Got My C@p Exam Report Today

[Ryguy]

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.

[tmoe]

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

[Berta]

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.

[Ryguy]

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.

[rdawg]

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".

[Ryguy]

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".

[Ethan'sGrandma]

Ryguy,

I've often thought the same thing...where is the logic in some of this stuff? I answered my own question: there is none!

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