Just Got A Copy Of My Ortho C&p............

[LarryJ]

And, if any of ya STILL think that they are "there for you".....then I gotta a bridge I wanna sell ya!

How many times have y'all seen in BVA decisions, for example, where a vet got turned down on a claim of secondary connection from their RO for, say, lower back or knee or hip arthritis caused by "antalgic gait" due to a service connected ankle, foot, pes planus, etc., where the BVA either corrects it or remands it to the RO to correct it.

Happens all the time.

Just happened to me.

I'll quote from the examiner's opinion:

First of all:

REASON FOR EXAMINATION:

The veteran is claiming new service-connected disability for bilateral hip, bilateral knee and lumbar spine conditions secondary to service-connected left ankle condition.

"EFFECT ON EMPLOYMENT AND ACTIVITIES OF DAILY LIVING"

"The veteran is retired since 2002."

(RETIRED! Sure, I'm living the "Life of Riley", the "Good Life", you know, Summers in The South of France, Winters in ASPEN! Thanks to my $225 a month.

I HAVE NOT BEEN ABLE TO WORK SINCE BEFORE 2002!)

Secondly:

ASSITIVE DEVICES:

The veteran uses a left ankle AFO and a cane and a rolling walker.

(all prescribed and furnished by the VA)

PHYSICAL EXAMINATION GENERAL:

Tall, mildly obese, elderly Caucasian male who walks slowly and deliberately with an antalgic gait favoring the left with the assistance of a wheeled walker. He has a cane that he uses for transferss from chair to the examining table.

(then he goes into the goniometer measurements, the radiology reports, etc.)

ASSESSMENT:

1. Bilateral hip degenerative joint disease.

2. Bilateral knee degenerative joint disease.

3. Lumbar spine degenerative disc and joint disease.

OPINION:

1. It is less than likely the veteran's lumbar spine condition is related to his servic-connected left ankle condition.

2. It is less than likely.........bilateral hip condition....

3. It is less than likely.........bilateral knee condition...

RATIONALE:

1. Review of orthopedic literature reveals no credible, peer review studies that support the contention that postraumatic degenerative changes of one joint may induce degerative changes in another joint either of the effected or contralateral extremity or spine.

2. It is more than likely his current bilateral knee, hip and lumbar spine conditions and symptoms arre related to chronic changes as result of aging and a genetic predisposition for osteoarthritic conditions.

My question:

Should I simply write a "statement in support of claim" to the Waco, TX, VARO and tell them that they, themselves, have been remanded and reversed and made corrections and awards numerous times on this self-same questionable diagnosis. Then list the cases that have come before the BVA, IDENTICAL cases. Then quote and list the available medical literature vis a vis this medical sequale.

Then, at the end of my little statement, in closing, just because I'm PO'd and I'm an ass, enquire as to where, in fact, this examiner got the genetic samples whereby he determined that I have, in fact, "a genetic predisposition for osteoarthritic conditions".

Or, do I have to take money out of my $225 a month "vacation fund" to get an IMO?

Thank you, Thank you very much for coming out.....you can catch LarryJ's next appearance at the Dew Drop Inn on November 15th.........(I'm about to run OUT of humor, as you can probably tell)!

[10thFO]

Larry, file a De Novo Review. In your review tell them you have new evidence. Just write your SSOC telling them how your knee hip and back have become affected. Don't do it like a smartarse, it will just go over their head believe me. Take every BVA remand on cases similar to yours and document it and list them in bullet style. I listed the regs out of there books, and I also listed laws and rules, and I also listed Case Studies, and BVA hearings. It is significant evidence in your favor, and by showing them you know how to research these cases and more importantly find stuff that is relevant to your case, they will realize you are not someone that is going to be swept under a rug.

My father in law was a judge, and I showed him my DENOVO REview request I had written up. I had 6 pages of Case law and evidence. The evidence was really no more than I had already submitted. Just highlighted a few things. My FIL was very impressed and told me that I would win in his court. Told me his theory was sometimes if you throw enough shit on the wall, some of it will stick.

When they received my DNR request, they called up my POA and asked them what I wanted. He (DAV) didn't even know I had filed it, he had told me not to file it, which would have cost me 20K in backpay. The Review Officer said what is Mr. >>>>>> Looking for. Asked if I would be happy with 70% and IU. The POA said yes. I of course was pissed they didn't look at my injuries that I had put in for that had gotten worse.

The case was returned pretty quickly though. You don't need to tell them it will be remanded. Just use all the evidence from those cases to fortify yours. They will more than likely see the light.

[Berta]

VA doctors who judge our claims are in a direction conflict of interest situation and we cannot do anything about it-

It would never fly in a real court of law to be the defense complaintant and then be judged by the defenses witnesses or doctors-and their word would be final.

I actually believe that when a VA doctor does a C & P that an IMO doctor can fully knock down the C & P doctor has committed negligence-but there is no way to pursue a faulty C & P on that basis.

A strong IMO is an investment easily recovered by a few comp checks that the vet might never get without the IMO.

I think it is an outrage that a vet has to spend money to prove how disabled they are by service- but more I more it seems to be the only way to combat these lousy C & P exams.

There are claims like yours at the BVA web site that certainly can show how a severe ankle issue can cause additional disabilities- but the VA will say these claims are not specific to you and your disabilities and the BVA cases might well be ignored.Still use them if you think you should-

A strong IMO however that supports your claim should render an award of Benefit of Doubt.

One lousy VA C & P opine plus one strong IMO from a real doctor equals Benefit of Doubt.

Make sure the doctor follows the IMO criteria here and knocks down this lousy C & P report step by step with full medical rationale.

If VA just fired all the C & P doctors they would have more then enough money to pay for the private IMOs that they themselves force vets to get.

[Pete53]

I recommend that any Veteran who is going to the VA start with the Doc's that are treating them. Many know how the VA does and are sympathetic. Failing that Larry I might suggest contacting a Legal Firm that might offer you a referral to Docs who do opinions for SS as its pretty much the same. Offer to make regular payments until you get more money from the VA.

Believe it or not many of us have been the same place you are. For almost 5 years I got 300 a month for 30%. I paid my 350 dollar IMO out over 3 months.

Good Luck to you.

[LarryJ]

Good advice from y'all.

Ya know, I'm just sitting here, reading my C&P exam over once again. I'll post the pertinent far...I mean, part, again:

"RATIONALE:

1. Review of orthopedic literature reveals no credible, peer review studies that support the contention that postraumatic degenerative changes of one joint may induce degerative changes in another joint either of the effected or contralateral extremity or spine.

2. It is more than likely his current bilateral knee, hip and lumbar spine conditions and symptoms arre related to chronic changes as result of aging and a genetic predisposition for osteoarthritic conditions."

I kept reading his item #1. Heck, I agree with him. But I never claimed that the arthritis in my left ankle caused the arthritis in my other joints. I AIN'T that stupid!

I claim that the way I have to walk, because of the arthritis of my left ankle, causes my problems with my other joints, not the fact that I have arthritis that directly causes OTHER arthritis!

For example, my claim for my lower back:

Disability Claim

CSS ***-**-****

To:

Veterans Affairs Regional Office

1 Veterans Plaza

701 Clay Avenue

Waco, TX 76799

From:

LarryJ

Date:

04/06/2007

Dear Sir or Madam:

Please consider this as a claim for disability concerning my lower back, which is causing me pain and the inability to sit or stand for any length of time. It also keeps me from bending or flexing my back and interferes with daily activities.

The cause of this problem is connected with the way I must walk due to my service connected left ankle disability.

Respectfully,

LarryJ

***-**-****