Jim,
Would you please provide your imput as to what I should do on this matter.
I'm 90% disable and in July of 2010 put the paperwork in for the 100% unemployability.
VA arranged a QTC appointment with a doctor that provided a false report on my past claim for Bilateral Hip Sacroiliac Joint sclerosis. During the examination the doctor had me walk across the floor and grabbed me from behind and place a hand in the small of my back and on my shoulder and pulled me backwards in which he caused me severe pain. During this same time I have severe stenosis in my L4-5 and is on pain meds and getting eperudurals and seeing a pain management doctor.
VA inurned arranged another QTC appointment with this same doctor in which I called and stated that I did not wish for this doctor to touch me again and wrote VA a letter stating why and how he hurt me and also informed the VA that his examination was inadequate according with CFR38 . The VA arranged for me to see another doctor and that appointment was completed on 10/21/2010 for 100% unemployable.
I just received another letter from the VA for the same examination in which I had on 10/21/2010 with the same doctor that hurt me in the past and this exam is for 01/12/2011. Would you please provide some input or suggestion on this matter.
Reply:
If I were you I would write a brief letter to your Regional Office. In the letter I would say just what you have said to me. Make it short. Say "I have been subjected to numerous inadequate exams. The examiner has been physically aggressive and he has caused serious bodily injury to me, making my condition worse."
Mail this asap and use certified mail, return receipt requested. Use only certified mail. This will prove that you have notified them.
If you are not notified of the exam being canceled. go to it. We do not want to give them any reason to say you didn't show for a scheduled exam. Do not act out or engage the doctor about anything
during the exam. Do as you are told but do not do anything painful or that would hurt you. Make mental notes and then write down your experience as soon as you get home.
Any continued negative outcomes from this examiner can be appealed in the future. To best do that, be sure that you have compled with all VA instructions and keep good records.