Ryguy

Ok thanks so much John, I definitely had my IMO letter in on time, and I also had my VCAA response letter back into the VA before the exam results were sent to teh review officer So this gives me somewhat of a relief, becuz this has me stressed out. Also at what point would you obtain an attorney if denied, i've been waiting on this claim since 2006, it was denied once, and this is my appeal i'm going through now. Would your next step be an attorney???

Ok, so should i make an big stink issue out of this before a decision is made by the review officer about having the same doctor do the examination? Or would it just be best to sit and wait where they come back and say, i'm just trying to catch all these errors before a decision is made as i've waited since 2007 on this claim, And where can I find out more information on benefit of doubt?? Thanks so much for your assistance

Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

Ok thanks Berta, could you let me know you post the information about the CUE of the VA, I just have to get my mind mentally prepared in the event this appeal case is denied. I know everything is on a time restraint once you get that decision, So with this if i'm denied, you would only request a reconsideration if I have new evidence right?

Today I got my c and p exam report, this exam was for an appeal for cervical and spine issues, I already received disablity for lumbar back issues. OK, it says that i'm noted to have DJD cervical spine (2008), and right arm sensory neuropathy was diagnosed in (2011). He took the range of motion notes from a previous exam that I had 2 months ago for adaptive special housing assistance. Then in his remarks it says. Opinion it is less likely than not that the veteran's neck dondition is related to his service connected lumbar strain. No medical evidence exists that indicates that lumbar strain causes DJD of the cervical spine. It is less likely than not that his current neck pain noted in 2008 is related to the in service Motor vehicle accident. He was not complaining of or treated for neck pain while in the service. It is unlikely that neck pain manifested 8 years after the in service accident could be a residua of the accident. So i'm like WOW, this isn't good, although I have a battle buddy statement noting my complaints to the doctor about neck pain and I also submitted my doctors medical opinion saying that it is more likely than not , that my issues were caused from this accident. Does this sound like i could lose this case big time or what? Any ideas would be appreciated.

Well i had my appeal c and p exam. The doctor called me in, and he just said "yessssss, i see you have some neck and upper back issues, that can be very painful", i said yes. After this, I reminded him that I had an appt with him in the past, and he said he didn't remember me, but he looked in the computer system and quickly noted that he did do my exam in 2008, I explained to him that his last decision said there were no notes/evidence in my military record in regards to the neck injuiries, he looked suprised and he said why is that, i told him because I was discharged within 2 months of the injury date. He said OK, he said the rater really wanted to know what accident made my condition worsten, that I was involved in March 2003, I told him I was never involved in an accident in 2003, the accident in the military occured March 2001. He noted this, I really didn't even have to do any major neck range of motion movements. He said the real thing was the rater wanted to know was why a physician assistant notes said I was in an additional accident in 2003. I called my VSO immediately and asked about what i should do if the rater is asking about a March 2003 accident, which is incorrect, she simply told me to rush and fax her a statement saying that I was not in an accident in march of 2003, and was only involved in one on March 2001. She said it could have simply been a typo by the physican assistant. I did fax this over to the VSO, and now i'm awaiting the Review Officers decision. Overall I think the exam went well, as in the past when I had an exam with this physician, he was kinda cold and put me through all sorts of hoops, such as stripping down to my underwear, so he could see how i walked with my back and neck injury. I thought this was over the top for an exam, but i complied and was granted the disability I was due in the past. So now i'll just wait and see what happens with this appeal which dates back from 2006. Any ideas or comments on this situation?

Thanks a lot Sharon, I will definitely do exactly what you recommend.

Thanks a lot Pete. By reminding him of his opinion a few years ago, wouldn't that piss him off? or will that work in my favor by reminding him of this?

