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JKWilliamsSr

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

Question

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 by JKWilliamsSr

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JKWilliamsSr

Appeal to BVA. Too much of a legal hurdle to try HLR; they won't change their decision. IMO.

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I had a similar experience with SA, the VA used a PA to give an opinion and I had two MD opinions. The VA went with the PA opinion and ignored my two MD opinions, same at the HLR. It took the BVA to approve my SA, they actually read my medical opinions.

Even though I prefer to go the HLR route (its faster) GB is right the BVA would probably be your better route. Now if you get the right senior rater who actually reads your evidence then they would approve it at the HLR level.

I am assuming you are filing all this within one year of your decision.

Good luck!

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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.

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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

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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.

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