I am typing up on letter as we speak to my congressman and I just noticed that there are issues with the C&P exams done back in July 2013. Can you look at them attached in my original post? I want to point out to you the feet C&P exam and the ankle C&P exam.
During my claim process I had two C&P exams. In July 2013 I had a C&P Exam for feet and ankles. During that exam I supplied two DBQ’s that were filled out by my private Podiatrist Dr. James Hurst. Those DBQ's were solid and my Podiatrist stated my diagnoses for all my issues were while I was in-service. The C&P examiner Dr. Tesfaye Tetemke stated in the remarks section on BOTH C&P exams for feet and ankles, stated there is “for claimants condition of right foot condition, there is no diagnose because the claimant does not claim the condition”. This is an error because my original claim of May 2013 states ankle and foot conditions. He goes on to say that the Left Foot and Left Toe Condition on Left foot, the diagnose is already noted in the diagnose section. He noted under diagnoses the morton’s neuroma as of 1992, he noted avulsion fracture of the RT 5th metatarsal as of 6/23/2013. This is incorrect!
He then did a C&P exam for ankle conditions. He then puts in the diagnoses section, right ankle sprain, 1993 for both, right 5th metatarsal fracture, 1993, left ankle synovitis, 1992. The fracture he states as of 1993 here but states it as 2013 in above C&P exam. He clearly made errors here! He goes on to say in remarks that the right and left ankle conditions are noted in the diagnoses area.
This should have warranted me a new C&P exam right?
Furthermore, the DRO Steve Wilbur stated,
“ We have opinions relating this condition to falls in the military and also falls related to your service-connected left ankle condition after service. Both opinions lack a rationale sufficient to support a grant of service.” The two rationales he is referring to be the letters from my VA Podiatrist indicating my contentions were in fact service related. This in it’s self should have warranted me a new exam! The one letter is attached for your review.
We have a great benefit in Utah, based on what percentage your disability is. However, I am struggling with my deed in both my spouse and my name so I only get 50% of my benefit since my spouse is not disabled. Any thoughts on how to fix this?
yes navy4 do as Ms berta suggested
''The CUE would be a violation of 38 CFR 4.6. You could attach copies of the SMRs with the probative parts highlighted with a magic marker, to support the CUE claim''.