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    • Thank you Vync for the warm welcome and reply. The addendum was made by the C & P examiner, but 10 weeks later. They are saying my progression is the typical rate of progression for my spine issues, therefore not related. That leaves me unsure if I should appeal this or claim it as chronic low back pain. I have several records to support as such. Also, when the examiner quoted my angles they were much lower than anything sound. A spinal curve doesn't shrink and then exaggerate again a few years later.    
    • Okay everyone, I have been MIA for a few days to try and collect myself.  I received a call from my Women's advocate at the local VA who can see my file.  I am beyond upset and just deflated.  The DRO Steve Wilbur held true to his reputation.  He called me on August 18th, 2016 to tell me he was going to decide my NOD within the week, but he actually lied to me because he decided it that day.....DENIED!!!  To further more upset me, my claim has so many errors from the beginning of the original decision to today's decision.  We went over everything on the phone and we found so many errors.  I am going to wait for the SOC so that I get the Form 9.  At first I said "F" it and I was going to give up and just apply for my right foot secondary to my left ankle but I thought about it and the more and more I did, the more and more I got so pissed off!   Over the weekend another Veteran and I spoke on the phone.  He too had the same DRO, Steve Wilbur and was denied on the same day as me.  The other interesting thing....my boyfriend received his SOC in the mail for his denial on the same day and guess who was the DRO????  Yep, Steve Wilbur.... Apparently Steve Wilbur has a very bad reputation in WACO.  I was told by this veteran that his attorney is heading there today to raise hell over this situation.  I emailed Robert McDonald for what it is worth too.  Both of us had solid evidence to overturn the original decisions.  I feel we were both retaliated due to the fact that we emailed Robert McDonald a few weeks ago for an update.  This is devastating and now I have years of waiting because of Steve Wilbur. When I was on the phone with my rep at the VA, she was reviewing the notes and Steve Wilbur has so many mistakes noted on my SOC.  One issue is the fact that my original C&P exam from July 2013, the examiner gave NO RATIONALE, however several months later, a medical opinion was given by a doctor who NEVER saw me but rather took a quick glance of my documents and denied me even after the fact that the examiner from the C&P exam noted both my DBQ's from my podiatrist and stated my injuries were in-service.  Furthermore, I had the letter from my current podiatrist stating all my injuries were in-service. So disappointed but I will continue to fight this!
    • Welcome to Hadit! Was the addendum made by the C&P examiner, a non-C&P doctor, or possibly someone working at the VARO? How long after service did they claim the condition progressed after service?    
    • With the 100% P & T decision the VA should have mentioned or enclosed the Chapter 35 applications for your dependents.They usually send the Chapter 35 pamphlet as well, which is linked below.   The dependents are also eligible for CHAMPVA  which also can be searched for here.I dont know how VA informs vets these days of their dependent's potential for CHAMPVA  in 100% P & T awards. As I recall I received a VA letter advising me on CHAMPVA and that has to be applied for.The letter was separate from the 100% P & T posthumous award that included Chap 35 apps for me and my daughter.More info here. http://www.benefits.va.gov/gibill/docs/pamphlets/ch35_pamphlet_2.pdf   http://www.va.gov/vaforms/medical/pdf/vha-10-10d-fill.pdf http://www.va.gov/purchasedcare/programs/dependents/champva/      
    • @Bonzai Great to see you!!!  Have you checked out http://www.disabledveterans.org I think it will helpful in your fight for Voc Rehab. We have had a lot of complaints about Voc Rehab so do keep us posted on your progress. You may even want to think about starting your own blog about it. That will give you something to do. I did it and here we are 20 years later. About a blog, you can use your photographs and your wive's to illustrate your posts. It might just turn out to be your thing.





Ryguy

Got My C@p Exam Report Today

12 posts in this topic

Today I got my c and p exam report, this exam was for an appeal for cervical and spine issues, I already received disablity for lumbar back issues. OK, it says that i'm noted to have DJD cervical spine (2008), and right arm sensory neuropathy was diagnosed in (2011). He took the range of motion notes from a previous exam that I had 2 months ago for adaptive special housing assistance. Then in his remarks it says. Opinion it is less likely than not that the veteran's neck dondition is related to his service connected lumbar strain. No medical evidence exists that indicates that lumbar strain causes DJD of the cervical spine. It is less likely than not that his current neck pain noted in 2008 is related to the in service Motor vehicle accident. He was not complaining of or treated for neck pain while in the service. It is unlikely that neck pain manifested 8 years after the in service accident could be a residua of the accident.

So i'm like WOW, this isn't good, although I have a battle buddy statement noting my complaints to the doctor about neck pain and I also submitted my doctors medical opinion saying that it is more likely than not , that my issues were caused from this accident.

Does this sound like i could lose this case big time or what? Any ideas would be appreciated.

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Does this sound like i could lose this case big time or what? Look like benefit of doubts 50/50 or which medical opion

will they use. Get the decision and maybe if not approve than get another IMO. Good luck hope it goes well

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I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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Ok thanks Berta, could you let me know you post the information about the CUE of the VA, I just have to get my mind mentally prepared in the event this appeal case is denied. I know everything is on a time restraint once you get that decision, So with this if i'm denied, you would only request a reconsideration if I have new evidence right?

I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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