Quick Question About C&p Exam

[BMCS00]

Hi all, I'm new to this board. I have found that I don't know as much as I thought about this process ...

I had a C&P exam last year for DDD rating upgrade. The doc apparently did not go by the 'checklist', as a lot of things on the checklist did not occur at my C&P exam.

When I do my appeal, can I request a different doctor than the one I had last time? If I use a civilian doctor in advance of the appeal, should I take the checklist with me and have him/her fill it out for me? I'm not really sure what direction to go here, any advice is appreciated.

Thanks,

--Jim

Life is good!

[olenavygoat]

Hello and welcome! You'll find a great deal of knowledgeable folks as you can typically see by their ranking and membership title. There is also a wonderful research segment you'll wish to peruse.

Your absolute best bet is to print off the C & P exam and have a physician (specialist is best) to perform it if you can at all afford it. It ticks the VA raters off because it's nearly impossible for them to refute an Independant Medical Opinion (IMO). You may wish to elude to the fact that you are trying to create a nexus linking your service connected injury to service, "so the VA will help you". I'd be careful not to offer up any info. about ratings, compensation and such, they may be more willing to reach the conclusion you seek. Do make sure you review the requirements for what you're trying to get rated and pay close attention to percentage requirements. You may need to do a titch of leading around the barn.

I would certainly submit a notice of disagreement if it's within a year of your C & P to preserve your original file date. If it's past the 12 months then you have to prove they committed the error which is you against a VA doctor, hmmmmmm, who'll win that one?

Good luck and I'm certain others will have more to add in your quest for what is right. The biggest thing, it's gonna take some time. So make sure you hang in there and don't miss any dates for sending information to the DVA or they'll shut you down and you'll need to bring even more evidence to the table.

[Berta]

Jim -Welcome aboard-

learning how the VA handles claims is always a work in process-

I am concerned here-

"I had a C&P exam last year for DDD rating upgrade"

Did they deny based on the C & P and did you file a NOD (Notice of Disagreement) in time?

This DDD BVa case might help you- as to the diagnostic codes and the way they rate DDD.

http://www.va.gov/vetapp07/files2/0711363.txt

Medical evidence has to fit into the criteria of each % rating level in order to award higher rating.

A civlian medical opinion could help you greatly here- I do not advise any private doctor using the VA's actual blank C & P form-you dont need a nexus statement or anything-

all they need to do is basically state medical findings that the C & P exam calls for and then make a strong statement that the SC disability has increased in its severity and give their medical rationale for that.

Edited January 4, 2008 by Berta

[BMCS00]

Jim -Welcome aboard-

Thanks!

learning how the VA handles claims is always a work in process-ain't that the truth!

I am concerned here-

"I had a C&P exam last year for DDD rating upgrade"

Did they deny based on the C & P and did you file a NOD (Notice of Disagreement) in time?

Yes, the denial was based on the C & P. I have until June for the NOD, and I'm lining my ducks up now.

A civlian medical opinion could help you greatly here- I do not advise any private doctor using the VA's actual blank C & P form-you dont need a nexus statement or anything - all they need to do is basically state medical findings that the C & P exam calls for and then make a strong statement that the SC disability has increased in its severity and give their medical rationale for that.

That makes sense. I will have to check into that.

Hi Berta, thank-you for your thoughts. My responses are in boldface. I have picked up on a lot of information on this site, there seems to be a lot of experienced vets posting here. There are a couple of other sites that are very good too.

I'll be back and keep the forum posted on my progress.

--Jim

Life is good!

[Pete53]

Jim:

Welcome to Hadit and good luck with your claim.

[allan]

Hello Jim,

welcome to hadit.com!

in addition to the good advice Berta gives. I would like to add that I found it difficult living in a rural area to find a specialist that would follow the VA's guidelines. Several thought I was trying to do something illegal by requesting an IMO.

The VA will generally use an internal medicine MD for examinations and opinions. They often use paid medical consultants they have on staff at the VAMC or a local medical consultant.

I tried to go through local universities for someone who specialized in spinal disorders like DDD, DJD and neumuscular disorders.

Logged on hadit one day and read this discussion about a specialist in Washington DC that provides an evaluation of your records and an IMO. His name was Dr Craig Bash.

My claim is still pending, but Dr Bash's therough evaluation of my medical records and IMO will win my claim one of these days.

You can save yourself a great deal of time by seeking an IMO from Dr Bash. There are others, but the main thing is you need to get one the DVA can't get around. Dr Bash is also a court certified MD. He often privides medical opinions for the Board and Court of veterans appeals. He's one of the best in the country in my opinion.

Good luck. It's a hard road to travel.

Allan

****************************************************************

Hi all, I'm new to this board. I have found that I don't know as much as I thought about this process ...

I had a C&P exam last year for DDD rating upgrade. The doc apparently did not go by the 'checklist', as a lot of things on the checklist did not occur at my C&P exam.

When I do my appeal, can I request a different doctor than the one I had last time? If I use a civilian doctor in advance of the appeal, should I take the checklist with me and have him/her fill it out for me? I'm not really sure what direction to go here, any advice is appreciated.

Thanks,

--Jim