falsified records?

[blahsaysme2u]

i just found some c&p exams from 2019; all of them say in person. i never attended these exams- specifically for my OSA, which i am now fighting EED for and was denied specifically bc per the descion letter, this exam!

how do we fight this? how do i prove i wasnt there? this a CUE? could i win bc DO is idiot and checked wrong box?

[Carl the Engineer]

Best case, I think you might get a new exam.  Worst case, they bring it to the attention of the examiner, who intern, updates and checks the correct box, i.e., a clerical error.

When I wrote speeding citations (as a cop), I did enter the wrong birthday on the citation for a driver, as in the date of the citation, and the driver thought he could get out of it because of that, but the judge asked him if he was born 30 days ago, which he said obviously no, and the judge said, your guilty.  You have to prove intent to harm, etc.  

Now, that said, I would look at all of the other information regards that exam and see if the examiner opines physical contact, or measurements that you would have to be actually in their presence.  If the examiner tried to get over, by not having you come in and just paper whipping it, well, then I think you got a bitch.  Hard to read your blood pressure or measure range of motion over the phone.

As others will tell you, you can request another exam, or appeal the current rating, but I don't see a direct service connection or increase from just pointing out a discrepancy.

Just my opinion,

Hamslice

 

[blahsaysme2u]

i won now with vba but fighting EED so was hoping this might be something i could use as evidence in my favor.

this exam could have helped me win without appealing if i had in person and could have brought evidence to their attention, like a my DX of OSA- they missed that and opined against SC at the time. 

 

Edited May 21, 2021 by blahsaysme2u

[broncovet]

There is a procedure to "correct" incorrect records.  

Quote

38 CFR § 1.579 - Amendment of records.

• CFR

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§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

My advice is to notify them there appears to be a c and p exam in your records "that is not yours, as you attended no such exam on mm-dd-yy."

     This may work better for you rather than accusing them of falsifying records, just assume its an error you wish to have corrected, then request to be compensated for this records error.  

[GBArmy]

Broncovet-Good to know. If you can get them to take corrective action without making it a big production out of it  it certainly worth a try. 

[blahsaysme2u]

18 minutes ago, broncovet said:

This may work better for you rather than accusing them of falsifying records, just assume its an error you wish to have corrected, then request to be compensated for this records error. 

good advice. thanks as always 

[john999]

Yes, try to be nice when you talk the stupid bastards.