COLTTEAM3

Thanks guys for the responses, I just wanted to ensure that me seeking treatment after the reduction would look bad to the rater during the appeal process. Similar to Gastone I was told the only thing I could do to alleviate the symptoms stiffness and pain would be ice and rest so that cookie provided by asknod is very positive in my opinion for the appeal. However Iast night I talked to my VA primary care provider and they did the following they sent a consultation for the physical therapy and prosthetics for an ankle brace. So when they review the decision will they be able to see in am in PT and the notes from process, or do I have to submit it to them. The PT will be taking place in the VAMC.

Berta, Thanks for the response. The Meloxicam is actually prescribed for an array of service connected disabilities, 20 percent for my back, 20 percent for my shoulder but I was told to use it as a general anti inflammatory. Before I was prescribed this I was prescribed Naproxen, in total I have been prescribed anti inflammatory for 3 years now. I have not been seen for any type of arthritis, Also it has never been ruled out.I haven’t been asked about it in any of my DR appointments or tested for it. Yes the VA originally rated me at 10 percent then reduced it to 0. However I just don’t want to seem like I’m pulling a fast one during the appeals process, and seeking medical attention for it now that it has been reduced, I thought that it may look unfavorable. As I haven’t been seeking attention for it since I received the rating in 2012. Also my VSO filed an NOD yesterday stating that I have been prescribed Meloxicam, and that I still have painful motion of the ankle and saying that when I am extensively using the ankle I wear a brace on it. I just don't know if that matters in the NOD, but she said it would help rebut the exaggerated comment in the narrative. A

'There is no recent evidence of any left ankle symptoms or treatment in your VMAC records. You reported to a va examination, you noted stiffness and pain. You also noted not having any current treatment. Upon examination, the examiner noted decreased range of motion of plantar flexion at 20 degrees and dorsiflexion at 5 degrees. However, the examiner went on to say that the decreased range of motion was exaggerated, as the examiner noted that you were able to walk on heals and toes at examination. The examiner did not note any functional impairment with repetitive motion or flare ups. No objective pain was shown on examination. No arthritis was noted. The examiner noted that your left ankle condition has resolved, and that a tiny avulsion fracture of unclear significance was noted in your medical history. The examiner stated that your range of motion deficit and weakness documented is not considered reliable as there is no record of an ankle condition for several years, no swelling or deformity was noted on exam, and weakness was inconsistent. Therefore we cannot use your decreased range of motion noted above for evaluation, and there is no objective evidence of pain noted on examination." So I have three questions. 1. Should I now go to the VA to seek medical documentation to put in my VA file, I have already initiated a NOD. Or does that not look good on my part. My VSO said it doesn't just wanting to get other opinions? 2. Can I challenge the narrative as it shows and extreme amount of biases from the "exaggerate", i didn't seek treatment for it because i was told there is not much that can be done. however the VA has me on meloxicam. 3. Should i not even bother with the appeal and just leave it at 0 and not poke the "bear" anymore than needed, as it seems to have bitten me this time. Thanks for all your help brothers and sisters

Sorry I realized this is in the wrong thread

Moved Post to Correct Thread sorry

Thanks for the input fellas, I found it extremely helpful.

My concern is very detailed. I am 50 percent service connected, 20 thoracic fractures, 10 percent left knee strain, shoulder impingement, post ankle fracture and tenititus. After speaking to my VSO I was encouraged to seek an increase for my shoulder L knee and ankle. However they also informed me I should seek a secondary for my right knee. My question is am I filtering with disaster, having the VA look into my medical file. At the C and P Exam can they find evidence to reduce my disability, I just know that it isn't a fair adjudication. Also at the exam am I to continue through out the pain or am I to alert the examiner when the onset of the pain starts? Thanks guys and gals for your service.