C&P fiasco

[creek chub]

I had my C&P exam last Friday and reviewed the examiner’s notes today. The examiner made no mention of one of the conditions that I claimed for evaluation. Other concerns are he didn’t ask one question about pain or range of motion but said there isn’t pain or range of motion issues. 

I’m a VA employee at the facility that did the C&P exam, which I was always told should never happen. Mainly due the possibility of abuse of the process in favor of the veteran. Well, based off my experience the opposite happened. 

Any suggestions? I’m inclined to submit a statement to my file requesting a different examination due to obvious errors 

[GeekySquid]

1 hour ago, creek chub said:

One other detail regarding my C&P exam that I just noticed. My appoint was at 0900. I was called back right on time and was walking out his door at about 0915. I knew it was a fast exam and his digital signature states 0912. 

My last C&P for Voiding Dysfunction was done by a GP who got his MD in Israel 6 years ago, never had a private practice and had been doing C&P exams for "1 to 5 years". He has no specialties except MST and in the front of his office by the reception desk is a typed sign that says

Remember your appointment includes the time the Dr has to review your medical files.
--------------

I am going to make the trek back to his office and photograph that sign and include it in my NOD against his decision.

[GeekySquid]

9 minutes ago, creek chub said:

Well, right or wrong,

from my perspective you are right and should do that..

[Sgt. Wilky]

I've never had a C&P exam that I believed came anywhere remotely close to being fair. I'm 100% convinced they exist in order to insert discouragement and doubt into the veteran, but don't give up. I don't think submitting a statement would hurt and I don't believe it will help. This abuse happens consistently in the VA.

Do you have private medical records or treatment records? Do you know what DBQ they used? I'd print one off, and ask your doctor to fill it out. You may have to pay them for their time but getting a medical nexus statement is what helped my case; that, and appealing based off insufficient C&P examinations. Be prepared for a long fight, and always be gathering evidence. Do you have a rep of any kind helping you? They should be helping you win your case. If not, try to get one; yes, a lot of them suck, but they're better than nothing.

You might be able to win a CUE based off the fact that you had it at a facility where you work. That would at least buy you some time...

Don't give up, no matter what.

Sgt. Wilky

[GeekySquid]

1 hour ago, creek chub said:

I’m inclined to submit a statement to my file requesting a different examination due to obvious errors 

file a NOD and definitely demand a new examination.

[creek chub]

Just now, GeekySquid said:

file a NOD and definitely demand a new examination.

Should I wait until I get a decision or is there any benefit from trying to get a fair and accurate evaluation now? id Have to get the max for both claimed conditions to change my rating. It’s doable though 

[GeekySquid]

Just now, creek chub said:

Should I wait until I get a decision or is there any benefit from trying to get a fair and accurate evaluation now?

That is a call you have to make.

Do you have an IMO/IME?

can you afford to get one? (you don't have to answer that here, just to yourself)

when you NOD the claim, state your facts and reasons. Challenge the Doctors credentials (that preserves the right to do it at a higher court level. If you don't do it from jump street you lose the right to claim it later).

show your documents and draw them an exact map to each thing that is wrong and the proof that it is wrong.

you don't say what you are rated for or what the C&P is for so I cannot give a more focused example, but let us suppose that you are 40% for various knee/back problems.

Let us further assume your C&P was for PTSD and the nexus was the same incident that messed up your feet/knees (that just makes things simpler for this example).

If they accepted the in-service event, the  nexus for the feet/knee, and you have a diagnosis of PTSD, then you have two sides of the Caluza Triangle to start and must then explain why the same nexus serves for the PTSD.

https://www.hadit.com/caluza-triangle-defines-necessary-service-connection/

in this scenario you need to tell them that XXX happened, see my feet/knee award, and when that happened I began to have Z, A, WW, and LL which show my PTSD is related to the in-service event..

You will of course make your map more detailed.

In a different scenario, based on your post, you could be asking for an increase and were awarded a C&P. In this case you need to use the DBQ and medical standards/records/tests/lay statements to show your condition has gotten worse.

If they made a Clear and Unmistakable Error (CUE) in how they applied the law or facts to you; ignored evidence; or just outright did not look at your records, then consider that path.

You did not provide enough detail for me to offer any deeper observation.

If you want to, redact all your personal info from your files and award letters and upload them. Get and Upload the DBQ from the Exam. Include any lay evidence.

With that information a more detailed and appropriate opinion can be rendered.