Looks like my back claim will get denied and the C&P exam was a joke

[JKWilliamsSr]

I filed a supplemental claim to have my back claim reopened.  I did this with new evidence which included an IME from the Ellis Clinic.    I had a C&P exam on November 5th and was finally able to view the notes today.  The exam was a joke and I knew this going in. 

My appointment was scheduled for November 5th at 1:00 pm.    By 1:14 pm the exam was done with the results and completed DBQ uploaded to the system.    So  we are expected to believe that a doctor can properly complete a C&P exam, make accurate determinations and fully complete a DBQ in 14 minutes?  Do they really think we are that stupid?

For lack of a better word this examiner flat out lied on the DBQ.  I will paraphrase some of the questions for simplicity.  It is funny because I have submitted personal statements that actually contradict the bullshit the examiner wrote. 

1.  The examiner stated I did not report flare up.   Well considering he did not ask me a single question it would be hard to report a flare up.  That is why I submitted personal statements. 

2. The examiner stated that I did not report any functional loss or functional impairment - This is a complete flat out lie because at the start of the appointment the examiner said to me. "Tell me about your back"  and I proceeded to tell him everything I was going through. 

3. The examiner stated that my obesity is the cause of my back issues. 

4.  The examiner stated that I am being examined after repetitive use over time - Another lie. Not sure how he could even make that determination. 

5. Examiner stated that I was only seen twice for my back -  Another lie.  There are 9 active duty visits for my back in my records. 

Oh......and while he did ROM testing he did not use a goniometer 

I am completely at a loss for words.  This is actually numbing because I did everything I could to make sure they had all the info they needed and a lazy C&P examiner does not do his job. 

I will be calling the white house hotline today to complain about this. 

November 2019 C&P exam.pdf

Edited December 5, 2019 by JKWilliamsSr

[Buck52]

I AGREE WITH RiCHARD1954

I TELL ALL VETERANS THAT GO TO THEIR C&P EXAMS TO LISTEN CAREFULLY AT THE EXAMINER .

 SOME TIMES THE EXAMINERS READ OFF THE COMPUTER ABOUT YOUR CONDITION  AND DON'T MENTION IT TO THE VETERAN AS THE EXAM CONTINUES.

  SO ITS A GOOD IDEAL TO ASK THE EXAMINER SOMETHING LIKE THIS.

Excuse me Dr  but did you read the part my Dr mention about my** bla bla bla?  sometimes we have to spoon feed these speechless examiners.

Examiners Veterans need to watch for 

1, SPEECHLESS EXAMINERS

2. DON'T ASK MANY QUESTIONS OR QUESTIONS  ABOUT YOUR CONDITION YOUR CLAIMING.

3. IF ANY EXAMINERS SAYS TO THE VETERAN ITS NOT ME THAT MAKES THE DECISION.

VETERANS NEED TO BE VERY AWARE OF THESE TYPE EXAMINERS.

REMEMBER TO SPEAK UP FOR YOURSELF   AND TAKE YOUR SPOUSE WITH YOU  MOST EXAMINERS WILL LET THEM COME IN WITH YOU  IF THE EXAMINER DON'T   ......>THEN BE AWARE.

[vetquest]

If you have an IME and it is positive, it should state that they reviewed all of your Service Records and that it is as likely as not that your current situation is related to service injuries I would request a supplemental claim and note where the examiner was wrong.  You need to have a nexus provided in the IME.  With all of this you have a pretty strong appeal against a flawed C&P.  Good luck and know that you might get denied on appeal but then you go to the BVA.  The BVA has a pretty good record when you have the benefit of doubt.

[JKWilliamsSr]

2 minutes ago, vetquest said:

If you have an IME and it is positive, it should state that they reviewed all of your Service Records and that it is as likely as not that your current situation is related to service injuries I would request a supplemental claim and note where the examiner was wrong.  You need to have a nexus provided in the IME.  With all of this you have a pretty strong appeal against a flawed C&P.  Good luck and know that you might get denied on appeal but then you go to the BVA.  The BVA has a pretty good record when you have the benefit of doubt.

