C&P Errors

[RBrogen]

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 May 20, 2019 by RBrogen

[vetquest]

Great info Bertha.

[RBrogen]

On 5/20/2019 at 4:49 PM, Berta said:

I think the best bet is to complain directly to the QTC, LHI, or VES, whoever did  the faulty C & P exam.

I called the WH Hot Line 2 week ago to complain on a posthumous C & P exam done by an actual VA employed doctor.

Some joker from the VHA called me up to discuss this.He didn't seem to have a clue on what to do.

He kept saying if I brought up the claim it involved, that VHA has nothing to do with the VBA.

I realized he did not understand that our benefits are determined by C & P exams, under the VBA, not the VHA.

I just told him I would take my concerns to Congress. 

There is a bill there about these lousy C & P exams but it is not a viable bill.

It is easier to write a legitimate bill and see if someone will introduce it- then deal with clowns.

This is what the Bill should be based on:

https://cck-law.com/news/va-contracted-cp-exams-not-meeting-quality-timeliness-standards-gao/

 

 

[RBrogen]

UPDATE:  I contacted the local C&P office where the exam was done (there's really only one doc doing the exams at that location).  The person scheduling the exams told me that I should come back in on a Tuesday or Thursday when there is an open Regional Office teleconference call so that I could explain my issue.  I went back in on Thursday May 23rd and after speaking with the RO, they had me fax my detailed documentation of issues so they could hand carry them to the person handling my claim.

Additionally, I happened to have the contact information for the Deputy Chief Medical Officer who I sent a note to about the situation.  He, in turn took all of my evidence and then passed it along to the Chief of C&P for that location.

My goal is to have the inaccurate C&P expunged from my record and a new C&P performed.  I'll keep you posted and thanks for the feedback.

[broncovet]

Until/unless congress changes something that actually works, it appears you have some options:  

1.  Do nothing.  

2.  Use this regulation to try to get records corrected:

https://www.law.cornell.edu/cfr/text/38/1.579   (Try this method first).  

3.  Get an IMO/IME refuting the exam.  

4.  Bring the errors to the docs attention and ask him to correct it under 38  cfr 1.579

5.  Try some other stuff which is less likely to work, such as calling the white house hotline, or complaining to IRIS.  

 

[RBrogen]

UPDATE:  I was told on teleconference call today that the Regional Office is going to schedule me a new C&P exam!  I'll keep you updated.

[Richard1954]

40 minutes ago, RBrogen said:

UPDATE:  I was told on teleconference call today that the Regional Office is going to schedule me a new C&P exam!  I'll keep you updated.

Im glad they responded.. usually they tell you to just wait and appeal