Did you get a flawed C & P exam-what you can do

[Berta]

You can immediately ask for a different doctor to do the exam.

When I say 'flawed', I mean the examiner did not have the expertise to opine on your claim, 

or the doctor did not have any of your medical  records, to include SMRs in many cases,

or the doctor failed to consider any other probative evidence that you moght have brought with you to the C & P yet the doctor didn't want to see it---

or the examiner LIED. There are probably many more reasons why an exam can be flawed.

This AM I received a call from OAWP-VA-DC, as to the ongoing investigation they are doing based on my other complaint .

I have more evidence to send to them-we went over some of the evidence they already have- it is solid to support my complaint-It is a different issue than this post is about-

But then I mentioned to the Triage manager the C & P situations I see so many of you here are dealing with.

I told him of 2 of my C & P exams (posthumously done on my husband) and am waiting until Jan 15, 2019 for a copy of one of them-to adequately prepare a OAWB complaint. on that matter, which affects so many veterans....and I am sure I am not the only survivor of a vet who has had this problem consistently with the RO I deal with.

He was shocked at what one SOC C & P examiner had stated..... I told him this was only one of many C & Ps they did- all wrong, to deny my claims. (all awarded since-yet not the point))

Would anyone here be willing to follow up my next complaint on the C& P problems many here have?

If it took a costly IMO/IME to get a full reading of your evidence, and then attain an award, tell them that.

If  your are in financial diffculties and cannot possibly afford an IMO/IME, tell them that.

If they lied about your condition , tell the OAWB that- and give evidence to show that they lied.

Be prepared to attach the C & P exam to the email you send to them, and attach any other evidence you feel they might need.

I told the OAWB Triage  manager I  have seen many C & Ps over the years that are highly erroneous and deny many valid claims . Claims that will add to the backlog and if they are valid they should never even be in the appeals process at all.

If you prepare a complaint, specific only to the C & P problem, you can refer OAWB  to my complaint ( Berta Simmons, NY ) that will be at OAWB on the 16th of this month.I am waiting until the 15th to see if VA will send me a C & P exam I requested.Whether I get it or not the complaint will still be filed on the 16th.

I do not really have a dog in this fight because so far I won any claim VA gave a lousy C & P on.I only needed the IMOs I have for one claim.

Something needs to be done about this situation.That wont happen with one complaint from a dead veteran's widow. The only evidence I have is my own personal

letters and C & P exams from the VA, And the info from NVLSP and GAO-which covers all veterans but  is general, and not specific to what many of you really go through with C & P exams,   that are geared to what the VAROs want-

                                                                     and that is - to deny the claim.

 

 

 

 

 

 

 

 

 

 

 

 

Edited January 8, 2019 by Berta

[wirat]

On 1/15/2019 at 6:48 AM, Berta said:

Is anyone here willing to actually contact the OAWB and send them a copy of your flawed C & P exam?

 

Yes, I am organizing information that I have for a complaint I posted about here, but not sure it if would do any good in the end because it's going to come down to a "he said, he said" situation.

[Berta]

We are being scammed deliberatey- The VA is taking away our rights- 

I posted here the VA page where they list their contractors.

If you search for the Tally case, you wil see what they are doing, not to a few but to Many.

Ask for a new C & P exam on the same one the faulty exam was done on.

If VA fails to cmply call the White House Hot line 

1-855-948-2311

And/or file an IRIS complaint.

And/or contact the Office of Accountability - all of these entities are searchable here-

Or  get an IMO/IME whe you get the actual C & P exam  and decision ,to see if it did cause a denial.

" It seems you can file a NOD but then you are burning up an appeal when you should not have to appeal it in the first place." Right- this crap is job security for the ROs, and if the C & P exam s not corrected right away- it will stick with you for years via the ridiculous claims process.

I blew the whistle on my VARO today-regarding this issue-  but that is only because I have my own proof of every lousy C & P exam they ever gave my husand after he died. He cant speak for himself anymore but I can speak for him with evidence I sent to them.

I posted some info  on these contractors here recently- one of the outfits says "low liability" if a medical person applies for a job with them.

The VA is going to take away our FTCA and 1151 malpractice rights -if a non VA "doctor" or health professional causes you harm or your death.At least 24 years ago when the VA killed my husband, all of the doctors I named ( in two VAMCs in NY for my FTCA case ) actually worked for the VA.

My main complaint with OAWB has taken quite a turn-it started out with my proof of how the OGC is manipulating the actual mapratice stats of the VA and how the ROs know who gets 1151 awards, but neither the public nor Congress knows how much that costs, nor how many vets they harm or kill with malpractice......

now it is about the C & P process and how we are harmed by denials that- as you stated- many should not have to occur in the first place.

A male vet here some time ago with a leg problem ( PAD, PN, GSW residuals ??? forget what )got a C & P exam from a Gynecologist-

figure that out- it is ridiculous.

 

 

 

 

 

 

 

Edited January 22, 2019 by Berta

[Berta]

White House Hot Line 1-855-948-2311

Office of Acountability and Whistle Blower Protection     vaaccountabilityteam@va.gov

I just got  email from them on the investigation.Minutes ago- for one question they had.

