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RBrogen

C&P Errors

Question

Posted (edited)

Hey Everyone,

I wanted to post here to get some advice.  I went to my latest C&P this past Friday May 17th, 2019 for an increase to my original condition of Lumbosacral strain as well as secondary NSAID induced GERD because of taking NSAIDS for years of treating the pain from my back and legs.  Here are the issues that I had and am wondering should I submit an additional document to my claim to let the RO know of my concerns before they make a decision or should I wait for decision and then go for higher-level, supplemental, appeal road.

  • Examiner did not use Goniometer to measure ROM on my back (indicated that I was up to 70 degrees and 20 degrees on everything else)
  • Examiner noted pain during ROM testing but did not indicate at what point in ROM that the pain started so that the accurate ROM could be determined
  • Examiner did not fully review my records as indicated by:
    • they did not note spinal stenosis as a diagnosis which is clearly indicated on my MRI results
    • they indicated that they did a straight leg test with negative results when in fact they never did that test.  I never layed down.
    • they indicated that I had not sought treatment for my back since 2017 which is completely false. I have documented treatment records at the VA beginning back in Nov 2018 through this month.
    • they referenced a 2 year old MRI result instead of my MRI from 2 weeks ago
    • they indicated that I was taking pain medication for non-service-connected conditions (neck/knees) which are actually service connected conditions in my file.
    • they didn't record my specific statements about flare-ups and the functional impact saying that I didn't report any at all.

Any thoughts would be greatly appreciated.

Thanks in advance.

Edited by RBrogen

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First I would call the local VA C&P office and inform them about the exam.  Keep it positive but let them know that the examiner missed important medical issues in your records including service connection and an MRI.  Also explain that the straight leg test was not performed.  They might give you another examination.  @paulstrgn has been successful in that endeavor recently.  Now is the time to get this done.  

Also I would submit the other information to the VA to get that condition looked at hopefully at the same time.  That might slow down your decision but it looks like you do not want them to make a rating decision on the most recent C&P anyway.

Good luck.

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I called the White House hotline at 855-948-2311 and complained. I also emailed the regional director about my issues with the C&P. She had someone call me and we spoke for over an hour, I have my new C&P on Friday.

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14 minutes ago, paulstrgn said:

I called the White House hotline at 855-948-2311 and complained. I also emailed the regional director about my issues with the C&P. She had someone call me and we spoke for over an hour, I have my new C&P on Friday.

Hey Paul ... thanks for the info and congrats on your new C&P.  I took VetRequests advice earlier and called the local C&P office where I had my C&P.  I explained the situation and the lady on the other end said that the regional office rep would be at their location tomorrow and Thursday and that I should come in and speak directly to them because it has a potential negative impact on my claim.  I'm going in on Thursday morning because I already have to be somewhere else on Tuesday.  So I guess by doing this I'm goin to the regional level similar to your approach as well. I'll keep you posted and I hope your new C&P goes well.

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@RBrogen that is great, yes you need to push the issue when they do wrong. Be prepared to tell them facts, also if you have any evidence that helps your case bring it too. 

 

Good luck on Thursday.

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Posted (edited)
3 minutes ago, paulstrgn said:

@RBrogen that is great, yes you need to push the issue when they do wrong. Be prepared to tell them facts, also if you have any evidence that helps your case bring it too. 

 

Good luck on Thursday.

Thanks Paul.  I have a boat load of facts that clearly show she didn't review my documents.  She claimed on several questions that my neck and knees were non-service-connected conditions when in fact, they are both direct service connected.  She also claimed she did a "Raised leg test" but didn't.  I never laid down on the exam table which would be required to properly administer a raised leg test.  I only sat on the edge of the table and she did reflex testing on my knees and achilles.  There were several instances where I specifically gave her information on my condition like with flare-ups and functional loss and she checked No Flare-ups reported.

Edited by RBrogen

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