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. 

[Riplip]

On 8/1/2023 at 8:03 AM, brokensoldier244th said:

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. 

I can't find anywhere to upload the 21-4138 form. Doesn't provide a location when I hit on my claim. I am just in the claim status on VA,gov. Is this the right spot? Thanks

[brokensoldier244th]

GO to your claim, click on details, then the Files tab, then Add

[Riplip]

Thank you Brokensoldier. Is that # in the right side of that screen shot the one I call? 

[brokensoldier244th]

Yes. When you do, the notes of the call they type up on an 27-0820- basically a contact report, that gets uploaded to your file. Since it is 'new mail' it triggers the claim to be viewed by somebody by pulling it out of queue and assigning it to someone, usually one of 'us'. 

[Riplip]

Thank you for your wisdom.

[Vync]

I also encountered the same problem as @Riplip numerous times with C&P examiners.

In each case, competent medical evidence was provided and/or available to them and we discussed it thoroughly. They said it was clearly favorable.

My VSO was able to provide me with a copy of the C&P findings each time days before the decision letter was entered into the system. The opinion was less likely than not. The examiner completely failed to mention or consider the favorable evidence. I called the call center, sent an IRIS message, and even the VSO contacted the VA. However, a couple of weeks later a denial letter arrived which also failed to consider favorable evidence. I ended up winning via HLR about a year later.

When the VA took away the 48 hour VSO decision review, this amplified the problem. Even though my VSO did not always catch the errors I found during the review, sometimes they did.

With the VA actively preventing vets from obtaining the C&P findings, we vets don't know there is an issue until we receive the denial letter. By then, the claim has been closed and we are stuck with supplemental, HLR, or BVA routes which simply makes those queue lines longer...