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

[RBrogen]

Just now, Richard1954 said:

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

Definitely ... I think they did this because the errors were so demonstrably egregious that the just thing was to do a new exam.  Her boss is now involved as well.

[vetquest]

That is outstanding.  The VA is doing something right by the veteran here.

[Berta]

If veterans directly complain to the contractor- QTC, LHI, VES- (I posted their contact info here available under a search)

they have a good chance of getting a better C & P exam.

Last year the GAO reported on the  problems with these deficient C & P exams.

One of the most important vet law groups we have  responded on line at how shocked they were-

that surprised me  that they were completely unaware of this fact, and I contacted them right away-

This will change if Congress gets involved. These contractor firms  have to keep an accounting of these complaints.

What bothers me the most is that these contractors are filling our VAMCs ,replacing VA doctors,and diagnosing and treating veterans.

If you are aware of the Brain  Tally malpractice case, you will see what I mean.

They can only be sued for negligence/ malpractice in a Federal District Court. The VA has taken away the FTCA and 1151 rights of veterans they might commit malpractice on.

Some of them are former VA employed doctors.

 

 

 

 

 

 

Edited May 31, 2019 by Berta

[RBrogen]

UPDATE:  Apparently even though I proved beyond any reasonable doubt 3 days after the C&P that it was inadequate, sent information to RO who told me I would get a new C&P, they went ahead and processed my claim anyway with the bad C&P.  As expected, it was a disaster!  The GERED was denied as not service connected as was the shin splints which are BOTH documented clearly in my medical records and the C&P exam just before the last C&P.  They didn't approve the increase for lower back even though I proved the doctor didn't do the exams she claimed she did nor did she ever use a goniometer.  5 of the other conditions were "Deferred" and ultimately they awarded me 10% sciatica bilateral lower body which should have been even higher than that.

Now I have to go through the jacked up process of filing the notice of disagreement and going back at them.  It also appears on E-Benefits that as they changed the status today from Awaiting Decision Approval to, Preparing for Notification ... all of the conditions updated, showing their current status ... THEN about 20 minutes later, the status got reset to Review of Evidence.  I surmise that this is probably because the pushed the original claim through with the bad info to get it off their books faster and once it was deemed "Complete" it goes to their quota number and then they will go back and do the "Deferred" items.  Leaving me to have to fight them to get the original crap corrected!  UGH

[vetquest]

Sounds like a very frustrating experience.  My question is that if they had a C&P that documented the gered and the shin splints in a previous C&P why did they send you to another.  The VA is not supposed to be allowed to send you to a C&P to develop negative evidence to refute a previous C&P.  

[RBrogen]

You got me vetquest ... the C&P included only 2 of the 7 conditions claimed (lumbosacral strain increase and GERD as secondary to lumbosacral strain).  I've taken the NSAIDs for decades and have diagnosis of NSAID induced GERD and this examiner was really not doing her job.  She actually said that I was taking NSAIDS for other major musculoskeletal issues like neck and knees that were not service connected so therefore she couldn't say 50% or more it was the cause.  NEWS FLASH:  BOTH my neck and knees are service connected and she didn't read my file.  Yes very frustrating but you have to dance the dance I guess.  I did go from 80% to 90% after today retro to 2/2019 and I have a long list of conditions they still have to decide on.