"REFUSED EXAM" bahahahahaha NOT!

[blahsaysme2u]

im looking to those with experience with C&P exams and the raters....someone has royally messed up my claim and now i am starting from scratch for pain/loss of use in my left leg and foot. heres the story:

way back when- i put in a claim for bilateral knee/leg and feet. the VA couldnt find all my medical records...frustrating as it was they did eventually award my right leg based on some records they found. 

i found medical records to support the left leg and foot injuries(fractures that have since healed and now ache with arthritis like symptoms- tho i haven't been diagnosed with any arthritis yet) i reopened the claim going on 3 years ago with this new evidence(LOD and medical records showing removed from duty and put on profile for the fractures). the VA in all their wisdom saw this as a reopened claim for "bilateral knee/leg and fee" claim, even tho my right leg and feet/ankles are already SC. 

i have been to multiple C&P exams for this claim(and at least 5 have been scheduled in total) the first 2-3x the doctor evaluated my left leg and did the angles limited movement tests etc. the VA scheduled mayb 2-3x after those appointments to "evaluate the right leg and foot". i called PEGGY every time and confirmed what the c&P was for and explained i was not asking for increase in my right leg, my right leg is SC and i dont need any evaluation of that leg for this claim! they would cancel the appointment and reschedule and again it would be for my right leg. 

the last time i called they confirmed the appointment was only for left leg evaluation(saying that the previous C&P evals on the left leg are now out of date or invalid and i need a new one) so i go to the appointment. i get there and the doc starts evaluating my RIGHT LEG!!!! i flip. finally the doc says this is huge mistake bc he can see that the claim is for left leg but they ordered wrong thing and needs to be rescheduled. 

well the VA now denied my claim saying i refused the exam. 

WHAT DO I DO?!?!?!?!!? HELP PLEASE bc i am so done with this shite. this claim is not very much but it was one of the first claims i submitted in 2008 and i should get back pay for. also these 2 SC would give me 100% rating sooner than i was previous awarded and that would be extra back pay as well. i feel like i get 1 step forward in a win and 10 back in loses. 

@brokensoldier244th i know you have a lot of expertise in this. thoughts?

[blahsaysme2u]

i totally get it guys. and maybe in my situation it was just misunderstanding...but i definitely showed up for my exam and was dismissed by the doctor.  i a lot of VSR are vets too- but we also gotta think, are your hands tied because of policy? i was scheduled for at least 5 exams in this example for right leg that was already sc that was not listed on the claim...i called and explained so many times to PEGGY....now wether that information actually got to the VSR or anyone that mattered???who knows??? but the point stands someone could have seen this claim was clearly for a denied left leg/foot with new medical evidence and was stretched out for 2 years bc of scheduled exams...just frustrating and confusing 

[brokensoldier244th]

If your initial claim was for both legs (As bilateral), and you submitted an 040 for it then it would have been considered for both, as the claim was originally filed as a 'unit'. 

Some of it is policy- there is more than just the M21-1 the defines and shapes what we can do, can't do, have to do, and won't do. Some of us, with time, are better than others at getting 'around' them to achieve a more optimal result- that just falls on the VSR and their personal motivation level. You know how that is, every unit has cruisers. So do we. 

Part of the issue, from my POV of both sides is that the internet and instant communication is a megaphone- for bad/outdated information, veteran's disappointment and frustration, and stories about how it was 10-20-30 yrs ago that get re and re told regardless of whatever changes that we try to make. Sure its great to have instant access to information- and hey, the entire manual that we use is public info on the web- but instant access to info doesn't mean its all 'good' info. Everyone hears about the xxxx ups and no one hears about the stuff that is done to at least attempt to improve. Some of that is on the VSO's and POA's too. Lawyers have a vested interest in getting paid, as do some doctors that do IMO/IME.

Neither POA's or VSO's have to guarantee anything to you- and they still get paid anyway. I can't count how many times a week I have forms for your claims sent in by a VSO that are the right form from 4 yrs ago and are now outdated and have the wrong legal language on them because they couldn't be bothered to keep up with changes to things, for example. Same with exam request language on DBQs- I get those a few times a week, too- and that also means the exam is invalid because statutorily it is an inaccurate picture of the condition. 

