WTH, Lady?!? C&P Fiasco!

ThisGuy

Registered Member
#1
Good morning all, I'm a new to posting but have learned alot from following the forum.

Quick background:Active Army for 6 years. Had a history of lower back issues since 2012. JAN2016 while on a ruck I fell and hurt my neck. Went with it but the next morning I had numbness and pain down my right arm. That began a year of treatment including PT, pain management, injections. Diagnosed with DDD and radiculopathy C5-C6 and C6-C7. An NCS/EMG conducted said the nerve conduction of my right arm was normal, thank God. In JAN2017, referred to MEB for my neck as my ROM is limited. The initial VA consult found 13 other conditions. My C&P was conducted at the beginning of March. The General Health section was conducted by a very curt Dr. from Estonia. I began by telling the doctor that I was having a flare up and had not taken my medications as I had to drive nearly three hours to the appointment. She literally geunted at me. The whole process lasted two silent hours. She would read some records ask a question and move on to the next condition. As she was ready to leave I asked if she was going to examine me as per regulation. She seemed annoyed. She asked me to walk to the examining table and move up, down, left , right but I was in pain. She proceeded to tell to move more and question whether that was all I could move. All from the comfort of her chair with out even looking at a goniometer. Fast forward two weeks, I requested my records that my PEBLO assured me were done yet. This lady gave a very accurate ROM for flexion of 13. But stated verbatim that my exam was significant for somatic amplification, lack of effort. Pain level is not consistent with diagnostic tests. She proceeded to copy and paste this statement for my thoracolumbar portion as well. At one point referred to me in writing as a she all while using a NCS/EMG for my right arm to dismiss all radiculopathy.

I am ballistic because she just accused me of exaggerating when I told her I was having a really tough day without my meds after driving for hours.

My concern is how will the Physician writing my NARSUM use her findings? Should I begin a rebuttal and schedule my private neurologist for a DBQ. I am beyond pissed to have my integrity questioned by anyone but especially when the bs results were consistent with my monthly PT evals for ROM and pain.

My apologies for the rant and length of my posting. I appreciate any and all help provided. Thank you!
 

Almost_Separated

PEB Forum Veteran
Registered Member
#2
Sounds like you had the worst doctor possible for your QTC exam. I have seen many similar posts over this last year while I have been on the forum. I have yet to see anything concrete about what to do when something like this happens. I had a similar thing happen to me a year ago in my first set of QTC exams where my general doc did a horrible job. I complained to my VA rep and he told me that there wasn't anything I could do, QTC could do, or the VA could do that would resolve the issue until my claim closed out. He told me that the only option I had was to rebut any issues I had after my ratings came back, which really frustrated me. I don't know if what he told me was 100% correct, but I figured I would at least share my experience.

One more story for you. When I was going through TAPs last year I ran into a guy that had a very similar thing happen to him with his QTC exam. He explained that he contacted his state senator concerning the issue and supposedly he was looking into the matter and was raising all kinds of hell with VA over this issue. However, he said that none of it was going to be resolved until after he was medically retired, so yet again no immediate resolution.

I wouldn't be concerned about your physician writing similar negative comments on your NARSUM. I have a feeling that my doctor didn't even look my QTC package over when she finalized my NARSUM. But no guarantees here!

I do question whether the exam doctor is even legally allowed to write such matters in your medical evaluation notes. You should talk to a legal representative about this. I don't know how it works in the Army, but in the Air Force we aren't allowed to talk to an attorney just yet in this stage of the process, however, we are allowed to talk to a paralegal concerning such matters.
 

ThisGuy

Registered Member
#3
Thank you for the encouragement brother. It helps knowing I am not alone. Turns out another NCO going through the process had the same Doctor write the same exact words on his C&P report. This friend was totally screwed over and only recieved 20% DoD. He basically told me exactly what you just said. He goes before the FPEB in a few weeks, so I'm praying for him. I have documented medical records going back almost 5 years and already fought off starting the MEB back in 2014. I don't want to end my career this way but I can't do the job I love anymore and I have three little boys I need to put first. Thanks again Almost and everyone else on here. I swear this forum keeps me as sane I could be dealing with this process.
 

Almost_Separated

PEB Forum Veteran
Registered Member
#4
You are welcome!

The C&P exams are very important, but your 5 years of medical records will also be considered too. Back conditions are really only evaluated based off of loss of range of motion, so it is good that the doc at least put the numbers in the exam notes for the VA to consider. Having 5 years of documentation showing that this condition is chronic may just significantly outweigh her negligent opinion.

How many conditions do you have on the DOD side of the evaluation? My back is jacked and I only got 20% for it, but thankfully it wasn't my only condition on the DOD side.

