1st C & P Exam

[LOA]

Good day Hadit family,

First let me thank all of you that post on hadit, through your help I believe I was prepared for my first C & P exam.

I am still on active duty and processing my VA claim through the BBD program. I will be transitioning out of the military on 23 April 08 with 22 years of service.

Thanks to you I was armed with the exam worksheets and had everything written down. The exam seem to go well but I have a couple of joint problems-- 2 ulnar shortenings of my arm and a discetomy with an artificial disc replacement of my L4/5. My examiner was a Nurse Practictioner and she did not use a giometer (something like that) to do my ROM measurements. I tried to mention it non aggressively but she still did not do them. I did not push it because the few measurements she did on my arm I felt that she did them wrong anyways. I did not want to have the wrong measurement listed. Then I have CFS- the rating is based on the percent of disability as compared to preillness. She did ask me how it affected me in my social, occupational and personal life (mild, moderate, severe or intermittent) but did not ask me percentage wise how much the illness has hindered my life. I claimed IBS, Hypersomnelence/Narcolepsy, FMS, Gerd, sinusitis and a hysterectomy also.

I have 1 more C&P for depression due to medical conditions. Not sure how to prepare for this?

1) Anyone who has insight on the BBD program for active duty soldier, anything information/recommendations you can provide me and Hadit reader with would be greatly appreciated.

2) Should I worry about not having the ROM measurements, As she may just have estimated them or used ones that where in my SMR? If I should what can I do prior to my rating decision being made OR should I just wait and use this a evidence to rebut the claim when I get it, if needed.

3) Any insight on the Psychitrist exam, I have never seen a psych. was diagnosed with depression by my prior care doctor.

I thank you all in advance- As you have already been very helpful.

[rentalguy1]

You need to go back to the VAMC in a week or so and pick up a copy of the C&P that you just had done. See if the ROM measurements seem to be correct. If they are, let it go. If they aren't, then contact the VARO and let them know that an incomplete C&P was performed.

As far as preparing for a psych C&P, you really can't. You feel how you feel, and of course you just need to be truthful about it. That said, you could look at 38 CFR 4 to see how the ratings are figured and see where you think you fit into the schedule.

Good Luck!

[Dale Jr. 8]

I just got my Va decision a week ago. I got 10% for depression. 10 % is common. It is a good place to start. You can only go up from 10%. The criteria for depression ratings are found at 38 CFR Vol 1 Part 4 Sec 4.130. http://www.hadit.com/38CFR4_Schedule_for_Rating_Disabilities. I would wait until you get a copy of your C&P before saying anything about the ROM's. The report may very well be in your favor. Request a copy in writing from the VA and try to get before the VA rating decision. Some doc's do not use the goniometer because they have done it so much they know the ROM's. A goniometer is just a plastic ruler that has 2 pieces and hinges on one end. It has a bunch of degrees listed on it. I had a C&P back in 05 and the doc didn't use it and then when she wrote the report she said that the ROM's were normal. As a result of this C&P VA tried to reduce my comp level from 50% to 30%. I asked for a personal hearing and a week before the hearing my VSO called to say that the VA decided to leave me at 50%. DJ 8 :)

[Wings]

x

x

x

Doesn't appear the VA has written the entire M21-MR on the "benefits delivery at discharge" (BDD) claim. This is what I found. ~Wings

M21-1MR http://www.warms.vba.va.gov/M21_1MR.html

Scroll Down to Part 3 - General Claims Process

See

Section A – “General Information on Pre-Discharge Claims”

Section B – “Pre-Discharge Responsibilities”

Section C – “Pre-Discharge Appeals, VR&E and Loan Guaranty Claims”

[Wings]

x

x

x

If you don't get at least 30% SC, I would not separate or retire until I had spoken with an attorney. You can ask for a hearing . . .Just my 2 cents. ~Wings

Please review

http://www4.law.cornell.edu/uscode/10/usc_...10_A_20_II.html

AND

http://www4.law.cornell.edu/uscode/10/usc_...0_II_30_61.html

US Code, TITLE 10, Subtitle A, PART II

CHAPTER 61—RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY