beautygirlsmom

-- The short -- Today our VSO calls and says the report is a 180 from what we expected with a "More likely then not" The report, written up days after the first exam, pulls up some unrelated data from non VA medical documents and goes off in a different direction. The VSO told us to write up statements on VBA 21-4138, from each of us, detailing how the exam did not include any questions during the exam about this, explain the statements from the non-VA medical records, and get them in ASAP. He would try and get it ignored and a different C&P requested. Is this normal to have someone exam you, tell you clearly its related, then the report comes back the opposite?? Is there any practical chance to intercept this and work on it now, or are we doomed to the years long appeals board process when this comes back with a denial letter in a few weeks? -- The long -- The first C&P in 2011 needed a do-over because it failed to include any nexus statement. Those items were put down as deferred and a new C&P was ordered from the Gathering of Evidence stage. On 8/22 the 2nd C&P exam ended with "without a doubt the loss is service connected" from the DR and out the door we went. The 2nd Dr even read the first Dr's notes and said "yes, I can see where she says this is service connected, she just didn't put it in terms for the regional office" He also asked for a follow-up peripheral vision test, which was done last week. We called our VSO after each appointment to update them on how things went. We have been very positive. Regardless, we are working on the statements in support of our claim now, and will sign them and have them in our VSO's hands bright and early when they walk into tomorrow morning. It can't hurt to try. Both of us were there on a redo of a C&P, prepared and listening carefully. It just doesn't make sense that we both had rose colored ear muffs on.

He has been on Social Securty for nearly three years due to his blindness, and his original claim was for his vision loss. A VA doctor recommended he talk to the psychologist with regard to issues resulting from his vision loss, and they diagnosed him with PTSD. We were told he can't apply for TDIU until the deferred issues (his vision) have been resolved. He does not work. Thank you, John, for suggesting maybe just some notes to help keep him on track! That might really help!

Thank you, Berta. I think the primary reason for the do-over on this C&P is because the original doctor who examine him didn't include a Nexus statement with her history and physical notes. The injury to his eye is documented in his SMRs, however, the injury exacerbated over the years to the point of legal blindness. Which is ironic, because he was awarded 70% for PTSD, which was a direct result of the accident that cost him his vision! He's been seeing the VA corneal and retinal specialists for two years, so his information is fairly well documented that way, but I just know that he is in there at that appointment rambling and going on and on when he's asked a question, and his answer may not in any way actually answer the question - or he's answered it in a way that you have to piece the actual answer together. UGH! Thanks again for your input. We may have to rethink our strategy.

My husband is schedule for a repeat C&P exam next week to follow up on the deferred issues (his eyes) from the recent settlemet of his claim. He has PTSD, and he has a hard time getting to the point with things, which I think is part of the problem from the first opthalmic C&P exam. He has a tendency to ramble, get off topic, and issues get confused. I wanted him to sit down before he goes and type up a written history of the accident, his onboard treatment, follow up medical treatment when he was discharged, and the progression of his issues since then (he is now legally blind in both eyes). His concern is that they won't accept the statement, or if they allow such things, there must be a form that you have to put it on. Are we allowed to do this? Do they consider it as part of the exam, or will it be dismissed? I can go with him to the exam, but the first time, the doctor clearly directed all of her questions to my husband, without giving me an opportunity to cut to the chase. Is there an official form for this?

My husband just got off the phone with a really nice woman from the VA with regard to his claim. We got a call two weeks ago saying he was approved for PTSD at 70%, but his other issues (legal blindness as a result of corneal damage and retina detachments stemming from numerous surgeries following an accident while onboard ship) were deferred. Ironically, the PTSD he suffers is as a result of the accident, so they approved PTSD based on the injury in the service but didn't approve the injury - but I digress. So, she tells us that when the eye doctor at the VA hospital in Philly did his C&P exam, the doctor failed to put in any of the standard language they expect to see in the exam report (as likely as not; likely; not likely; etc.). She did a very thorough exam and a history that documents the injury, but no where does she relate the condition of his eyes and the accident. She doesn't indicate it's not connected, she just wrote a standard medical report (here's the history, here's today's exam, thank you for allowing me to examine this patient). The VA is sending her follow-up email, but we don't know the language in that email. The rest of his claim won't be considered until they get a response from this doctor. So, I guess my first question is - is the email part of his medical records, so we could get a copy of the email and the doctor's response? Should we assume she wasn't familiar enough with the C&P process to know how to do the report as required by the rater? I'm not even sure there's a way for us to contact this doctor to see if there's something we could do to help her? We're approaching the end of our second year since the claim was filed, and I'm just hoping to find something I can do so I feel like we're being proactive. Thanks for any insight! Anna

Thank you both. He works with Ed Eckroth over in Philadelphia, and we haven't gotten any written documentation yet. I don't know if he's eligible for any SMC - he still has some sight in both eyes, although not enough to drive or anything that he needs his vision for reliably. I'm both excited that we finally heard something, and terrified that we spent all this time and we might be looking at another long time. I'm an instant gratification kinda girl - the VA and I are completely incompatible!

So, my husband's field rep from the BVA called today to say he had news on my husband's claim after 18 LONG months!! He has been rated 70% for his PTSD, but his vision claims have been deferred. I'm not sure what deferred means, and the BVA rep wasn't sure why they would do that. The PTSD is related almost exclusively to the incident that caused his eye injury, which has led him to be legally blind. He is permanently disabled, collecting Social Security. So, while I am THRILLED that we at least heard SOMETHING, I'm not sure what "deferred" for his eye issues could possibly mean. What else could they want from us? He's done C&P exams with both corneal and retinal specialists already, and we've sent a file nearly 3 inches thick with medical records from his personal corneal and retinal surgeons. So close but yet so far!! Anna