VERY strange C & P exam

[Mantana]

Yesterday I drove 87 miles over an unplowed pass in a blizzard at 530 in the morning to make a c & p exam. The appointment time was 8am, but I was determined to be early so I showed at 740. But the drive isnt the weird part... I was scheduled to get evaluated for neck pain and GERD. The nurse was nice and drew my blood quickly, the doctor arrived and it was the same doctor I had 8 months ago in another town and he actually gave me my first service connection at that time. He starts with neck pain, does very fast measurements and basically then tells me I have no strong claim. I was claiming it secondary to TMD and had provided with a nexus  (which he read) 2 appeals that the board granted for this same issue. There was also 2 scholarly articles in the nexus letter. He shrugged it off and said he was going to deny it.... now it gets weird...

 

He stated he "lastnight i made up my mind" and was going to deny both my conditions. But then he said this morning he changed his mind and decides to make a statement with my GERD at least as likely as not. He even read me the statement and told me he would use one of the articles provided in my claim. But then he tells me he was going to deny because he thinks I don't have GERD But another disease(just similar symptoms), AND he thinks my articles are bogus and flawed. I am claiming GERD secondary via NSAID over use. He basically explained to me the VA likes to play a game and that he realized I was a veteran who wanted to play back.... Also he said GERD needs to be confirmed and he told me not do have a scope until I'm service connected in case it's negative. 

Oh yeah, and he diagnosed me with GERD

Isn't that weird as heck?????

Edited February 16, 2020 by Mantana

[Buck52]

These type of examiners just wants to play big shot and use their authority to scare veterans  and it usually works.

This examiner did not do his job  and that is to read your medical records in front of him on the computer  he also can read these records at home   the VA SEND THIS EXAMINER YOUR RECORDS AND ASK THAT HE EVALUATE YOU BASED ON WHAT IS IN YOUR RECORDS AND GIVE HIS MEDICAL OPINION ON WHAT YOUR CLAIMING.

HE FAILED TO DO HIS JOB AND YOU CAN SAY THIS EXAM WAS NOT CONDUCTED CORRECTLY AND YOU CAN SAY THIS EXAM IS Inadequate .

ask to be reschedule for another C&P WITH A DIFFERENT EXAMINER.

[63Charlie]

That is truly unprofessional on the part of the C&P examiner.

I got the impression the examiner was on some kind of a power trip.

By his own his self-admission of intent to file negative medical opinions prior to your C&P exam violates your right to due process of law.

The C&P exams are intended to be medical fact finders.

You need to make notes of what he said,  just like the examiners make notes of what you say.

You may need the ammo to challenge a bad exam.

With an examiner like that  what point is it to even bother to show up at all as he has already decided against you. 

Edited February 16, 2020 by 63Charlie

[Mantana]

9 minutes ago, 63Charlie said:

With an examiner like that  what point is it to even bother to show up at all as he has already decided against you. 

Exactly! But in the end he wrote a favorable statement for me. I feel like he came in saying he was going to deny just so he could only need to grant one and leave me speechless with no fight. I even told him "last night I read some appeals that were granted for neck pain secondary to Tmd" and he basically said it didn't matter 

[63Charlie]

7 minutes ago, Mantana said:

Exactly! But in the end he wrote a favorable statement for me. I feel like he came in saying he was going to deny just so he could only need to grant one and leave me speechless with no fight. I even told him "last night I read some appeals that were granted for neck pain secondary to Tmd" and he basically said it didn't matter 

One thing is truthful that he said, it doesn't matter( to him) what evidence you have as he doesn't care.

If you have favorable evidence to support a claim, appeal the claims you were wrongfully denied.

A well-known favorite tactic(unlawful) of C&P examiners is to ignore any favorable evidence an demonstrating their bias against you.

Examiners are the gate-keepers for the VA.

 

Edited February 16, 2020 by 63Charlie

[Mantana]

2 minutes ago, 63Charlie said:

A well-known favorite tactic(unlawful) of C&P examiners is to ignore any favorable evidence an demonstrating their bias against you.

 

Makes sense. He even told me if they deny GERD to appeal it. Then he said don't do anything else until they approve it. He told me "put this one on the shelf" and move on. 

[Mantana]

31 minutes ago, 63Charlie said:

 

Examiners are the gate-keepers for the VA.

 

I will try to remember to update you on this thread of the outcome. With the speed of things it could be a few weeks. My supplemental for headaches took only 3 weeks from submitting...

I should win the neck one anyway. I provided a very compelling nexus and there is no reason they should say no. If tie goes to the veteran I I'll win. I may have to do higher level but I will win