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]

42 minutes ago, Vync said:

@JKWilliamsSr With your C&P being performed last month, I assume your claim is still alive and you will not be able to file a CUE. Honestly, this is the right time to contest issues with the VA. You don't want to wait and deal with it later after your appeal options have expired.

 

you are correct.  The claim is still pending.   They recently made changes where C&P exam results were not available until 30 days after they have been uploaded. It used to be 3 days.  I am willing to bet this was because people were able to make complaints before the exam claim was finished.  Once the claim is done it becomes an appeal issue and does not hold up claim adjudication this helping their numbers. 

I filed a complaint on Friday and is now in the system.  I am finalizing my breakdown of the exam via memorandum and will fax that to the intake center today.  I will post it here.  

[Vync]

16 minutes ago, JKWilliamsSr said:

you are correct.  The claim is still pending.   They recently made changes where C&P exam results were not available until 30 days after they have been uploaded. It used to be 3 days.  I am willing to bet this was because people were able to make complaints before the exam claim was finished.  Once the claim is done it becomes an appeal issue and does not hold up claim adjudication this helping their numbers. 

I filed a complaint on Friday and is now in the system.  I am finalizing my breakdown of the exam via memorandum and will fax that to the intake center today.  I will post it here.  

I had a feeling that was the case. It's pretty obvious errors were made, but wanted to try and round this back in before it went off the CUE cliff.

That's surprising about the C&P's being kicked 30 days down the road. I know that things like labs and imaging don't show immediately, but I found mine via blue button on myhealthevet. They were just in there among the progress notes. I think my last exam was in July. It took the examiner a week to actually enter the report. I found it online a few days later.

We really need to have more tools available to counter crappy C&P exams and hold the VA accountable.

[JKWilliamsSr]

1 hour ago, Vync said:

I had a feeling that was the case. It's pretty obvious errors were made, but wanted to try and round this back in before it went off the CUE cliff.

That's surprising about the C&P's being kicked 30 days down the road. I know that things like labs and imaging don't show immediately, but I found mine via blue button on myhealthevet. They were just in there among the progress notes. I think my last exam was in July. It took the examiner a week to actually enter the report. I found it online a few days later.

We really need to have more tools available to counter crappy C&P exams and hold the VA accountable.

I probably won't see it in my life time but at some point examiners and raters need to be held accountable for their failures.  Mistakes happen but blatant disregarding the required rules is unacceptable.  If they did their jobs correctly there would not be any backlogs. 

I finished my memorandum for my exam.  As I went through the exam notes it was clear the entire exam was a farce.  The examiner got just about every part of this exam wrong by flat not properly doing his job. 

Attached is what I am faxing to the intake center since it is a supplemental exam this is about. 

Edit: I found a typo and think is important. Correcting and will upload again. 

Edited December 9, 2019 by JKWilliamsSr
typo

[JKWilliamsSr]

UGH!!!

screwed it up again. 

 

Edited December 9, 2019 by JKWilliamsSr

[JKWilliamsSr]

I finally got it right this time. 

C&P Memorandum.pdf

[Buck52]

Looks ok to me  but it is a little to long  if you can Condense it down some  get to the point early...that is what'I'd do and ask this exam be taken out and another one rescheduled  with a different examiner preferably a examiner that is in this medical profession and can read.