My IME is positive and dots all the "i's" and crosses all the "t's"

Here are statements in my IME Report:

"It is my medical opinion, it is more likely than not, that the patients lumbar degenerative disc disease is service connected because of the of symptoms when he was serving in the US Air Force." (there is medical reasoning listed but I am sparing myself typing all that in..lol)

The final statement that covers the entire IME is as follows:

"My medical opinions are based upon my examination of the veteran, review of records, my education, training and experience and upon reasonable medical probability and reasonable medical certainty>

It is my medical opinion that the impairements and disabilities set forth in this report were, more likely than not, due to and a consequence of this veteran's military service."

I am also attaching the list of records that were reviewed by Dr. Ellis and was attached to the IME report he submitted. 

 

 

IME records.pdf

[paulstrgn]

Vetquest advice is good, you may want to follow it.

The IME records list you provided for your back (and hip pain) 9 doctor visits. Did you have a MRI done on your back? Or xrays? (this may have been done after military service) If so did you also submit the results of those to your doctor? Make sure you also submit copies of those results with your supplemental claim. I would also suggest re-submitting the doctor appointments listed with the claim (I submitted my SMR that were relavent every time I filed regardless to whether they had them or not). 

I am assuming you filed for the other issues listed on the IME Record listed above. I noticed that only item 4 and 6 relate to your back. If you did not claim the other items on the list then you need to as soon as possible.

Good luck 

[JKWilliamsSr]

5 minutes ago, paulstrgn said:

Vetquest advice is good, you may want to follow it.

The IME records list you provided for your back (and hip pain) 9 doctor visits. Did you have a MRI done on your back? Or xrays? (this may have been done after military service) If so did you also submit the results of those to your doctor? Make sure you also submit copies of those results with your supplemental claim. I would also suggest re-submitting the doctor appointments listed with the claim (I submitted my SMR that were relavent every time I filed regardless to whether they had them or not). 

I am assuming you filed for the other issues listed on the IME Record listed above. I noticed that only item 4 and 6 relate to your back. If you did not claim the other items on the list then you need to as soon as possible.

Good luck 

All of the disabilites on the record list were filed for.  They had to be broken down and to new/increase and supplemental (reopened) claims.  The new/increase claims have been completed and I filed an HLR for issues on those because they pretty much screwed that up. 

I had some issues that had to be filed as supplemental claims because they were denied back in 2009 so I was past the appeal period.   The back claim was one of those claims.  I have absolutely zero trust in the VA so when I submitted my claims I uploaded all the pertinent SMRs that were related to the disabilities they were claiming.  Everything you see on the IME records list was submitted with my claim.   The Civilian records I submitted had an xray report that showed degenerative disk disease in my back. 

Now one can hope a rater will look at the IME report and evidence submitted and realize the C&P examiner did not do everything that was required but I will not hold my breath on that one.

My Ex-Wife is doing a statement for me as we speak to dispute the stupidity of claiming my back issues are related to by obesity.  Now while I submitted a statement in support of claim myself showing symptomology since service it is clear they did not looked it.   We met in 1999 which was 3 years after service.  I had all of these issues back then and at that time I weighed 165 lbs.   I should have that statement within the next few days.  

[JKWilliamsSr]

Here is my next question. 

Do I wait for the decision to come down before I file a complaint for a new C&P exam based on the errors that were made  or do I call the 800 number and have them put in my record that I received a bad C&P exam and then fax the statement about it?

Here is the breakdown on how my exam went. 

1.  My appointment was at 1 pm and at that time exactly I was called into the PA's office

2. When I sat down the PA asked me to tell him about my back.   So I told him pretty much everything that is my statement in support of claim.  (I am attaching)

3. The PA then asked me to stand in the middle of the room.  He sat in a chair on on side of the room against the wall. 

4. He asked me to bend at the waist 3 times.  After the first movement he asked me to bend further and I told him I could not because it hurt.  He did not take a single measurement.

5. He had me sit on an examining table.  He had me push forward with each leg as he provided resistance and did the same thing having me pull back on his hand as he applied resistance. 

6. He then had me sit at next to his desk as he copied and pasted a bunch of entries.   

7. Appointment was over.   I was out of his exam room in less than 10 minutes. 

8. at 1314 hrs he uploaded my completed DBQ.  

Redacted back statement.pdf