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masters101

Wow, Another Va Error: Please Help

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:D Wow, I continue to be amazed by the VA. My wife was released from the USAF on a medical disability. She recently received a rating that stated, "VA examination was conducted and results show an increased severity of your lumbar spine condition that would warrant an evaluation of 40 percent disabling. However VA examiner reported that the the test results were unreliable. Wpon Waddell's testing, the results revealed regional wakness or sensory changes which deviate from accepted neuroanatomy. We requested VA examiner to clarify the fndings and examiner responded that the range of motion findings are not reliable and that further examinations are not expected to briing forth a different outcome."

So she was given a rating of zero percent, she is on heavy medication and can barely walk.

Please help what do we do?

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If the illness was sufficient to warrant being medically retired, then common sense leads us to believe it should be sufficient to provide a rating greater than 0%. But then again, the VA often works without common sense.

How many C&P exams were given by the VA?

Did they perform an EEG?

Is this the result of the initial claim or an appeal?

When was your wife discharged?

Did she ever serve in a war zone or in the Persian Gulf?

Have you sought treatment since getting out? At the VA hospital?

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:D Wow, I continue to be amazed by the VA. My wife was released from the USAF on a medical disability. She recently received a rating that stated, "VA examination was conducted and results show an increased severity of your lumbar spine condition that would warrant an evaluation of 40 percent disabling. However VA examiner reported that the the test results were unreliable. Wpon Waddell's testing, the results revealed regional wakness or sensory changes which deviate from accepted neuroanatomy. We requested VA examiner to clarify the fndings and examiner responded that the range of motion findings are not reliable and that further examinations are not expected to briing forth a different outcome."

So she was given a rating of zero percent, she is on heavy medication and can barely walk.

Please help what do we do?

You file a Notice of Disagreement and you obtain an Independent Medical Opinion (or an Independent Medical Exam) depending upon how much testing results you have available to you. You must first obtain ALL of her Service Medical Treatment files, all of her VA treatment files, and all of her C&P (compensation and pension) medical exams. You will need to make all of these available to the doctor performing her IMO or IME.

Dr. Bash would be an excellent physician for these services.

I have never used him, but I do believe some of our hadit members have and they can fill you out further.........................

Edited by LarryJ

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Vync,

Slow down my friend he said she was released not medically retired. This is a as crazy as I have read here on hadit. How do they tell you that you qualify and then still deny it.

Masters you must appeal this and the experts will soon be offering more advice the will more than likely want you to post the denial letter without you wifes personal info of course.

I have seen some crazy decisions myself so i know your pain you will get the help you need here.

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:D Wow, I continue to be amazed by the VA. My wife was released from the USAF on a medical disability. She recently received a rating that stated, "VA examination was conducted and results show an increased severity of your lumbar spine condition that would warrant an evaluation of 40 percent disabling. However VA examiner reported that the the test results were unreliable. Wpon Waddell's testing, the results revealed regional wakness or sensory changes which deviate from accepted neuroanatomy. We requested VA examiner to clarify the fndings and examiner responded that the range of motion findings are not reliable and that further examinations are not expected to briing forth a different outcome."

So she was given a rating of zero percent, she is on heavy medication and can barely walk.

Please help what do we do?

http://www.dynamicchiropractic.com/mpacms/...cle.php?id=9256

In a nut shell they are saying that she is had a range of motion that fit the criteria for an increase but there was not reason (neuroanatomy) for it. You need to have a Dr identify what is causing the symptoms i.e., back strain, degenerative joint disease, heriated disk, etc. Otherwise, they are saying that her back may hurt but why? In any case APPEAL.

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