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

[Vync]

@vetquest is correct. But don't forget to consider rating protection time frames. Depending on the circumstances, the VA may be required to prove that you have has sustained improvement over time. They are really not supposed to reduce a rating based on a single exam, but we all know how the VA works. They are required to send you a proposal to reduce and give you time to respond and prove the rating should be continued. The window to respond is limited though, so if you get this request, respond as quickly as you can.

 

 

[blahsaysme2u]

well i got 8 years left to get my 20 protection on this. i just won an increasse though...

she just made me uncomfortable cuz she asked me several times when my last eval for my right leg was. i told her i didnt remember but it was last year sometime

[Vync]

@blahsaysme2u I just posted a new blog entry which goes into some of the scenarios where a rating can be reduced.

 

[Miken2c74]

Here in Germany we deal alot with VES contracting out to examiner on the local economy. In my opinion and my belief that it is not possible that VA would release you medical records (SSN), PPE to a company contracted through VA to contracted examiner. So with that being said it leads me to believe that the examiners are checking boxes on a DBQ. A little nugget