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]

8 minutes ago, Buck52 said:

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.

I agree with it being a little too long.  I went back and forth against shortening it and decided to keep it the way it was.  Mostly because I don't think it is getting read no matter how long it was.  As sad as this may sound I am basic putting together evidence for the appeal process because I have absolutely zero faith in VARO's  doing anything right. 

[Buck52]

Roger that!!!!

 

[vetquest]

I would also shorten it but I see your point of not doing it.  It is well written but long.  Hopefully the letter will get the point across that the exam was a bust.  Good Luck.  

[JKWilliamsSr]

1 hour ago, vetquest said:

I would also shorten it but I see your point of not doing it.  It is well written but long.  Hopefully the letter will get the point across that the exam was a bust.  Good Luck.  

I agree completely it should be shorter but realize that I may not have the luxury of brevity. It was the way the exam was done that made me decide to keep it long.   I asked myself if I was submitting a brief statement or evidence.  While I am not an attorney if I have to go before the BVA everything I submit would be read and that is why it was still long.

In my SMR's there are 13 clinical visits for back issues.  Yet in this examination the examiner only commented on  of them.   I see that as lazy and no matter what happens there isn't a single person at the VA that will take the time to review my entire file.  Knowing this I had to make sure they were called out on everything. 

I am going to be honest here.  I don't expect the letter to be read at all.

Edited December 10, 2019 by JKWilliamsSr

[Vync]

I don't have time to read this right now (lots of things on my plate today), but consider using the VA's policy regarding what constitutes an accurate exam. If they missed even one of the required elements, I assume it would qualify you for reexamination. 

You could start with something like VA's M21-1 (insert full title) has firm requirements of what constitutes an adequate exam. These requirements were not met, etc... 

And then go on and list out the discrepancies.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015812/M21-1-Part-III-Subpart-iv-Chapter-3-Section-D-Examination-Reports#4