Good afternoon, i'm not exactly sure if this is the right place for this post, but here goes. I am in the MEB process, I just got the NARSUM and I am appealing it. I managed to obtain some strong medical evidence to support my appeal and pointed were they wrote a contradictory statement in the NARSUM. It was submitted and denied yesterday. I did highlight that the VA examiner did not do a straight leg test in his exam, nor did he use a goniometer to measure range of motion. Both of these would be applicable for my unfitting conditions, yet he didn't do it, although he stated he did int he C&P exam. Of course this is his word against mine.
However, in an interesting turn of events the examiner who I assert did not perform the exam correctly, has left the VA and no longer works there. The supervisor at the clinic received my complaint, because I filed a dispute and requested a new exam directly to the VA, called me directly to ask me some questions about what was wrong with the exam. I listed that he did not do a straight leg test, he did not use a goniometer to measure my range of motion, and he completely left out one the main conditions I listed that encompasses my unfitting condition. The supervisor then informed me that normally they would go and talk to the examiner directly because get their side of the story and to ensure that they guidelines for exams were followed. She then says that sadly they cant do that in this case because the examiner no longer works for the VA. The C&P exam was done on 15 October and I was told this yesterday 2 November, so within 2 weeks, that he doesn't work there anymore. Im told they cant question him it now that he is gone and they will not be doing the exam again...because they dont do that. I will say I did not fell very good about that exam and the examiner did not seem like he was "all there" during the exam, he was off and seemingly disinterested in anything I had to say. So I left with a bad feeling.
Now that the guy, who no longer works for the VA, stuck me with a C&P exam that is not favorable to my case. I am curious as to how this is going to play out, given my new evidence in spite of the denied appeal. Any thoughts on this are welcome or has anyone disagreed with an examiner who subsequently left the VA shortly after your exam, which you felt was sub standard?
However, in an interesting turn of events the examiner who I assert did not perform the exam correctly, has left the VA and no longer works there. The supervisor at the clinic received my complaint, because I filed a dispute and requested a new exam directly to the VA, called me directly to ask me some questions about what was wrong with the exam. I listed that he did not do a straight leg test, he did not use a goniometer to measure my range of motion, and he completely left out one the main conditions I listed that encompasses my unfitting condition. The supervisor then informed me that normally they would go and talk to the examiner directly because get their side of the story and to ensure that they guidelines for exams were followed. She then says that sadly they cant do that in this case because the examiner no longer works for the VA. The C&P exam was done on 15 October and I was told this yesterday 2 November, so within 2 weeks, that he doesn't work there anymore. Im told they cant question him it now that he is gone and they will not be doing the exam again...because they dont do that. I will say I did not fell very good about that exam and the examiner did not seem like he was "all there" during the exam, he was off and seemingly disinterested in anything I had to say. So I left with a bad feeling.
Now that the guy, who no longer works for the VA, stuck me with a C&P exam that is not favorable to my case. I am curious as to how this is going to play out, given my new evidence in spite of the denied appeal. Any thoughts on this are welcome or has anyone disagreed with an examiner who subsequently left the VA shortly after your exam, which you felt was sub standard?
