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 

[creek chub]

1 hour ago, GeekySquid said:

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.

Thanks for your response. I appreciate your vast knowledge that you supplied. 

I don’t have an IMO or know where to get one. My condition is secondary pain in my second toe (capsulitis) due to a service connected bunion. I guess I’m bummed because the second toe was in my statement to have evaluated and I specifically told the doctor that’s what hurt, yet there was no reference in his notes. 

I’ll see if I can upload my redacted documents. 

In hindsight, I should have gotten a statement from my private physician who attempted to repair my second toe when he did the bunion surgery. He actually said the bunion caused the second toe pain. I thought it’d be obvious due to the scar but I know I’ll contact his office first thing in the am. 

[GeekySquid]

5 minutes ago, creek chub said:

should have gotten a statement from my private physician who attempted to repair my second toe when he did the bunion surgery.

take the DBQ with you to show him the language that has to exist to make the connection as well as the various conditions that are part of that.

That will be your IMO/IME

5 minutes ago, creek chub said:

My condition is secondary pain in my second toe (capsulitis) due to a service connected bunion.

so you have a 40% rating for the bunion and filed a claim for pain secondary to the bunion?

6 minutes ago, creek chub said:

I guess I’m bummed because the second toe was in my statement to have evaluated and I specifically told the doctor that’s what hurt, yet there was no reference in his notes. 

What I read there is you uploaded a lay statement, is that  correct? did you upload any medical files related to the pain from that toe?

further when you say "his notes" are you referring to the Award Letter, the DBQ, OR did you actually get the physicians notes on your C&P exam?

[creek chub]

Great idea about the dbq. 

I have a 10% rated bunion for about 25 years. And filed a secondary claim for my second toe that was injured due to the chronic bunion. That was actually my chief complaint for getting a referral for bunion surgery. 

I did upload a lay statement specifying my second toe pain. I also uploaded my bunion surgery notes. Looking back it doesn’t speak to any detail about the second toe ligament release. I’m hoping my private physician will be agreeable to provide the statement. I still have pictures of the foot at my first post operative checkup 

[GeekySquid]

4 minutes ago, creek chub said:

I’m hoping my private physician will be agreeable to provide the statement.

Good luck and I hope they are willing to help you. Be aware they may charge for doing that report. You have to decide if that cost is worth the extra money for the IMO.

Please let us know what happens.

[Richard1954]

The best thing to do is wait until you receive the decision, if then you don't like the results,  file a NOD, and discredit the examination based on sound facts and medical  Asking for a new exam isn't likely to result in one  unless you can show the examiner didn't do his job. evidence. Someone said file a CUE to buy time.. that would just be a waste of time because you still have to address the real issue, and its very unlikely CUE exist. ( again if your not happy with the decision).....

Edited July 16, 2019 by Richard1954

[creek chub]

11 minutes ago, GeekySquid said:

Good luck and I hope they are willing to help you. Be aware they may charge for doing that report. You have to decide if that cost is worth the extra money for the IMO.

Please let us know what happens.

My private physician seems reasonable. He provided a statement for me to give to the VA to get custom orthotics. Thanks again for your advice. I really appreciate it and will let you know how it goes