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Results From C&p Exam

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Bravo6

Question

What do you think my changes of being approved for TDIU with this C&P exam?

My current Conditions rated at 70%:

1. Degenerative Joint Disease of L4-L5 and L5-S1, spondylosis L4-L5 - 40%

2. Right tibiofibular fracture with status post IM nailing and fasciotomy - 30%

3. Right second toe digit proximal interphalangeal fusion - 20%

4. Multiple scars to right leg from fracture - 10%

This is what the Dr wrote:

"It is my opinion that the diagnosis of the right knee degenerative joint disease is related to the Veteran's service injury. Therefore, it is related". Interesting since I was never seen before and I have no rating on my right knee, yet.

He continues:

"Concerning the Veteran's functional limitations impacting physical and sedentary employment, the veteran states that he can lift up to 10 pounds. He states that he limits his stooping and bending and walk 1/4 miles, he can stand for 3 minutes, he can go up one flight of stairs. Due to these restrictions and also the veteran being on narcotics, physical activity would be somewhat limited; however, a sedentary desk type of job could be a possibility"

I rec'd my OT report on my physical assessment:

She states " Bravo6 demostrated fair-good effort with fair-poor performance. He complain of increased LBP will all testing with inability to complete one of the long distance tasks due to pain. He required several rest/stopping breaks with increased weighted and long distance testing due to increased pain. He demo. decreased endurance with stair climbing test with inability to complete test fully due to pain with below average time results".

Her recommendation (OT):

"Increase activity level, Learn to balance lifestyle issues/activities and coping skills, Conditioning and stretching program"

I rec'd my PT report on my physical assessment:

He states "Bravo6 appears to be disability and pain oriented with much pain and self limiting behavior. Bravo6 is a tall individual with moderate degenerative lumbar spine changes. It is difficult to know how much of his past orthopedic trauma is a part of his pain behavior and how much is related to degenerative back condition and how much is from general deconditioning or mental attitude. He reports very little activity over the past 4 years. Recommend two or three months of progressive guided conditioning to see if PT would benefit from changes in environment and increased physical activity."

Any and all comments welcome! Thanks!

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  • HadIt.com Elder

I think the C&P doctor put the screws to you with that last comment. You may need an independent medical opinion that given your disabilities you can't work. Have you applied for SSD?

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I think the C&P doctor put the screws to you with that last comment. You may need an independent medical opinion that given your disabilities you can't work. Have you applied for SSD?

Thanks for replying!

Yes, I have applied for SSD last October and was denied, then I rec'd a second denial. I'm currently awaiting to be seen by the judge/court!

I was thinking the same thing about the comment of sedentary work! That is BS to say the least. I was thinking that I had a real good chance of getting TDIU but now I'm losing faith. This sucks bad!!!!

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  • Content Curator/HadIt.com Elder

From what they wrote, I bet the treatment records they reviewed contained some sort of recent range of motion numbers, which may explain why they said your knee has DJD and did not give you an exam.

Physical therapy can help -some- patients, but not all. They do that to strengthen your body and help compensate for your weak spots. The stretching can help stretch nerves so that your bones/growths don't impinge on the nerves as much.

I don't know what to make of the report because it seems to contradict itself. You have one recommendation telling you a desk job would be a good idea, but the other wants you out of the desk and on your feet. I have a desk job and can tell you that sitting at a desk is not a good thing to do for your back, as I also have DJD in the same vertebral joints as you. The only time I am comfortable and in less pain is when I am laying on my side, like when I am watching TV or sleeping.

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From what they wrote, I bet the treatment records they reviewed contained some sort of recent range of motion numbers, which may explain why they said your knee has DJD and did not give you an exam.

Physical therapy can help -some- patients, but not all. They do that to strengthen your body and help compensate for your weak spots. The stretching can help stretch nerves so that your bones/growths don't impinge on the nerves as much.

I don't know what to make of the report because it seems to contradict itself. You have one recommendation telling you a desk job would be a good idea, but the other wants you out of the desk and on your feet. I have a desk job and can tell you that sitting at a desk is not a good thing to do for your back, as I also have DJD in the same vertebral joints as you. The only time I am comfortable and in less pain is when I am laying on my side, like when I am watching TV or sleeping.

Yes, I do have the range of motion in the C&P results (could post them if you like). Will I get rated on the right knee condition since the C&P doctor found it or do I need to file a new claim after I get my decision?

I agree with the contradiction, so I don't know what to do. HELP!

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Can you give a little more information please?

What claims did you file? Was it for TDIU only or right leg and TDIU?

Thanks Pete for replying....I was granted 70% last July from my initial 60% in Jan 2001. So I decided to claim TDIU since my pain is worse in my lower back.

While I waited for the C&P examination for the TDIU, I had an MRI (finally) in Dec 2009 on my Lower back. They found that I had 3 bulging discs that was never seen in the first exam in 2001 because I only had X-rays done up until the MRI.

The right knee condition is something that the C&P dr found. I never knew I had DJD in my right knee, but it makes sense I have pain in it now!

Hope this helps!

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