Had C&p This Week

[AB2WK]

I had a c&p this week and the doc asked me if my back injury is 80% of my disability. I was lowballed with a 20% rating last year for degenerative disk disease. I applied for voc rehab and they told me I was unemployable and put me in the independent living program. I also have ms but I'm not service connected for it. In the last decision they claimed ms was the problem, not my back. At this exam he hardly mentioned ms and at the end he said " is your back injury 80% of your disability?" I told him yes. He then said "how about 70%" So I told him between 70 and 80. He shook his head yes and started typing and sent me to my next appt with a neurologist. She did a quick check of my reflexes and said she was giving me radialculpathy and leg drop for my left leg and said I should get paid for having to wear an ankle brace and using a cane. She then said my claim will only take a couple of weeks to finish and told me to stop worrying about it. My question is - can a dr give me 70% and how do they know it will be done in a couple of weeks? I was never treated so good like that before

Edited May 19, 2007 by AB2WK

[jbasser]

AB2WK, this post is a good reference post for Hadit.

Keep us informed as to the results of your C@P exam when you get a copy. I have a question, did the Doctor have a copy of the Rating criteria on hand, I know some Examiners and a lot of them do.

Contrary to differential postings, VA doctors do carry more weight than suggested. It depends on how they write up the Examination.

I would like to follow this thread for It enables us to see the workings of Rating officials and Doctor opinions.

In retrospect, I wonder how many rating officials go against a MD on a favorable opinion.

Then how many rating officials go against a MD when delivering an unfavorable opinion. I am willing to bet that the unfavorable opinions meet alomost 0 resistance. It should be about even but I would like to see the numbers.

Please keep us posted.

[Berta]

MS Multiple sclerosis is service connectable by presumption under 38 USC 1112 if there is showing of a chronic disease (list of them in the regs) during service or within the presumptive period for the disease.

multiple sclerosis has a seven year period after service in which- if manifested to a degree of 10% or more ,the MS can be service connected.

Also Presumptive chronic diseases that preexist service can also be presumptively service connected under the theory of aggravation of a pre-existing if they increase in disabling affects during service.(Splane V West and 38 CFR 3.307 amended in Nov 2002)

Your neuro doc is on the ball- if that first date was when you were discharged.

Edited May 20, 2007 by Berta

[AB2WK]

jbasser, I'll post the decision as soon as I get it. Hopefully it will help someone when all seems lost.

Berta, I was discharged in '77 so she is looking at the 7 yr presumption. I wish I lived closer to Buffalo so I could have her as my neuro. I'm still searching through files for a way to link it.

[AB2WK]

Update: On August 31st I was increased from 20 to 40%. They gave me 3 months back pay and told me to wait until they finish rating my claim for secondary conditions before they straighten out back pay issues. They owe me back to my initial claim from 2002. My VA dr wrote them and told them I was unemployable, voc rehab also sent a letter that I was unemployable and informed them the federal govt won't even hire me! I was told I would have my rating in 2 to 4 weeks. Here we are almost 2 months later and no word from the VA. We are about to lose our car and be evicted from our home, my service rep put in for a hardship and still nothing. I haven't had an internet connection since August-it was shut off for nonpayment. My wife managed to get one from a different company until thier bill comes...... I applied for dependaent pay for my wife and kids in Sept and still nothing done. I'm so disgusted with these people that I contacted some local tv stations and newspaper in the Buffalo area. 1 tv news reporter called and wanted to know what was happening I told her and she couldn't believe what was going on. She said if my car gets repo'd or I get an eviction notice she'll set up an interview with me for broadcast. She sounded sincere so we'll see. My c&p was 6 months ago and I'm still waiting...........I figured I would update this thread and let you know what's going on. It's nice to be on the internet again.

[jbasser]

By all mneans man send this information to the RO asap. Explain that you are losing your car and possibly your house. Hopefully the retro is enough to allow you to survive this time around.

If that does not work, call your local congressman. Ask for emergency help. If a claim has been decided and they are delaying for some reason that is not Kosher. Let them decide the other issues later.

Hang in there. Be persistant and firm. Its your money they are holding. Not theirs.

[AB2WK]

I finally received the decision today. I was awarded 30% for radioculpathy for my left leg.They wouldn't give me anything for using a cane or wearing a brace because they said I wear that because of MS and not because of my back injury. I was also denied for aid and attendance because I didn't respond to some form they say they sent me on Dec 28 which I never received. They never sent a form in Dec because my file was in Washington for a star review according to thier own records. My rating is now 40% for degenerative disk disease and 30% for the secondary for a total of 60%. Are there any lawyers who represent vets in the Buffalo area?