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

[vetquest]

I would first file an HLR myself if the new HLR's are taking less than a year, then I would go to the BVA.  Your rights are allowed in a greater detail by the BVA but it can take several years before they get to you.  Your chances are better at the BVA with that said.  It is up to you at this point, knowing that the BVA process is longer.

In your statement there is a word missing in the last sentence of the first paragraph.  Otherwise it looks good.

[JKWilliamsSr]

I called today and filed a complaint about an inadequate exam.  I also created a memorandum for record and uploaded it to ebenefits and faxed it in as well. 

As I went through this exam it is clear this examiner is full of crap and pretty much lied throughout.  I did not call him a liar but sure wanted to. 

inadequate exam redacted.pdf

[GBArmy]

Reading your letter, I think I would agree with Vetquest. I'd file the HLR and if it should fail to get you satisfaction, then the BVA. The letter is so damning to the examiner that the HLR would seem to me to be the smart move by the RO. It would seem to me that the VA would recognize that the BVA will eventually rule in your favor if just half of what you stated were true, and at the very least have a remand for further discovery. You can still appeal to the BVA if you don't win at HLR anyway. It could be a lot quicker route to take. I usually don't like the HLR but your letter is pretty convincing.

[Richard1954]

I understand your anger and frustration , I've been there. In fact , recently I had a C/P exam for my eyes and the examiner would not listen to what I was trying to say to him. I though surely he was going to screw me. I was lucky,  I got the bump I had asked for.

Now the only way you can discredit a examiner is to tear done the exam itself, or the qualifications of the examiner.  It doesn't do any good to say an examiner is not qualified because they are a nurse or PA. The VA considers all Pa's, NP, and Doctors qualified to do most C/P exam. There are only a few exceptions that requires a specific skill , one is the eyes, one is for Mental issues, there may be a few others.

Get a copy of the exam, review it then submit your appeal using the line by line approach that is respond to every line that he indicated an answer for. Telling the VA it only took 10 minutes for the exam doesn't mean it was impossible to get all the facts. You have to show how and why the examiner is wrong. 

I have done this a few times and in both cases I was afforded a new C/P exam and in both cases my claim was awarded.

If the VA did the C/P exam at a Medical Facility, you should be able to download it through myhealthvet within 30 days. If done by a contractor you have to request a copy in writing to Janesville WI.  intake Center where they will take months to get you a copy and they will list it on VA.Gov as a claim. You have a limited time to appeal so this makes it hard.... I had a case with my knee that I appealed but didn't have a copy of the C/P exam. After I received the C/P exam I submitted a Addendum  to the appeal tearing the  C/P exam apart. I won. 

Oh, it also helps a lot if you have an independent medical opinion.

You may get results with your letter,  I had an ACE exam for my heart ( ace exam is where they don't actually examine the veteran, they just look at the VA medical records with no concern for outside medical records. . I went to a town-hall meeting at the VA and raised holy hell,  I got a real exam in less than a month......

Best of Luck to you

 

 

[JKWilliamsSr]

2 hours ago, Richard1954 said:

I understand your anger and frustration , I've been there. In fact , recently I had a C/P exam for my eyes and the examiner would not listen to what I was trying to say to him. I though surely he was going to screw me. I was lucky,  I got the bump I had asked for.

Now the only way you can discredit a examiner is to tear done the exam itself, or the qualifications of the examiner.  It doesn't do any good to say an examiner is not qualified because they are a nurse or PA. The VA considers all Pa's, NP, and Doctors qualified to do most C/P exam. There are only a few exceptions that requires a specific skill , one is the eyes, one is for Mental issues, there may be a few others.

Get a copy of the exam, review it then submit your appeal using the line by line approach that is respond to every line that he indicated an answer for. Telling the VA it only took 10 minutes for the exam doesn't mean it was impossible to get all the facts. You have to show how and why the examiner is wrong. 

I have done this a few times and in both cases I was afforded a new C/P exam and in both cases my claim was awarded.

If the VA did the C/P exam at a Medical Facility, you should be able to download it through myhealthvet within 30 days. If done by a contractor you have to request a copy in writing to Janesville WI.  intake Center where they will take months to get you a copy and they will list it on VA.Gov as a claim. You have a limited time to appeal so this makes it hard.... I had a case with my knee that I appealed but didn't have a copy of the C/P exam. After I received the C/P exam I submitted a Addendum  to the appeal tearing the  C/P exam apart. I won. 

Oh, it also helps a lot if you have an independent medical opinion.

You may get results with your letter,  I had an ACE exam for my heart ( ace exam is where they don't actually examine the veteran, they just look at the VA medical records with no concern for outside medical records. . I went to a town-hall meeting at the VA and raised holy hell,  I got a real exam in less than a month......

Best of Luck to you

 

 

I have to admit I was quite suprised by what was in the DBQ.  My appointment was so fast I thought he may have took a great deal of information from all the evidence I submitted.   For this claim I submitted an IME report,  my own personal statement in support of claim.  A Statement from my spouse.  SMR's and Civilian records and X-Ray report.   I made sure I left nothing for chance but the examiner did not mention one single piece of medical evidence I submitted.

While it is an accusation I cannot prove I believe the C&P examiner was for lack of a better word pissed off at the evidence I submitted and the Dr. Ellis IME in particular.  I am willing to bet he very well could have had a number of decisions overturned based on an IME from Dr. Ellis.  I will attach a copy of Dr. Ellis Curriculum Vitae.  It is available on his website so I am not breaking any rules there. It is available to anyone. I uploaded his Curriculum Vitae on Ebenefits and faxed it in with my supplemental claim when I filed them.

The DBQ is full of blatant lies and while I am not going to say the examiner is a liar I do not know what his motives were for doing he did with the DBQ. 

Well in the end I will have to redo the letter I sent because when I posted my earlier message I had thought I uploaded the letter only to later learn it timed out on the page and did not upload.   That is ok......though.   It will give me the opportunity give it a final edit and make sure I do not miss anything. 

 

CVDrEllis.pdf

Edited December 7, 2019 by JKWilliamsSr

[GBArmy]

Buck, go to the head of the class! In fact, I doubt you can come up with any advise today that would be better! Great post. Common sense stuff but it really is important to pay attention. Sometimes what the examiner DOESN't say is just as important as what they do say. By saying or not saying these things, or acting this way the examiner is giving you a heads up that you got to give him more info on your disability.