Had C&P for Increases (Migraines, PTSD, Foot pain, and Knees) not sure if it went well

[JaeT.21]

So I went in Friday. Saw two examiners. I didn't have time to submit my Statements in Support of Claims (PTSD & knees) my wife and adult children filled out but I had them read them while I was there.  I just uploaded them on Monday.

The first wa a Nurse Practitioner.

• She checked my feet and knees. Don't know if this was the smartest idea but I didn't wear my AFO or knee brace at first, because I wanted her to see how I walk, move unassisted.  I put it on after her examination and showed her how I'm still not stable on that leg no matter which apparatus I'm using.
  • I explained my quality of life at work sucked becaue there's only one elevator, which means I walk twice as far to use it. I work upstairs and have almost fallen several times.
  • I also told her I was concerned because the last rater wrote I was doing good with my orthotic insoles, when I 100 percent told him that I can't use the Navy issued insoles for regular shoes. My feet rating was decreased because of that. So I made it clear verbally that I was not getting better.
• For the Migraines increase i showed her my migraine tracker chart and she barely looked at it. It shows that I missed over 100 hours of work last year due to migraines.  

 

The second was the Psychiatrist

• She didn't ask me much about anything my VA psychologist  wrote in her nexus letter. 
• She skimmed over my buddy statements. 
• She asked me about 6 questions, pretty much (yes or no) 
  • when was my last fight
  • about my job
  • am i taking my medications
  • have I been arrested
  • about my work history
  • about my sleep
• It lasted about 15 minutes.

So who knows what is going to happen. All I know is I left there without any confidence that the evidence nor my exams helped. 

We'll see.

 

[awgv001]

5 hours ago, Vync said:

Good points.

Years ago, I had a C&P doc fill out the form in the computer while I was still in their office.

I have a feeling that the docs are given a certain amount of time to examine patients and the rest to review evidence and write reports.

In 2019, one C&P doc completely omitted pertinent things I brought up. Turns out the exam report was not filled out until a week later. I guess it becomes difficult to remember every detail when you don't take notes.

Imagine trying to submit for corrections against a tidal wave of adverse reports like this time and time again. It's one thing to forgot info that the vet reports, its another to just falsify answers like a couple of exams I have had before. What recourse is there? Plus then when submitting for corrections, that can be continued to be denied further and further! Rubbish!

[Vync]

12 hours ago, awgv001 said:

Imagine trying to submit for corrections against a tidal wave of adverse reports like this time and time again. It's one thing to forgot info that the vet reports, its another to just falsify answers like a couple of exams I have had before. What recourse is there? Plus then when submitting for corrections, that can be continued to be denied further and further! Rubbish!

I completely understand. In my opinion, there is no difference between forgetting to input what the vet reports and straight up falsifying information.

Recourse? Well, they don't let us record the exams. They don't have to let us have a witness during the exam. It appears to be this way by design to ensure this little secret doesn't get out.

[sixthscents]

Feel the anger... yes let it grow within you... (lol)

Vync I hear ya dude. JaeT21.... sounds to me like you have filed for increases. Honestly though without more information here about the issues at claim... we cant really say anything specific. However if you are willing to redact you claim you file for increase and the C&P results when you get them... also redacted.... we can honestly be much more precise in our answers.

[broncovet]

Yes, we have at least 3 methods of "recourse" for bad  C and P exams.  Try one or more,  as applicable.  

1.  If there are inaccuracies/errors/false statements,  in your record, challenge them by following this regulation to the letter:

https://www.law.cornell.edu/cfr/text/38/1.579

2.  Challenge the competency of the examiner.  (The competency of the VA examiner is presumed, but you may challenge that).  Chris Attig explains circumstances where this works:  

https://attigcurransteel.com/veterans-law-updates/va-medical-examiners-competence-presumption-rizzo/

3.  Last, you can get an IMO/IME from a private doc to "rebut" statements made by your examiner.  This may cost you money, and it also may be worth it.   

 

Edited January 20, 2021 by broncovet