologist or urologist's opinion would carry even greater weight because they are specialists. Regarding Broncovet's recommendation #3, I would recommend an MD or a specialist doc.

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My first two C&P exams by the military, health and mental were flat out lies and misinformation.  If you have the willingness and the time please fight this travesty.  I agree that you need an IMO and records of treatment from the VA for these conditions.  Try to get into a doctor and get treatment for your warts and hemorrhoids at the VA.  Look up doctors in your area that are willing to perform IMO's (or IME in the civilian realm) .  They can be difficult to find but well worth it.  

You did not say if you have representation.  Not all VSO's are good but they can look up stuff that you might not be able to and they can help you maneuver through the system.  Just do not make the mistake of allowing them to do everything in your case, you must have a handle on what's going on.

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If your wife also overheard that conversation, the two of you should write independent statements about what they said and have it notarized. Send it to the VAOIG,  with a copy to your congress critter.

People like that need to be investigated and removed from service. They dont belong anywhere near a Veteran who is looking for help. As far as the exam goes, your best defense is a good offense. Find someone who will give you an independent medical exam and opinion on your case. Use a specialist if you can, and when you have your IME/IMO, you should also submit a statement on what you overheard from the PA that examined you, and use your own IME/IMO as evidence of his malfeasance. What he did as a public official is a violation of the public trust and violates your civil rights to an honest and fair disability examination. Putting false information into a medical report of this nature is a felony.

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Once you get your records, check to see if they are accurate.  You have 3 choices of what to do if they are inaccurate:

1.  Do nothing.

2.  File to amend your records, to correct the errors.  Here it is:

https://www.law.cornell.edu/cfr/text/38/1.579

3.  You can also "refute" this doctors medical evidence with another doc's "medical evidence", such as an IMO/IME.  Your testimony wont refute medical evidence, it takes medical evidence to refute medical evidence.  The doctor gets a presumption that he knows more than you about medical issues and diagnosis, such as whether or not you have hemmorrhoids.  

      Or, you can do some combination of the above.  

 

Edited by broncovet

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