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

[JKWilliamsSr]

6 hours ago, Buck52 said:

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.

Of your list of examiners to look out for my examiner was #1 and #2.

My examiner barely spoke during the exam.  He said tell me about your back and nothing more.  The only words he uttered were when he gave me instructions for his bogus ROM exam and to push forward and backward on my legs.

He also did not ask a single question.  Not one.

[Buck52]

KJ WilliamsSr

Will be interesting how the exam went?let us know.

sometimes we think a bad exam is obvious  denial..but not true some of the examiners just don't like to talk  and they read in the computer all about what your claiming .

  if you got the evidence  then you should be approved or a good report in your favor from the examiner.

  if they don't talk much its 50/50 because most good examiner will talk..just saying....

if he ask me tell me about your back I'd said oh lord don't get me started   but i HAVE A LOT OF EXCURESTING PAIN AND THE PAIN IS CONSTANT  MY  PAIN MEDS HELP AT TIMES BUT MOST OF THE TIME THEY DON'T  AND I suffer most of the time,like the other night I was hurting so damn bad I wanted to just cry  and I did take some pain medications(as Prescribed) but the pain was still there so Bad I could not sleep think or anything I just wanted to lay there and Die..Now Dr thats the honest to God Truth  and my Back is hurting me as we speak.  ect,,,ect,,,,

[JKWilliamsSr]

2 hours ago, Buck52 said:

KJ WilliamsSr

Will be interesting how the exam went?let us know.

sometimes we think a bad exam is obvious  denial..but not true some of the examiners just don't like to talk  and they read in the computer all about what your claiming .

  if you got the evidence  then you should be approved or a good report in your favor from the examiner.

  if they don't talk much its 50/50 because most good examiner will talk..just saying....

if he ask me tell me about your back I'd said oh lord don't get me started   but i HAVE A LOT OF EXCURESTING PAIN AND THE PAIN IS CONSTANT  MY  PAIN MEDS HELP AT TIMES BUT MOST OF THE TIME THEY DON'T  AND I suffer most of the time,like the other night I was hurting so damn bad I wanted to just cry  and I did take some pain medications(as Prescribed) but the pain was still there so Bad I could not sleep think or anything I just wanted to lay there and Die..Now Dr thats the honest to God Truth  and my Back is hurting me as we speak.  ect,,,ect,,,,

That is the thing.  The examiner stated in the report that my back  "The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury"

Here is the rationale he provided....word for word.... (the examiner typed it in all caps)
HE WAS SEEN 1992 FOR UPPER BACK STRAIN. AGAIN IN 1995 FOR LUMBAR STRAIN. THESE WERE THE ONLY TWO CLINICAL VISITS. CURRENTLY HE HAS FUNCTIONAL AND MECHANICAL COMPLAINTS THAT ARE INFLUENCED BY OBESITY. NO RELATIONSHIP TO THE EPISODES IN THE SERVICE.

1.  I have SMR's that show 13 different clinical visits while on active duty. In my 2009 denial the VA acknowledged I had back issues but they denied me because I did not have a diagnosis while in service.  So I submitted the evidence that showed there was a diagnosis that I got from my C-File that they ignored.

2.  I am not sure how he can get away with saying my back issues are "influenced" by my being obese.  (I am 5'11 and weigh 270).  If he is going to say my back problems are caused by weight he has to provide a better rationale than just saying my weight influenced it.

3.  At the beginning of the exam the examiner said to me.  "Tell me about your back".  I started explaining the issues and not even 30 seconds in he stopped me and said I get it.  I remember this clearly because I was telling him that during flare ups my back hurts so bad my wife has to put my socks and shoes on for me because I can't even do that.

 

Edited December 8, 2019 by JKWilliamsSr

[Buck52]

I would think you have 2 choices here.

1, Ask the C&P CHIEF  FOR ANTHER EXAM  AND LET HIM KNOW WHY.

*Note* Don't call it an ''Inadequate'' Exam  but let the chief know what he did and said.  The chief is the manager at the C&P Office or the one in charge. Ask to retake the exam using a different Examiner.

OR

2. GET AN IMO from a specialist  let him read your military records  just the ones that pertain to this  and you may hi-light the parts for him to read to save him time, ask if he can read what this examiner said  and give his impression after reading your medical records talking to you  and give his opinion as to this is likely as not caused or related by his prior military service  he will need to examine you and such but if he will say it is his professional opinion that this veterans Back Condition is likely as not caused by or related to his military service...

.A specialist that will help you out , the VA Will go with him.  especially if this C&P examiner thought you were malingering (lying about your back condition)

A Veteran can't get any better health impression (opinion) better than a Specialist.

if you don't have a specialist in mind..call around until you do find a veteran friendly Dr  there out there  just be open and honest with him and let him know what you need from him.

It maybe costly but will be well worth it in the long run.

I've had to do the same thing  I just went borrowed the $$ and then found a Dr...not my Back  but a Urologist Specialist  and his fee was not what I thought  so I return most of the $$ I borrowed ...and won my claim

[JKWilliamsSr]

22 minutes ago, Buck52 said:

I would think you have 2 choices here.

1, Ask the C&P CHIEF  FOR ANTHER EXAM  AND LET HIM KNOW WHY.

*Note* Don't call it an ''Inadequate'' Exam  but let the chief know what he did and said.  The chief is the manager at the C&P Office or the one in charge. Ask to retake the exam using a different Examiner.

OR

2. GET AN IMO from a specialist  let him read your military records  just the ones that pertain to this  and you may hi-light the parts for him to read to save him time, ask if he can read what this examiner said  and give his impression after reading your medical records talking to you  and give his opinion as to this is likely as not caused or related by his prior military service  he will need to examine you and such but if he will say it is his professional opinion that this veterans Back Condition is likely as not caused by or related to his military service...

.A specialist that will help you out , the VA Will go with him.  especially if this C&P examiner thought you were malingering (lying about your back condition)

A Veteran can't get any better health impression (opinion) better than a Specialist.

if you don't have a specialist in mind..call around until you do find a veteran friendly Dr  there out there  just be open and honest with him and let him know what you need from him.

It maybe costly but will be well worth it in the long run.

I've had to do the same thing  I just went borrowed the $$ and then found a Dr...not my Back  but a Urologist Specialist  and his fee was not what I thought  so I return most of the $$ I borrowed ...and won my claim

I already submitted an IME when I filed my claim.  I did an intent to file a little over a year ago after I learned by talking to some other vets that I may have been royally screwed with my ratings.  I mean I was denied for claims the VA said were not in my medical records.  After getting my C-File I learned they were full of it.

So I gathered all of my records and went to the Ellis Clinic for an IME because I wanted to have all my bases covered. I submitted all of my SMR Records to Dr. Ellis and he reviewed them before my appointment with him.  So when I filed my claim I had a completed IME report from Dr. Ellis covering every disability I was claiming and had a clear nexus for all of them.  Dr Ellis also did ROM testing using a goniometer and I submitted that as well.  The C&P examiner for the VA did not use a goniometer he just eyeballed it. 

I submitted all of the "missing"  SMR's that were in my C-File.  I also uploaded Dr. Ellis Curriculum Vitae with all the other evidence I submitted.   It looked like a clear slam dunk for me.   The examiner that did the C&P exam was a physician assistant. 

I also submitted a separate statement in support of claim for EVERY disability I was claiming.  My wife also wrote a statement for me. 

Edited December 8, 2019 by JKWilliamsSr

[Buck52]

Okay   well request another exam!!! or face the consequence and Appeal after denied...>  if denied?