Exam Today- foot and knee injuries

[blahsaysme2u]

give you the short and sweet. 

2008- i filed for SC for both feet and knees due to fractures sustained in service. VA couldnt find my records and denied my claims

2011- VA finds some of my STR and gives me my right foot and knee SC but not my left bc of missing medical documentation

2019- I find copies of LOD and Treatment record for left foot fractures and both knees. I filed claim and with the new LOD showing where my medical records were, i requested the VA get these for evidence. i also requested copies personally just in case- cuz we know the VA

today I had my C&P. the dr refused to tell me if these records are available and even if they arent there, she can only review what the VA sends her and its "not her place to tell the VA what records she needs to see". i explain over and over that i was denied before bc the VA couldnt find these records and that i doubt they had received them already(claim is only 30 days old- could happen but seems very rushed and quick that htey got them that quick-especially since i still have not gotten them myself) and that if they arent there for her to review then there is only the LOD i provided her as proof of my injuries in service(she didnt make any copies or anything). again this went on for probably 20 min. finally i said, "well can you at least note in you report , if the records arent there from xyz Hospital, that i told you where they are and that you needed them to review and that they were not provided". she finally conceded that she would but i really dont think this doc is going to write a favorable report. she had trouble even keeping the injuries straight-  she even re-examined my right knee and right foot, which was not part of my current claim. 

any advice? i dont know what to do or even if this was case for me to request another C&P. i think the VA rushed the exam before they had all the STR they needed. this was done by VES. when and where can i request copy of this C&P exam and the dr report? how long should i wait to request it?

thanks in advance

[Miken2c74]

If you feel that this examination was inaccurate ensure that you formally challenge it as soon as possible. Call Peggy and file a complaint and write a statement explaining why you think the examination was inaccurate or not administered correctly. Was  a goniometer used to  measure ROM/LOM etc....

Edited February 4, 2020 by Miken2c74
needed to put more words in

[GBArmy]

blahsaysme2u Advice  from Miken2c74 is spot on. VES C&P notification letter says "it is not necessary to bring your medical records to your exam; however, if you have diagnostic tests related to your claim" please call xxx to ensure those results are submitted to your examiner expeditiously. If that didn't happen, your next best bet would be to call the RO and complain that the re-exam was inadequate because the VA again didn't provide your STR's in a timely manner to support. The AMA has probably changed the rules to not allow us to provide copies during our C&P's of stuff that was supposed to be in our medical files. If they deny the new exam, and then deny your claim, you probably have to appeal. Don't get frustrated and give up.That is what they want you to do.

[vetquest]

Wait thirty days and go to the VA release of information office and request the C&P.  You should still be able to provide medical records that you have in your possession but you cannot make the doctor read them.  The doctor may be new or just doesn't care about veterans.  I would provide the medical information to the VA and request it be put in your medical records.  If they are duplicates so be it, duplicates do not hurt you and if they are not they are evidence that the VA does not have.  If you are denied and receive the medical records request a supplemental appeal with this new information.

[Vync]

I'm sorry you had such a horrible experience. Been there. Done that. No fun.

Some examiners may review the records before your exam, but other may do it afterwards. I've had both kinds of examiners. Perhaps yours was the latter and she honestly could not tell you if they were in the record or not. About 10 years ago, I had a C&P doc refuse to accept paper copies of my evidence saying they were in my claims folder, even though they were not. I won on appeal.

The VA has moved to digital records in a big way. When you file your claim, they anticipate you will provide copies of any evidence at that time. Any paper copies you submit will be scanned in by the zombies at the evidence intake center in Janesville, WI.

For extremeties, they are supposed to check paired limbs (if possible). It is so they can do a comparative analysis between them. It makes sense if you are not already SC, but if you are SC for one limb, it doesn't make much sense to compare a bad limb to another bad limb. But, that's the way they do it.

You may not necessarily need a re-exam. You already had the exam, so they have all your current ROM measurements. If you provide the copies to the VA, they may simply forward them to the C&P doc for review. Hopefully, that's all it takes. It does stink that they have to be obstinate about it though.

Because we do not have direct access to the scanned evidence in VBMS, it puts us at a huge disadvantage because we don't know what is in the record. The only way to know for certain is to get a copy of your claims folder, which takes forever to arrive.

[blahsaysme2u]

57 minutes ago, Vync said:

For extremeties, they are supposed to check paired limbs (if possible). It is so they can do a comparative analysis between them. It makes sense if you are not already SC, but if you are SC for one limb, it doesn't make much sense to compare a bad limb to another bad limb. But, that's the way they do it.

can they decrease my rating for the one that is already SC based on this exam though? i dont like giving the VA any chance to screw me if possible 

[vetquest]

They should not decrease a current disability for what happened in the exam but we never know what the VA gets in their knickers sometimes.  Worry about that when the decision is made, if they do propose a decrease you have full appeal rights.