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C&P Errors

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RBrogen

Question

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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  • HadIt.com Elder

RBrogen, 

  I bet it will be a winner  think positive!!! 

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4 hours ago, Buck52 said:

RBrogen, 

  I bet it will be a winner  think positive!!! 

Thanks Buck ... fingers crossed I am optimistic about the outcome given I have all of the reports etc and they look positive for sure.

 

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