I am in the middle of getting an appeal together and can't rely on the DAV for advice so I'm turning to you to make sure I'm not getting into something that I shouldn't.

When we received the decision from the VA, the VA Examiner said that my husband walked with a cane. But he never did walk in with a cane let along use one. Now at first we thought that we shouldn't say anything about it, but it really shows how little the examiner was really paying attention to the exam if he saw something that wasn't there. Also, the VA examiner had my husband lie down on the examining table and picked up his legs and literally pushed his knees to his shoulders while my husband was pleading with him to stop. The VA examiner said "you're exaggerating your pain and I was able to move your legs and you could sit down with your knees bent." So that became part of the Decision that "while distracted my husband could move his legs" not what really happened and no mention of getting pain meds ever since to deal with it.

My question: Do I make what happened in the exam part of the appeal? My husband was having a flare up that day and I'm using the DeLuca Criteria as part of the appeal, too. But if an examiner takes your legs and moves them in such a way just to say you could move your legs and doesn't make that part of his report, do I bring it up in the appeal? I have put a report in with the Patient Advocate, did that the day after the exam.

And the cane-how much attention was this guy paying? And my husband's file was missing, too. Any and all advice would be greatly appreciated. Diane