Complete disregard for information during exam. Veterans are stuck?

[Riplip]

OK, this is kind of a question I feel I know the answer too already but here we go. I had a C&P last week for limitation of right ankle. I gave the examiner copies of all my records. We went over them, she agreed with me and made it sound like a very positive exam. All my paperwork was in order and pretty cut and dry. My lawyer sent me a copy of her notes and its completely opposite of what it was. She checked the least likely box and her notes stated Separation exam shows exam not found, shows only an exam from 2011 when veteran separated in 2000. I gave her a copy of exam notes from August of 98 from Guthrie medical center at Ft. Drum stating ankle pain and Achilles tendonitis. I gave her a copy of my separation exam stating my ankles get swollen and hurt after much stress. What gets me is how can they do this? Now I have to wait for a HLR or a Appeal for years because of this? I feel this should be against the law and I should be able to press charges against the examiner....I'm sorry about the vent but is it really this way where we can't do anything to help ourselves? Thanks for listening. Any input is appreciated as well. 

[brokensoldier244th]

If your claim is not yet decided then call the call center and also upload a separate 21-4138, and if you have a VSO, tell them, also. All three contacts will come into your folder and each will trigger 'new mail/activity' and force your claim to be auto-pulled from the national queue and looked at. Make sure you clearly and succinctly explain on the phone, and also write what you wrote above- more or less- illustrating the information that was provided and that exists vs. what the write up says. 

[El Train]

I had a bad C&P exam (partially my fault for pissing the examiner off in the beginning).  I filed a complaint when I got a copy of her exam pointing out her discrepancies, errors and the mountain of evidence in my favor.  This triggered several more C&P exams.  In the end her exam was disregarded as not making any sense.  It did delay my claim approval by a year.  In the end I won big.

[Riplip]

Brokensoldier, I will do just that. I'm actually blown away. Thanks

[Sgt. Wilky]

Riplip,

This exact thing happened to me on at least three occasions. My C&P exams were always with the same NP and I knew by the second C&P exam how it was going to be with him. No matter what medical records I brought with me, no matter what I said, he was going to write up a bad review. By the third time, I even told him I knew he was going to screw me over, but that I had won and will win the next appeal and that I'll keep fighting. He didn't say anything to me about it. I saw the VA's NP and raised them with a rheumatologist, neurologist, and a GP.

The truth is, there are examiners like that. I'm still convinced that there are meetings that take place in the "C&P world" that encourage the examiners to one degree or another to give exams like that. I can't explain it, but I'll never be convinced otherwise because I experienced it myself. 

Regardless, you file the appeal, do what @brokensoldier244th said and you continue the fight. I will say that over the last few years it seems to me the VA has loosened up with some of these tactics, but who knows? I was forthright with the BVA judges I sat before and even had one apologize to me for the mess the examiner made of my file. It was worth the fight to hear that.

Semper Fi,

Sgt. Wilky

[broncovet]

I agree brokensoldier has good advice, but will add my 2 cents.

There is a procedure for disputing the competency of an examiner.  

https://cck-law.com/blog/how-to-challenge-va-cp-exam/

Apart from the above link, to refute unfavorable evidence (exam), you need to get another examiner to dispute his/her findings.   Often this means you need to hire an IMO.  

In other words, if I dont like the doctors opinion, my own lay opinion he was wrong is insufficient because I AM NO doctor.  

Another doc can refute his exam, I can not..  

Remember, the doctor examining you is paid by VA, and not you.  And, the examiner goes by the name on his paycheck as to "who" he owes loyalty to.  And that is not you.  So, often examiners give the VA reasons to deny.  FAIR?  No.  

VA benefits are rarely "fair", very often it takes MONEY to hire an IMO to get benefits.  The good news is your attorney may be able to help in that regard.  

Dont forget to go to the link above, to challenge the competency of an examiner.  

[Riplip]

May I ask what the # is that people call to report things and talk about their claim?