Bad C&P

[SPO]

So I finally got a copy of my C-file, and my last C&P is a mess.  To begin with, no genoiometer was used on most of my joint, and she noted that it was.  The exam and remarks blocks are not consistent.  She would check that I had pain in the exam, and then say I didn't in the remarks.  She ignored things I said, specifically I did report flare ups and she check that I did not.  I know for a fact the range of motion listed for at least my shoulders was incorrect.  I'm not sure what to do to get this garbage exam thrown out. Can any body help.  I'm putting together a supplemental claim, but I can't get a doc to fill out full Range of motion reports and all that stuff.  Just for everyone's knowledge, I have all the caluza elements covered.  Its just a matter of getting the correct percentage assigned.  Also for what its worth, the exam is from March 2019.

Edited May 13, 2020 by SPO

[Buck52]

I would call and request another exam with a different Examiner and explain why. 

This exam would be inadequate exam  if what you say is true.     so just hope you can get another exam..if not then if your denied then you will need to Appeal.

I can't imagine how the VA picks these types of examiners? 

[SPO]

Should I just call the 800 number, or submit it as a statement with my supplemental claim?  Its pretty obvious if you read all my DBQ's she filled out that they are copy and paste.  No effort put it.

 

[Buck52]

Yeah call every # that you think will get you results, call the C&P Office director  (I call them the C&P Chief) ...but the 1-800 # may not get you any results  unless they tell you who to call..if no luck there call your R.O.

If you use a VSO call him/her.

or wait for the decison?  you may be suprised with the decison?  unless your denied  then Appeal.

[SPO]

I've already been denied once,  I'm working on the supplemental.  

[GBArmy]

SPO This exam was March of last year and you are now going for a supplemental claim I guess for an increase from what the examiner did correct? Buck's advise is good if you just came out of the C&P and knew it was inadequate, but I'm not sure what you would accomplish by calling now. I'm thinking the C&P director is going to say "too late."  And to some extent you got to admit he can't just re-do exams over a year back. If word got out that they did that, they would be burried with request from veterans. If you do a supplement claim, they are going to have to give you a new C&P anyway. If you can provide some new and relevant evidence that is. Get something to justify the new supplemental claim. You could submit a IRIS request and explain all the facts and ask how you can resolve the issue. I have no idea what kind of answer you may get so it may be worth the try. Ask for an email response. But whatever happens, you have lost your EED. Keep us informed; your experience can help others with a similar problem.

[SPO]

This was actually a secondary claim (1st time) filed in December 2018.  The C&P was march 2019, the claim was denied May 2019, I filed a higher level review December 2019 which was denied, which gave me another year to appeal.  I am now submitting the supplemental in response to the higher level review.  It took so long to find out the C&P was bad because it took them 11 months to get me a copy of my C-file, so I had no idea what she wrote.  My EED should still  be in effect to November 2018 based on my Intent to file.

I do have new evidence in the form of a Nexus/diagnosis letter, medical records, and a lay statement that were not part of the initial claim.