C&p Results

[yoggie2]

Hello all hope you had a great X-mas. I got my C&P results and its like trying to dicier crypt text? They acted nice just to piss down my back and told me it was raining. My wife went with me and was shocked to read it and and stated it was all yes and no, no medical opinions at all. And to see mild, and moderate used as if just a sore pinkie finger. I have server back and leg problems and presently at 40%. I don't know about you guys but when I use the words mild and moderate it is usually to describe things that don't really matter. I describe my pain , is being severe and constantly Not one eval on reflexes or tested and have reflexes as being normal??? As I stated in my last post about this C&P she(Dr.) didn't perform any test for reflexes and stated I was in limits no problems. I had 2 extensive test done by SSA and was found to have nerve damage in left leg and this was Doctor a real Doctor. I really don't see the positive here maybe I am being to critical but the one I got 14 years ago look to be more complete.....Thanks Rich

[jbasser]

Hey Yoggie, Great tribute to the Late Jim Varney. He was from my neck of the woods.

I know med reports are confusing as the Docs speak a diffrent lingo.

If you dont care to make a copy, white out your personal info, I can have it translated for you.

If you need my assistance, shoot me a message. I have done this for others in the past.

J

[Josephine]

Hey Yoggie, Great tribute to the Late Jim Varney. He was from my neck of the woods.

I know med reports are confusing as the Docs speak a diffrent lingo.

If you dont care to make a copy, white out your personal info, I can have it translated for you.

If you need my assistance, shoot me a message. I have done this for others in the past.

J

John,

When you posted for me to send you my Statement of the Case, many light years ago, you sure started me in the right direction and I haven't quit since then.

I will always remember your kindness.

Always,

Josepine

(Betty)

[Berta]

"I had 2 extensive test done by SSA and was found to have nerve damage in left leg and this was Doctor a real Doctor. I really don't see the positive here maybe I am being to critical but the one I got 14 years ago look to be more complete.....Thanks Rich"

Does VA know about the SSA tests?

SSA medical reports are-in essense- an independent medical opinion.

[yoggie2]

"I had 2 extensive test done by SSA and was found to have nerve damage in left leg and this was Doctor a real Doctor. I really don't see the positive here maybe I am being to critical but the one I got 14 years ago look to be more complete.....Thanks Rich"

Does VA know about the SSA tests?

SSA medical reports are-in essense- an independent medical opinion.

Yes I included it in my C-file, both test. Took it with me to C&P didn't even want to see it. I knew this C&P was way to easy and she was way to nice. After leaving the VA I felt positive and was thinking this bad things I hear happens to other people, after reading this C&P it happens to us all. I think my wife was more shocked than me, she couldn't have had been more shocked than if she walked into our kitchen and seen a Rhino running a poker game at our table. Rich

[rentalguy1]

You need to send the VARO a letter right now, protesting the exam. If it is a spine exam, and she did not follow the exam sheet to the letter (i.e. ROM's with a goniometer and stated in degrees, rounded to the nearest 5; ALL specified reflex tests; all specified questions on the exam sheet), then you have an inadequate exam. The rater CANNOT rate you on an inadequate exam. They do all the time, but they are not suppossed to. Send them a letter stating the definicies of the exam today. Send it ceritfied mail, return receipt requested. Demand to have another exam done in a proper manner this time. That way they know you won't put up with this bs. Then, find the spine exam worksheet on hadit, print it off, and take it into the next exam with you. If the DR.(haha...more like P.A. or F.N.P.) strays from it, let them know about it right then.

[Capt.]