Veterans that get theirs sometimes post here, Reddit, VBN, FB, whatever- but usually more often its the frustrated ones. That does shape an overall perception of things. Others of you have been at this for years, for whatever reason, and i'm sorry it sucked for you then, or now, and I took this job in part because of all of you. I got a Master's degree so that I would be more attractive to them for hiring because I wanted to help veterans *shrug*. That being said, I also get appeals and claims from veterans/VSO's/POA's that haven't a shot in hell for what they are claiming- and they are on the internet, too, being just as loud, or louder, about it, and that brings us back around to the truth vs the perception, and the venn diagram where they meet in the middle. 

At least if I screw up enough, whether through inexperience (happens, I admit it), malicious intent, apathy- pick an adjective- I can and will get fired.  Sure, it takes time- they will try to force improvement, and there are rules for how that happens, but eventually crappy VSR's, whatever the reason may be for it, get fired- or leave. Older VSRs that do things the same way for years and don't keep up on rules or technology retire. Shedding that is probably the biggest improvement that could be made- all the way up the chain. 

[Mr cue]

 

50 minutes ago, brokensoldier244th said:

Some of it is policy- there is more than just the M21-1 the defines and shapes what we can do, can't do, have to do, and won't do. Some of us, with time, are better than others at getting 'around' them to achieve a more optimal result- that just falls on the VSR and their personal motivation level. You know how that is, every unit has cruisers. So do

Well there are law and the va manual is to be follow and because ppl at the va feel they don't have to follow it or make up a better way of doing things is not how it work.

 

you keep trying to make veterans on hadit understand or have feelings or cry for the va.

The poster stated his experience and what is and happen in there case.

I have also experience the comp exam for conditions that are rated and have nothing to do with what I am claiming

Other veterans have stated the same thing on many other post about there cases. And these exams

If u have a problem with veterans tell there story or what happen in there case why are you here.

I like your info it show me what and how the va think and help veterans understand the process at the ro.

But

When ppl try to explain a problem so hard it mean to me they understand there a problem an in my experience use the problem also to get by.

Ordering unnecessary exams to not have to address the claim when it land on ppl desk.

Ordering a thousand exam for a claim.

 

Is the problem

Edited January 20, 2022 by Mr cue

[Carl the Engineer]

I will say that we have a few Veterans on here that work at or have worded at the VA, and that I appreciate that immensely.  They offer an inside look that we would not have otherwise.

And, I also appreciate that we have Veteran's that share their experiences with us.  Some have an easy time and some have a hard time with the VA.

There are things that need to be fixed for sure, like the delay in mail.  It makes no sense.  As a matter of fact.  I bought an electric motor (6"x12" and about 15 pounds) on Saturday from a guy in California, and I got in the US mail on Tuesday.  There is absoulutely no reason VA mail a first class leter takes almost 30 days.

Also, I can get my medical exam records in the private world same evening or next day online.  I can't even see my C&P exams from a year ago unless I get a copy of my c-file.  But, I have a couple (VA initiated) claims in the hopper currently, so, I'm waiting to request my c-file when those are done, but the main issue is, I should be able to online and see my complete c-file at anytime.  My military 201 file has been online since at least 2008.  And, they still add to it sometimes.

Transparency and timeliness would be a big help.

I have no answers,

Hamslice

 

[blahsaysme2u]

2 hours ago, brokensoldier244th said:

If your initial claim was for both legs (As bilateral), and you submitted an 040 for it then it would have been considered for both, as the claim was originally filed as a 'unit'. 

this is ridic. just because the the OG claim is bilateral doesnt and shouldnt limit my ability to reopen the claim for the part that was denied- especially considering the fact of missing medical records. again the reopen form 4138:

This 4138 accompanies the Supplemental Claim 20-0995 dated 12/19/2019. The Veteran would like to reopen the denial of a left foot

fracture and knee condition (arthritis). The Rating Decision dated 10/15/2008 denies on the basis of no access to the STRs;

attached please find STRs the Veteran was able to locate which show a left foot fracture on Active Duty, and a statement showing he was

removed from his duties. Please consider these documents as new and relevant evidence and reopen those issues.

 

 

 

[blahsaysme2u]

59 minutes ago, Hamslice said:

Transparency and timeliness would be a big help.

THIS....and hiding behind bull malarky like "security and privacy risks" is old...old timers may have bought that mess 20 years ago..but this is 2022...