C&P Exam: Mentioning Inaccuracies to RO Before Claim is Decided

[FlyHigh1995]

Thank you to everyone who shares information and experiences!

My question: Is it wise for me to attach a memo to my claim detailing the inaccurate info. on my C&P exam since I have proof it’s inaccurate? I just figure it can’t hurt and maybe it will result in me having to avoid an appeal if I can make RO aware of discrepancies now.

I almost feel like I need a camera & microphone to record exams; which I wouldn’t do, it’s probably against the rules...but when medical professionals lie on reports...it’s tempting.  I would like to say she made mistakes, but she blatantly falsified information. Unfortunately, this seems common practice during alot of VA exams.

I recently had a C&P exam with a Nurse Practitioner for a Gerd/Hiatel Hernia increase. I’m currently 10%. I have symptoms for 60%, including occasional vomiting of blood and emergency room visits. I also claimed services connections for a couple of medical issues. After reading the VA examiners responses to the DBQ questions, I noticed she blatantly falsified info. Stating she performed exams she never actually physically did. She stated I hadn’t had labs or endoscopy for a Gerd; which are actually in my records. She checked the “No” box to questions regarding whether or not my disability affected my work, even though I told her “Yes” and I actually went into great detail as to how my work is affected. 

I actually had a non VA doctor (who used to actually be a Comp & Pen Examiner with the Va) fill out DBQs, including one for Gerd. She reviewed my records and put all the right language on DBQ including that she reviewed my SC records and prior C&P exams and statements like “ as least as likely as not...etc...” . I thought Comp & Pens were not necessary if veterans submit completed DBQ from a Non Va doctor.

 I plan to get an IMO if I have to appeal.

[Berta]

"But I may be presuming too much...maybe the RO will consider the DBQs I submitted from a doctor more valid than the incomplete/inaccurate DBQ the VA Nurse Practioner submitted. "

I certainly would hope so.....but many of us here ( all of my claims have been a battle) would agree with this:

"Thank you for the advice and recommendations! It seems the claims system is set up to deter veterans."

The good part of all that is how much knowledged we gained,by fighting back, and and sharing what we learned here.

The bad part is that this NP is paid by the VA (or by the contracting firm who is paid by VA for their opinion.)

We  hard core VA claimants have dealt with that obvious Conflict of Interest for Decades.

 

MD opinions should definitely outweigh a NP opinion.

Edited February 8, 2019 by Berta

[vetquest]

1 hour ago, FlyHigh1995 said:

But I may be presuming too much...maybe the RO will consider the DBQs I submitted from a doctor more valid than the incomplete/inaccurate DBQ the VA Nurse Practioner submitted. Ebenefits moved my estimated claim decision from Mar to now June. I claimed as a FDC in Dec 2018.

Hopefully these DBQ's will do the trick.  Do not be depressed if the RO does not consider them enough though.  I have seen numerous times in my fights that the BVA recognizes evidence the RO did not.

As for a lawyer, anyone who requests money up front is a shyster.  Good attorneys will take your case on contingency if they think they can win it and they only take 20% which is the maximum allowed by the VA.  Yes, unfortunately IMO's are around $1500.

[FlyHigh1995]

Thank you all for your knowledge and advice. From your inputs...looks like I have numerous resources & rights I can use  in order to gain benefits if my flawed C&P exam ruins my chances of an increase and service connections. I will definitively utilize the suggestions. Spending money on IMOs or anymore DBQs will be my last resort.  Of course I will seek assistance from an attorney for an appeal if they can represent me on a contingency basis.

[blahsaysme2u]

hey group. sorry i have been away for so long. 

i had an exam on monday where the audiologist admitted they had no idea why they were examining me or what my claim was for and hadnt looked at my records. when i explained my claim had nothing to do with physical hearing loss and that i had already had a puretone test done the doctor said "i dont know i just do what the tell me" 

i dont know what to do about this because i have a DX for my condition, have had all the testing for it and puretone testing done by the c&P examiners at least 4x now and this claim was not put in for hearing loss but secondary to TBI. any suggestions? 

seems relevant to the OP question on bad exams and how to handle them. 

thanks everyone

[blahsaysme2u]

PS i record all my exams. i have yet to find anything that says i cant. 

I AM NOT TELLING OTHERS WHAT THEY SHOULD DO OR GIVING LEGAL ADVICE....JUST WHAT I DO

[Miken2c74]

I challenged a C&P exam and won. I had an IMO/IME prepared and wrote the differences between the two exams and why one exam should have been afforded more weight  over the order. So when they assigned me to another C&P for those disabilities the exam respectfully was used to verify the information in my IMO/IME and to help take the wind out of the contracted VA examination and I won. For VA to omit information, leaves you a way in and out of the wheel.  Your information has to be very accurate and chronologically correct.  Remember your benefit of the doubt doctrine. I won a claim with just a lay statement pointing out dates and times and diagnosis and treatments.