Finally, I had an appointment for a C&P EXAM for my upper back and neck condition appeal. The crazy thing is, I have the appeal appointment with the same doctor who originally said in his statement "He feels it is more not likely that this injury happened in the military becuz he never saw anything in in my medical records white in service. Although this accident I was in happened 4 months prior to my getting out of the military. I now have a battle buddy statement supporting the knowledge of my neck and upper back condition and i have two statements IMO from my VA primary care physician. Do you all think this is enough evidence to submit with my VCAA response or should I try digging up more information just to ensure my appeal goes through. This doctor was older and was nice but reading his notes, i just dont want him saying the same thing, he said in the past..

hey i was wondering how many days did it take before your exam report was ready to be picked up? I called and the medical records person keeps telling me its awaiting a signature and its not ready yet..... You know i'm freaking out over every minute because i'm anxious to see what the report says. Its only been two days but i would have expected it to be done by now.

No they said it was a claim for increase of the current service connected disability

Hey thanks for the insight, I never asked for an increase or anything to be absolutely honest, i'm thankful that they did seek me to see if the condition has worsten, because it actually has, i honestly was going to do a claim for increase after i figured out what the decision was going to be after my appeal with the decision review officer. So this was my next plan of action would be see what happens with all of this. I just didnt want to put in any new claims as I didn't want anything else to bother my appeal i'm currently dealing with. I've been waiting on my appeal since 2007, and my docket number has just came up, so its all ready to be reviewed. Thanks again for the insight. I called today to get a copy of my c&p exam, but the medical records personnel said it was awaiting a signature.

Thanks Kelly, I will definitely do some research on this issue and see where it all goes. Thanks for the insight.

Yeah, i was just basing my feelings off some of the stuff that she said during the exam, I didn't want to hover over here while she took the time to write my notes, as she said she was in need of a break, So i just wanted to let her know that I would pick up a copy of the examp report later on in the week, that way it did show her that I was very concerned with what she wrote within my notes, but the whole situation was a bit awkward, as she was rude but then started being nice to me later on during the exam.

Ok, so I'm back from my C&P Exam. The physician assistant calls me in, and she wants descriptive details of the issues that i experience with my service connected disability. She then tells me that it seems my left foot is worst than my right foot, but she's dumbfounded as tooo why i'm experiencing so much pain, she said maybe I have some sort of pain illness. I was like OK. She was very opinionated throughout the whole exam, then she moves on to evaluate my back (mind you, i'm trying to maintain my coolness as she has my life at stake here), She did the different flexions and makes her little comments on how my forward flexion is bad, it seems the more nicer I was to her, the more pleasant she got, after 1 hour of evaluating and her documenting the different flexions, she wanted to know why my doctor notes didn't make mention of my feet issues on my last few visits, I told her the doctor gave me pain meds for both issues, she said ok, Then she huffed and puffed about the new exam worksheets, and how much she hated them, and how she needed a break. Then she said, ok, your done, I'm just going to sit here and write notes for your exam, and she told me I was welcomed to sit there while she wrote the notes. I told her I would just pick up a copy of the notes after a few days from the VA's Medical Record Department, She said ok, have a great day, I thanked her for her time and told her I appreciated her listening to the symptoms I experienced, I have mixed feelings about the claim for increase, I did tell her I had no idea how this was requested but I just showed up for the appoitnment, she said, she said she was going to notate this is the notes, about my unawareness of why the appointment was for. she went on to say THE VA is unorganized and it sounds like something the va would do, of not letting me be informed as to what the appointment was for I smiled, and walked out. Isn't that wild and weird. I just hope this helps my claim, its just awkward that this claim came about and I not once requested this. What do you think?

Ok, so I'm back from my C&P Exam. The physician assistant calls me in, and she wants descriptive details of the issues that i experience with my service connected disability. She then tells me that it seems my left foot is worst than my right foot, but she's dumbfounded as tooo why i'm experiencing so much pain, she said maybe I have some sort of pain illness. I was like OK. She was very opinionated throughout the whole exam, then she moves on to evaluate my back (mind you, i'm trying to maintain my coolness as she has my life at stake here), She did the different flexions and makes her little comments on how my forward flexion is bad, it seemed the more nicer I was to her, the more pleasant she got, after 1 hour of evaluating and her documenting the different flexions, she wanted to know why my doctor notes didn't make mention of my feet issues on my last few visits, I told her the doctor gave me pain meds for both issues, she said ok, Then she huffed and puffed about the new exam worksheets, and how much she hated them, and how she needed a break. Then she said, ok, your done, I'm just going to sit here and write notes for your exam, and she told me I was welcomed to sit there while she wrote the notes. I told her I would just pick up a copy of the notes after a few days from the VA's Medical Record Department, She said ok, have a great day, I thanked her for her time and told her I appreciated her listening to the symptoms I experienced, I have mixed feelings about the claim for increase, I did tell her I had no idea how this was requested but I just showed up for the appoitnment, she said, "THE VA is unorganized and it sounds like something the va would do. I smiled, and walked out. Isn't that wild and weird. I just hope this helps my claim, its just awkward that this claim came about and I not once requested this. What do you think?

