VES C&P Examiner Rant and Defensive Actions During My Examine

[GulfWarVet1990]

Good evening, one thing have a I learned throughout my years of C & P exams is to not to argue with the examiner. 

However, no one ever told me how to handle an argumentative examiner. 

First off, C & P Exam is for a 20 year NOD that was never adjudicated. (you might have seen my previous post)

About 7 conditions all related to Gulf War and Environmental Hazard Exposure.

Gulf War included - Chronic Fatigue and Joint Pains. 

I had a C & P exam today with a VES contracted Provider for what I thought would be an examination for all the conditions that were not adjudicated. 

I called Veterans Evaluation Services (VES) in advanced and  inquired which conditions were on the schedule, of which they listed all that were not adjudicated. 

So during the exam the doctorr did not ask me about CFS or GF issues, so I asked him if they were on the list, and if he will be examining or asking questions re: aforementioned.

OMG - he ranted on and on about he did not need to examine me for these conditions because I did not have a diagnosis.  And why he did not need to examine me for the conditions. I have no idea what he said after that because I totally shut down.

He never answered my question although i asked him twice if CFS was on the list of conditions for examination. I left the appointment more stressed than when I arrived. 

He also spent a lot of time explaining himself about how many Veterans he has examined, how many years he has been a contractor with VA, how poorly kept other examination offices were, etc. All unnecessary and irrelevant. 

He also asked me questions that were not relevant to my exam such as "if my family lived in the area, am I from the area, and how do I feel about the war in Ukraine". Totally not professional. He also gave unsolicited stories  about some of his patients, and their conditions, I guess to let me know he was familiar with VA examinations. 

I've never come across someone as unprofessional as he in a long time.  

Can anyone tell me where I can report this "provider" for his unprofessional behavior?

Thank you. 

 

 

 

Edited March 19, 2022 by GulfWarVet1990
typo

[GulfWarVet1990]

Same here, files were incomplete. When I was deployed there is no record of illness, why, because I was  in a medical unit. Sick call did not exist, meaning, we went to work sick and was told to rest while on duty.  All of my outstanding conditions that were denied state "condition did not happen in service". 

 

[GBArmy]

Whenever files are incomplete or missing, we should be sure to include personal statements and, it at all possible, get some from other veterans who are able to comment in a buddy letter what happened and how it affected you. It become very important evidence and if you need to appeal, the BVA is more likely to give it proper weight in lieu of other missing evidence. Since we often don't know that medical evidence isn't in your files even when it should be, I always recommend a buddy letter/personal letter with every claim submitted. 

[pacmanx1]

5 hours ago, Vync said:

I bet the examiner did a simple search in the system and that's it. If your service treatment records are like mine, then they are likely to be about 98% handwritten to include cursive. From when I got out in 1995 until the early 2000's, many of the VA's treatment records are also handwritten.

It just not the examiners, the program specialists and the raters are also responsible for reviewing the veteran’s record to determine all the evidence is included in the rating decisions. I currently have two separate appeals pending in reference to earlier effective dates. The BVA has already granted one, but I am waiting on the final decision to match my rating percentage to my corrected effective date. While this remand has been going on for years, I filed a new request for a different EED, and the RO sent me to a new medical exam to get their opinion and medical rationale then completely ignored it. Even though the new examiner included the handwritten documents that diagnosed my disability years earlier the RO still denied my request and I had to file my second appeal to get my correct benefits. As stated, many times before sometimes the ROs either fail or purposely leave out important information in requesting a medical exam and the examiner has no clue of what the veteran is requesting.   

[Whodat]

You are right PacMan. I had started a topic on this a few months ago. I am certain that raters and specialist are doing their jobs and well. 

 

I have read a comment from broken soldier that he has to contact the eximiner to clarify or he has to kick back an exam for completion, making his workload harder. 

No one is holding the examiner's feet to the fire. Now we have wasted man hours as well as dollars for backpay for a claim that had taken years to complete. 

 

 

 

 

[pacmanx1]

18 minutes ago, Whodat said:

No one is holding the examiner's feet to the fire. Now we have wasted man hours as well as dollars for backpay for a claim that had taken years to complete. 

As you can read in my post, the examiner did their job and wrote an excellent opinion with a rationale to match. What went wrong with my claim request is that the RO failed to review and include my handwritten documents. Yes, I even included an additional copy that the examiner reviewed and attached to my claim for the RO to review. The RO did not have to review my entire file because a submitted/attached additional copies for their review/consideration, but these documents were not even considered in my decision, so I had to file my second appeal. No need to hold the examiner's feet to the fire when the RO does not do their job. 

[Vync]

@pacmanx1I've been through that situation a time or two also. Before the AMA changes in 2019, I had a few unexpected surprise phone calls from the VARO involving claims. Each time, the person working my claim would call before finalizing it so they could ensure nothing was missed. Those 10 minute calls were highly productive and prevented the need for months or years of appeals.

Of course, now it hits the mail in record time and you have to wait a month or longer to get the C&P exam notes. The service organizations no longer get 48 hours to review for error and kick back issues for further review. Additionally, nobody at the VA call center can even talk with you about your claim until you have a physical copy in your hands.