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2 C&p Exams For Smc

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I recieved a denial and statement of the case from the regional office in August

for special monthly compensation for loss of use of lower extremities secondary to my

service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010

I had Two compensation and pension examinations for loss of use,the first one

stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance.

The physician stated that mild peripheral neuropathy of

my lower extremities is not sufficient to cause a problem with ambulation.

That is the reason my claim was denied.I use crutches,cane and a walker

all issued by the VA.my condition is a lot worse then mild which has

been documented in my files over the years.The second examination

as done later the same day by another M.D.

Which was not included in the reason for denial the second physician states

that my cervical and lumbar condition has created a functional loss

of use to my lower extremities causing walking limitations and It is at

least as likely as not that my service connected cervical and

lumbar condition is the cause of my loss of use and inability

to perform any type of gainful employment.

It was also stated Functinal loss with use: there is additional

loss due to pain,

weakness and lack of endurance after repetitive use x3.The major impact

is due to pain

there is additinal loss of 5 degrees due to pain after use x3.

My Question why was the second examination NOT CONSIDERED in my claim

for compensation for loss of use ??? Thank You.........

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  • HadIt.com Elder

Cuz they wanted to deny you and f*** w/you, hoping you will give up and go away. Sorry but that's the way it is. That really sux!!!!!!!!!!!!!!!

pr

I recieved a denial and statement of the case from the regional office in August

for special monthly compensation for loss of use of lower extremities secondary to my

service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010

I had Two compensation and pension examinations for loss of use,the first one

stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance.

The physician stated that mild peripheral neuropathy of

my lower extremities is not sufficient to cause a problem with ambulation.

That is the reason my claim was denied.I use crutches,cane and a walker

all issued by the VA.my condition is a lot worse then mild which has

been documented in my files over the years.The second examination

as done later the same day by another M.D.

Which was not included in the reason for denial the second physician states

that my cervical and lumbar condition has created a functional loss

of use to my lower extremities causing walking limitations and It is at

least as likely as not that my service connected cervical and

lumbar condition is the cause of my loss of use and inability

to perform any type of gainful employment.

It was also stated Functinal loss with use: there is additional

loss due to pain,

weakness and lack of endurance after repetitive use x3.The major impact

is due to pain

there is additinal loss of 5 degrees due to pain after use x3.

My Question why was the second examination NOT CONSIDERED in my claim

for compensation for loss of use ??? Thank You.........

Edited by Philip Rogers
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I recieved a denial and statement of the case from the regional office in August

for special monthly compensation for loss of use of lower extremities secondary to my

service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010

I had Two compensation and pension examinations for loss of use,the first one

stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance.

The physician stated that mild peripheral neuropathy of

my lower extremities is not sufficient to cause a problem with ambulation.

That is the reason my claim was denied.I use crutches,cane and a walker

all issued by the VA.my condition is a lot worse then mild which has

been documented in my files over the years.The second examination

as done later the same day by another M.D.

Which was not included in the reason for denial the second physician states

that my cervical and lumbar condition has created a functional loss

of use to my lower extremities causing walking limitations and It is at

least as likely as not that my service connected cervical and

lumbar condition is the cause of my loss of use and inability

to perform any type of gainful employment.

It was also stated Functinal loss with use: there is additional

loss due to pain,

weakness and lack of endurance after repetitive use x3.The major impact

is due to pain

there is additinal loss of 5 degrees due to pain after use x3.

My Question why was the second examination NOT CONSIDERED in my claim

for compensation for loss of use ??? Thank You.........

You will never know why, but the obvious is that they ignored the other exam because it was not in their favor. However, if this is an initial claim for compensation than you have 1 year to file a NOD. I would first take about a week to calm down then request a copy of your c&p exams. From there you should take it to your doctor to discuss it with them If you have a neurologist than they are who you need to see. You can easily prove your condition through tests such as an EMG and nerve conduction study (NCS). These tests are excellent and provide undisputable evidence that the VARO cannot argue with. You have alot of issues/things to consider take your time and keep us posted.

JMO,

Bergie

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I have had several EMG, MRI's and nerve conduction studies done which verify cervical and lumbar DDD,spondylosis with longstanding radiculopathy also cervical myelopathy.

I already have copies of my C&P exams.thats were i recieved the statements i used in my

opening request earlier from the 1st and 2nd examinations.

I have filed NOD informing them of the reason why with copies of the C&P results.

The VA neurologist have informed me that surgury is required for my condition.

in my VA medical records i have been diagnosed with all of the above condition

in a severe state with the inability to walk and amputation risk..

The type of examination by first C&P was done for Brain and spinal cord..

The 2nd. examination states the type of examination as ---

Feet/Spine (cervical,Thoracic and lumbar) hand,thumb and fingers.

Thank you again for assistane..

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  • HadIt.com Elder

I recieved a denial and statement of the case from the regional office in August

for special monthly compensation for loss of use of lower extremities secondary to my

service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010

I had Two compensation and pension examinations for loss of use,the first one

stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance.

The physician stated that mild peripheral neuropathy of

my lower extremities is not sufficient to cause a problem with ambulation.

That is the reason my claim was denied.I use crutches,cane and a walker

all issued by the VA.my condition is a lot worse then mild which has

been documented in my files over the years.The second examination

as done later the same day by another M.D.

Which was not included in the reason for denial the second physician states

that my cervical and lumbar condition has created a functional loss

of use to my lower extremities causing walking limitations and It is at

least as likely as not that my service connected cervical and

lumbar condition is the cause of my loss of use and inability

to perform any type of gainful employment.

It was also stated Functinal loss with use: there is additional

loss due to pain,

weakness and lack of endurance after repetitive use x3.The major impact

is due to pain

there is additinal loss of 5 degrees due to pain after use x3.

My Question why was the second examination NOT CONSIDERED in my claim

for compensation for loss of use ??? Thank You.........

Have you received a response from your NOD yet? You should point out that the second examination was NOT CONSIDERED in your claim for compensation for loss of use. I would use a 21-4138

Edited by Commander Bob
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