Ok, thanks for the tips, I dont have anyone to go with me, as everyone is working that time of day, but I should be ok. The drive isn't that far and I always show respect to the doctors, I just try to remain calm and let them know how my health is concerning the issue, and in the past its always gotten positive results. I'm seeing a Physician Assistant, so this should be very interesting.. Thanks

Wow, I hope that this works out in your favor, and that the increase is granted. I think i'm falling into the same category, I am going in the morning for my C and P Examination with a Physician Assistant, I dont know what to make of this either, I didn't request this increase, but you really scared me after reading your post. I'll most definitely let you know how my appointment goes in the morning. I have two appointments, and i'm not feeling all that great, so my patience will be very much on edge if they are wasting my time.

You are absolutely right, this could be a way of not paying me the retro i'm owed. My retro would have to go back to the original claim date of March of 2006. That would be a lot of retro owed, and I know I have all my statements and IMO's in order to win the appeal. At what point would you consider getting an attorney?? I have thought about obtaining one if my appeal didn't go through this time with the review officer. Thanks for bringing this point up too me, it will definitely keep my eyes open.

I have kinda the same simliar situation going on, i'm in the middle of an appeal with a Review Officer for cervical and upperback issues which are secondary to lower back issues. I received a letter for a c and p appointment thinking its for my upper back when in fact its for things i'm already service connected for. I spoke to the c and p clinic and the rep. told me that the appointment was for a claim for increase. This really puzzled me because I never put in a claim for increase, I've only put in a claim for an appeal. I dont know what is going on, but it doesn't really make sense to me, Any insight will be greatly appreciated.

I received a letter a few days ago from VA stating "We have scheduled you for an appointment. This appt is needed to process your claim for compensation or pension beneifts, as a result of your military service. The VBA requires this medical exam. I assumed at first it was for my pending appeal on my cervical issues, but when i called the c&p clinic to ask what this appointment was for, the clinic coordinator told me it was for a claim for increase on things i'm already receiving service connected disability for, which are my feet, ankle, and lumbar issues. I never have put in a claim for an increase. Is this odd or normal that they would request an exam for an increase on things i'm service connected already for??? I follow up on these service connected issues all the time with my current physican. Or is this a re-evaulation?? Please help. I'm confused

I have an IMO from my primary care physican which is at the va. i've included this in my file, the progress notes say that my cervical and upperback probelms are sequalae of the moter vehicle accident I was in, and that he recommended me to go the BVA to get assistace with this issue. I also will be taking a copy of this to my exam just to ensure its in my file.

Finally after my original filing of this claim in 2006, and appealing the Va's decision in 2009, I finally am scheduled for my C&P EXAM. I received a letter stating that I am having my exam with a Physician Assistant. I'm a little worried about this, but from reading on other forums, I see that many people have PA's conduct their C&P Exam. Im having serious issues with my cervical, arm and upper back, I am already service connected for my lower back. My doctor at VA has already wrote a letter saying that this issue is resulting from the accident I was involved in while in the military. Does anyone know what a cervical exam consist of? Just was wondering, Also what is everyone's opinion of a PA conducting this appointment. Thanks

Dubious means questionable right? I have no real choice of the matter do I, I just received the letter that states I have the appointment with a PA

Thanks so much for those tips. I have been dealing with this appeal with since 2007, I appealed it and asked for a Review Officer to make a decision as my VA REP said this was the best route to go. I just getting really anxious to know that the ball is actually rolling. Thanks again