Also, another word of encouragement. It can be very hard sometimes to get responses to posts on this site if they get buried by other posts. After using this website for nearly a year I have found that most posts only get responses if they get responded to while they are on the newest activity portion of the front page down at the bottom. Sounds silly I know. Most people don't go through each different forum on the site looking at posts, rather this site is used more like a news feed on facebook, where the new current posts get the attention. This isn't always the case but trust me it is the case most of the time. I found your post because I was randomly looking through new posts from Sunday, which I never do, but I did today lol. I tell you all of this so that you don't get discouraged if you don't get a response to a question, yet you get 30 or 40 views. This is a common occurrence and sometimes you just have to delete your post and then try again.
 

ThisGuy

Registered Member
#5
I figured the post had gotten lost in the sauce. I had two DoD claims for cervical and lumbar DDD with radiculopathy but that Doctor tanked the radiculopathy using my right arm nerve conduction from last year. I'll see when I'm presented with my NARSUM. I have 13 other conditions that pale in comparison to my neck and back. Praying for the best, expecting the worst and preparing to fight.
 

Almost_Separated

PEB Forum Veteran
Registered Member
#6
You may be surprised at the ratings you get for you other conditions. The VA can be very generous on their ratings (excluding the back). But yes I agree that praying is the best option, and make sure you don't get weary in this fight. Stay strong to the end!
 

flyin_dutchman

Registered Member
#9
It is frustrating to hear about your C&P exams, and seemingly lack of recourse. My C&P exam was bad also, and I received ratings back already from VA. I am very blessed to have gotten 40% for two of my six claims (I'm not being greedy). I DO however have problem with getting no rating at all from VA(even disregarded) from a medically documented condition (MRI and doctor notes) occurred during a deployment doing my job, which they even called EPTS?! WTH?! There's NO recourse or rebuttal for THAT?
 

Bertian

Registered Member
#10
Good Morning,

I am now in the same boat. I just finished my C&P exams and received the NARSUM. While at my exam I did NOT flex forward more than 15 degrees but the doc wrote I have 80 degree flexion. That is totally bogus and I am trying to fight it. I wrote up a complaint letter and gave it to my PEBLO and are seeking legal advice. I have 23 other conditions but only the DDD is being sent to the DOD side. With that said that rating will only be 10% at best so it looks like I might be medically separated at 16 years active service. The Legal team is saying that I have to wait to fight the ROM until the end of the process, also said to fight I will have to go see a civilian doc and pay out of my pocket to have something to submit to the board. If anyone has any thoughts I would like to hear them. thanks
 

flyin_dutchman

Registered Member
#11
Good Morning,

I am now in the same boat. I just finished my C&P exams and received the NARSUM. While at my exam I did NOT flex forward more than 15 degrees but the doc wrote I have 80 degree flexion. That is totally bogus and I am trying to fight it. I wrote up a complaint letter and gave it to my PEBLO and are seeking legal advice. I have 23 other conditions but only the DDD is being sent to the DOD side. With that said that rating will only be 10% at best so it looks like I might be medically separated at 16 years active service. The Legal team is saying that I have to wait to fight the ROM until the end of the process, also said to fight I will have to go see a civilian doc and pay out of my pocket to have something to submit to the board. If anyone has any thoughts I would like to hear them. thanks
You got a NARSUM? I have not even seen a NARSUM written yet?!
I am not sure if the Doc wrote one but I never saw it, or really even where I stand in the process of an MEB? I've had C&P exams which had many errors contained , and see some ratings. My base Med folks say the "package went up", but do not even know to where?
 

FloridaInjuredInCombat

PEB Forum Veteran
Registered Member
#12
Even with a severe spinal injury, requiring three major surgeries, countless minor operations, massive nerve damage and nearly unbearable pain, the SOB who did my C&P exam wrote "No Pain, No Limitations, Full Range of Motion". Flat out LIES about me. I too was and still am furious about it.

Luckily Jason Perry steered me in the right direction. My own ortho doctor completed a HARD COPY spinal DBQ, and I held onto the hard copy until the PEB APPEAL (VARR) step. The VA accepted the DBQ without question and raised my VA ratings from 30% to 80% without a fuss. My guess is they damn well KNOW that more than a few C&P exams are completely wrong and frankly vindictive towards the injured Soldier.

Take heart, get your DBQ(s) in order, and use them at the PEB Appeal (VARR). As for the so-called doc who called you a liar... consider the source. You fight and focus should be on the ratings outcome.

Hope this helps...
 

tony292

PEB Forum Veteran
#13
Florida injured combat is 100% correct on getting your existing dr that is treating you to fill out a DBQ!!!! When it comes down to it, the VA must take that over the QTC docs DBQ because you have a history with your doc, your doc knows you a lot better than a QTC doc who has only seen you once.

I had two DBQs from two psych docs that were both solid 70#. The VA doc who did my CP psych exam filled his out at 50. At the VARR I was successful in getting MH increased to 70%.
 
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