There anonymous  Tip # is 1-855-429-6669

I think what they just got from me was VERY probative, as they also gave me a Case Number.

I also mentioned to them another vet who deals with this VARO as well-who contacted the IG but said he would also contact the OAWB-if he did I hope he used my name to bolster his C & P problems.

It was only part of one C & P exam they did on my husband, and another one the RO won't release , done in 2015 that I sent today.And some other stuff they asked for.

 

 

 

Edited January 22, 2019 by Berta

[Buck52]

Ms Berta Great information from you  I agree 100%

a lot of times Veterans forget to ask the Dr for his/her credentials and ask if they are qualified to do this C&P Exam.??

Veterans are nervous at their C&P and they don't need to be!  but being nervous and jittery   the examiner watches every mintue  while were there ..if a examiner gets the Ideal veterans are nervous ///maybe they think were Malingering...maybe not  but that seems to be a lot of reason for denials    they simply don't go any further reading the evidence...Again Veterans need to speak up at their C&P.  BUT ALWAYS BE NICE NEVER YELL AT THE EXAMINER JUST BE FRIENDLY AND RESPECTFUL AT ALL TIMES   YOU CAN ASK QUESTIONS IN A CALM NICE WAY.  

..some Dr's get Pissed  if we ask them...or simply tell us ..well the VA Hired me to do this C&P Exam  is that enough qualification for you?

Some of the Dr do not wear a name badge or credential badge...I guess we just have to take their word for it...as for as the STR's And medical Notes from Dr's   they usually have them in the computer  they don't read from paper records anymore  unless the Veteran has them with him....VA is bad about not sending them all the Medical evidence (Records or Dr's Notes)   so this is why ALL veterans should take all their evidence to their C&P...IF The Examiner does not touch on something that would help with the Veterans claim  the Veteran needs to speak up at his C&P and make sure the Examiner has all the information needed to help substantiate his/her claim

And also the do not read all the information during the exam   this again is when the Veteran Needs to speak up.

[63Charlie]

 

I just sent an email off to the link Berta provided with a complaint detailing the reasons why my latest exam for Meniere's Disease is flawed.

The VA sent me to an ARNP with a whopping three years of medical experience, and those entire three years experience acquired performing C&P exams for the VA.

Meniere's Disease is complex medical condition that requires pure tone testing, speech recognition testing, and acoustic reflex testing for inner ear abnomalities, and a review of relevant medical evidence all performed by an audiological specialist

In other words, all this falls under the scope of an audiologist.

The VA failed me again.

Broke their own regs by not giving me an audiologist C&P examiner.

Complaint sent to the above email link Berta provided.

I'm thinking by VA breaking their own regs , this matter may rise to the level of a CUE, although I admit, CUE scares me due to my lack of knowledge.

 

 

Edited January 23, 2019 by 63Charlie

[Richard1954]

Berta,

I just had two new C&P exams scheduled thru LHI ... the first one was for my hearing... I really can't say much about the exam until I see the results.

The second one was on my Left Knee.... it was a second C&P exam... initially I was surprised that than a new exam had by scheduled because I also paid for an IMO from Dr. Anise.

I did discredit the original c/p examiner who was a nurse working va exams only as a PA. 

Now first I told her that my r knee which is service connected buckled causing me to fall and in the process I twisted my left knee tear my meniscus.  

Her original statement was that it was the slope In my back yard that caused me to fall and injury my knee.... and indicated  it is less that likely that the right knee was the cause of injury.....

22 Days later she changed her statement to say there is no evidence that one lower extremity could cause damage in the opposite lower extremity ..and indicated again less likely.... she cited her reference... 

 I found the reference she cited and there was't any such line in the reference,  upon closer examination I found a line that had her statement in it, but she shorted the line .. in other words, she only quoted part of a statement that was in the  reference, in fact the reference had nothing to do with knees, and every thing to do with gait, caused by a shorter limb.... 

I really torn into her examination as well as the medical statement and stated she had no business doing C/P exam that she was bias, and fabricated a statement a total lie , that to cite only part of a line and state not likely  that she committed a fraud. She had an agenda, and it was to screw me .....

Really, has anyone every heard of a C/P examiner going to the trouble 22 days after the exam and come up with a whole reason for denial.

The new exam I had today, was from a Chiropractor who also is a qualified NP. He seamed reasonable. He did not try to get me out of my wheelchair, he did not remove or request me to remove my AFO brace. He asked me questions, and I answered them. He examined the  left knee and check the strength in both knees. He indicated anyone with a knee injury 40 years old is bound to have problems with buckling and he said that he believed it was very possible that I injured the left knee just as I had stated,

The bottom line is no one can really state if my right knee buckled and I fell to the ground twisting the left knee and tearing the meniscus.. so the only logical statement to make is that it is as likely as not.

In fact when I wrote my appeal.. I made the same statement as above, and stated to say other wise would be saying that I was telling a story. I indicated any reasonable examiner would indicate as likely as not ..

 

I will send an email to the link you provided,, and send a copy of my c/p exam and appeal if it helps to get this examiner relieved.