First, I am asking a question as well as maybe putting forth this statement. Wouldn't you want to file a CUE on this and then have your SSOC 21-4138 with it. In this you not only show a CRITICAL , Clear Unmistakeable error, but also you cover that base and the SSOC with the facts you said. I will say that I too have had many Doctors that have examined me and I have offered them to review the extra files or reports and they will not look at them in almost EVERY case.This should tell you and all vets that there is some guidelines the VA wants these contract doctors or Va doctors to follow. And that in itself is your main complaint. How can a doctor make a statement/nexus without the COMPLETE record and history of your case? I and most all other Vets here at Hadit, am fighting this same mentality, if you chose to call it that, and I think it is also important to make sure that you document everything they do , but even more important, DOCUMENT what they DID NOT DO. Whether it is the actual test, or NOT REVIEWING the medical records or documents that you supplied. I also keep a diary fresh from the day while my feeble brain is still storing that. This can always be brought up in the APPEALS process but even more important it is brought up to the VARO, BEFORE it goes to the DRO or APPEALS process. I am already planning for the appeals process though I have not received SC (yet) or any schedular rating for the list of diseases I am battling. This is one way to bring it to the attention of the next level of the process. You (and I) as well as most vets, will probably be remanded at some point, by the BVA , back then to the RO as many cases I have reviewed keep doing. It seems to be the VA tactic that is proven. SOOOOOOOooooooo, I would CUE with the reasons why, attaching the SSOC with the listed documents you took to this doctor, Rn or whatever this persons rank was and be very specific about this. QUOTE the laws in your replys. Some of them are here now for you. I would also look at getting an INDEPENDENT MEDICAL OPINION (IMO) to put it back in their court. Make sure that IMO reviews the material. It will cost some money but adds much to tilt those scales of evidence in your favor. As rentalguy said, get it to the VARO as fast as you can. Remember that all of this gets to court one day and the more you can show that the VA is in violation and mishandled "their" law, you will tilt those with the benefit of a doubt rule, CFR 38.3.102. Please list this also. You also will comply with their own VCAA rule/law by assisting them. Point that out also. Quartuccio v Principi,16 Vet.App.183 (2002) 38U.S.C.A. 5103(a) (West 2002 & Supp.2005); 38CFR 3.159 (:D (2005). VA is required to notify the claimant and his or her representative, if any of any information, and any medical or lay evidence, that is necessary to substatiate the claim. Proper VCAA notice must inform the claimant of any information and evidence NOT OF RECORD(1) that is necessary to substantiate the claim: (2) that VA will seek to provide; and (3) that the CLAIMANT IS EXPECTED TO PROVIDE ANY EVIDENCE in his or her possession that pertains to the claim, in accordance with 38 CFR 3.159( (1). THIS IS WHAT EVERY VETERAN needs to remind the COURTS,that the VARO is in either compliance or VIOLATION which seems to be the majority of the time. REMEMBER THAT besides the Benefit of a Doubt Rule, CFR 38.3.102 and Preponderance of Evidence whereas "a veteran need only demonstrate that there is an approximate balance of positive and negative evidence' in order to prevail" means the veteran should prevail if you have supplied or that you ATTEMPTED to supply the evidence. If they refuse to accept the evidence or to read it then this is powerful before the court in you favor obviously. To DENY a claim on its merits, the preponderance of the evidence must be against the claim. Alemany V. Brown, 9 Vet. App. 518,519 (1996) citing Gilbert, supra. I am also using this when my time comes up for their games. It is the battleplan and unfortunately they use these same rules against you,us, but you can use them also to PREVAIL. By starting this now at the lower levels , the VARO will know that they are now bound by law that YOU have pointed out in the CUE and following SSOC. Once that is recorded, it is in your C-File and then will follow all the way thru your battles in the courts.It may be that because of what you quoted in the courts records and cases, and laws 38CFR's, might just keep it from going to court and get you a FASTER, more FAVORABLE decision. Keeping you out of the "LOGJAM" of the appeals process. Hey , I am sorry , but this got me so coiled up when I read it , I was striking and rattling at anything that went by. I also am running into the same thing with Doctor after Doctor not wanting to look at the reports and evidence. Giving wrong or misdianosing opinions. I am also considering the 1151 and a Federal TORT suit which I will keep everyone posted on as time goes on and the VA continues down its illegal trail of deception and denials. This is something that you and other Vets may consider at a latter date if you are harmed by their ignorance. PATIENCE < PATIENCE < PATIENCE= VICTORY. Once again , sorry for the long post , and thanks TO EVERYONE at Hadit for helping me have "alittle knowledge" so that I too can fight the VA or maybe help someone else. Don't give up YOGGIE, Churchill said ,,,,NEVER, NEVER, NEVER. Make the VARO look like they don't know what their doing to the Courts. That way you become the good guy in the Courts eyes and the VA might even get some warnings if this can happen enough. That could also lead to some change. We all agree we need that at the VA. God Bless, Happy New Year......C.C.