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]

The 48 hr prescreen is back, it's just being rolled out in sections (regions). I don't know what order, that's another my pay grade

[Dustoff1970]

Twice in very recent years the BVA judges have granted me on appeals my claims for OSA Sleep Apnea due to Nam PTSD at 50% and an increase claim from 30 to 60% for Nam IHD/CAD Ischemic heart disease.  They ruled that the same Reno VA C&P examiner negative opinions against me were deficient and without merit. 

I said in my appeals statements to the BVA that this examiner was biased against me and did not allow me to answer his questions for  his estimated mets and dismissed the mets results of a Bruce Treadmill Stress test and also said before hand that PTSD never caused or aggravated OSA which in both cases is outright BS lie.

Due to my complaints against the sob to both the BVA and VARO all my future C&P exams for GERD, HTN and Tinnitus were done by QTC and LHI and I won awards from VARO for 60% GERD, 10% Tinnitus and 0% for HTN.  

In 1985 to 91 the VA C&P PTSD examiners were very rude and hostile to us Vietnam combat veterans and I am glad they are all dead now and due to alcoholism.  One even smelled of heavy booze during the "exam".  Yippy Yippy Ki Yea.

Believe me indeed that it pays to complain against biased and sorry VA examiners.  All is good. Yup

My comment/opinion is not legal advice as I am not a lawyer, paralegal or VSO.

 

Edited August 2, 2023 by Dustoff1970

[Riplip]

I talked with the hotline and they made notes, I uploaded a form directly to my file and my lawyer has also made notes. I'm confident nothing will happen through the VA against the examiner because they are doing what the VA wants. I went a little into the private sector and filed a claim with the Better Business Bureau against there practice as well. If anything it will give them a negative mark. I'm ready for whatever they throw at me. 

[Vync]

@brokensoldier244th That seems promisingly odd to roll this back out slowly. This will benefit all veterans with POAs who perform the screenings. However, the removal of it should have never occurred in the first place.

@Dustoff1970 That's pretty awful. My father retired in 1990 and the VA exam gave him SC ratings of 0% and 10% which were likely lowball assessments. Your description of the boozy doc reminds me of being a dependent and going to some of the Army base docs back in the 70s.

@Riplip I hope you get a competent follow up on this. Filing a BBB complaint is actually a good idea. 

 

 

[brokensoldier244th]

7 minutes ago, Vync said:

@brokensoldier244th That seems promisingly odd to roll this back out slowly. This will benefit all veterans with POAs who perform the screenings. However, the removal of it should have never occurred in the first place.

@Dustoff1970 That's pretty awful. My father retired in 1990 and the VA exam gave him SC ratings of 0% and 10% which were likely lowball assessments. Your description of the boozy doc reminds me of being a dependent and going to some of the Army base docs back in the 70s.

@Riplip I hope you get a competent follow up on this. Filing a BBB complaint is actually a good idea. 

 

 

Vync- Not saying it should have, don't know why it was.  They are rolling it back out in pieces because, as I understand it, the way that VSO's/POAs are notified has changes to it. I don't know what changes- I'm not in Operations and I'm not a VSO. Thats all I know, is that it was re-introduced late last year. 

[Rattler]

I would also call the Whitehorse Hotline anf file a complaint. 855-948-2311