Question:

Had my C&P Exam of my cervical spine herniated disc & neck arthritis today. The examiner was kinda rough with me when doing measurements on my neck movement. Every time I move my neck I feel pain on my left side of my neck, shoulder and will radiate to my left arm, hand and fingers. Burning, tingling, pins and needle sensation. The examiner didn’t like the way I turned my head (side to side, backwards and forward) because of my limited range of motion. The examiner tried to assist by placing her hand on my face and head with every movement. The examiner didn’t seem to care how much pain I was in during. Then the 3rd time, she placed both of her hands on my face turned my head left and right and shifted both of her hands to my head pushing it forward and backwards. After the exam I just looked at her and she stated, “sorry, I had to do it”. I thought that was very unprofessional.   Are the VA examiners allowed to do what she just did to me? To manipulate my neck in order for her to get the measurements she was l wanted. She didn’t care how much pain I endured during the exam and I’m very disappointed. I’ve never been mistreated like this in any of my previous C&P exams. Was the examiner right or wrong for doing this? Please advise. Thanks for your attention.

Jim's Reply:

"Are the VA examiners allowed to do what she just did to me?"  "Was the examiner right or wrong for doing this?"

I think it's safe to say that the examiners who contract with VA to conduct C & P exams or VA employees who conduct C & P exams aren't encouraged to treat anyone rough or with anything other than the utmost respect. If you aren't treated professionally and courteously, that's wrong...no two ways about that. We hear reports like this all too often and we know that some C & P examiners aren't at their best day to day. The question now is what to do about it? My answer is always the same: Do nothing. Let it go. The harsh fact is that complaints about examiners fall on deaf ears unless you crawled out of the exam room broken and bloodied and you have corroborating witnesses that you were assaulted. If the exam was somehow unfair and your benefit claim is denied, the time to mention the inadequate exam is in the formal appeal process, not before. The C & P exam is a stressful event in the chain of events that occur during the adjudication of a disability claim and once you're done with it, close that door and move ahead.