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Result Of C&p "less Likely Than Not"

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Quint7

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Hi All,

I went and got the copy of my C&P for knee and back that was done 10 days ago. The results are unusual. I will start by saying that I claimed an increase for my 0% knee, a claim for my back being secondary to my knee and a reopening that my back alone is SC.

My measurements were:

Knee 0-90 degrees out of 140 degrees.

Back 0-20 degrees forward out of 90 degrees, 0-5 degrees extention out of 30 degrees, 0-20 degrees right lateral flextion out of 30 degrees, left and right rotation is 0-30 degrees out of 30 degrees.

The PA that examined me mentions that I have had therapy for both problems. She also mentions that I had a MRI and that it shows DDD and Stenisis along with disc buldge.

She then states that the "spine condition is less likely as not secondary to his right knee condition. The vet has a lot of other contributing factors to his back condition, including his occupation as a firefighter. The vet's gait was normal on exam today. The MRI findings do not support spinous condition as secondary from the right knee. It is more likely from other causes."

OK, a few things:

I had the actual MRI films with me and I asked the PA to look at them, to which she said "I don't need to, I have the report here".

I have been a firefighter for 11 years. I filed originally for my back upon my end of enlistment in 1994. I also saw a chiropractor in 1998 or 99 (XRays from then show some disc damage already) which is only 1 or 2 years into my firefighting career. She made no mention of this in person or her report yet it claims she reviewed my file.

She claims there are "a lot of other contributing factors" yet other than my job, she does not mention any.

As I posted before, she had 2 huge folders that were my file with her. My exam lasted 20 minutes at most.

Any comments or suggestions?

She states that no further tests are needed.

As I see it, she did not fully review my folder, did not ask my history, automatically took my current career over my explanation that I have had this problem since I was in the service. She did mention that I have had the pain since 1992.

thanks!

jason

I can post any other info from the paperwork I received that might be relavent if I am missing something.

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  • HadIt.com Elder
Pete, I actually talked to the VA this week about seeing my file and both times I called the councilors said that "if they were me" hint... hint.... they would wait until this claim gets a decision because a request to get a copy of my file would move it from the rating board to freedom of information area or something like that. The one guy did say that as soon as I get my decision I should request a copy and that I should have it within two weeks. Both also said that my request HAD to be in writing. I think that I might request to view it in person first so that I can make notes of what is and isnt in there and THEN request a copy of the entire file.

Quint7,

I heard that same old story at my R. O. The counselors kept telling

me to wait.

I listened at first and then thought what the heck, I need to see the

file now.

After one denial of request after another, I guess one of the

counselors became ill from listening to me.

I called and told Vince, I would be down within the hour.

When I arrived, one of the ladies, said, we told you to wait as your

file is with the Rating board and it will slow down your claim.

I told them Vince said for me to come down and he would show it to me.

Guess what Dear Vince went and secured the file for me and it only

took me five minutes to ask, "Where are my Competency Review Board

Medical Records"? I had written and told the counselor to secure these

records in 1978 and with each filing.

He said, they don't exist. I said, "Boy that team of Psychiatrist

didn't think much of me if they didn't write anything down."

I also ask him to help me locate Dr. Campion, he said, " I am sure he

is deceased or retired.

Well, when I got home, I sat down with pen and paper and wrote

to The St. Louis Archives and specifically ask them to look for these

vital records.

Two weeks later, they were finally in my hands. The VA had never

requested those records which lead to my early discharge.

Now these records are " Both New and Both Material Evidence" and has

re-opened all my previous claims back to 1978.

This is just what I did and my experience. As you can tell, I am in

no way a Service Officer. Yes, I also located my treating military

doctor on my own also.

The Best to You!

Betty

Edited by Josephine
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  • HadIt.com Elder

Way to go Quint! Feels good to hook up with some old friends, don't it? Get as many of those letters as you can. Let us know what the SO says about the IVDS claim.

90%, TDIU P&T

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I actually just got home from an hour meeting with my Service Rep. The long and short of it is that he agrees with everyone here to "wait and see what the final decision is, we can go from there".

He feels I will get something for my knee, no problme, as I do too. the limited range of motion and surgery should get me at least 10% I guess.

As for the back, he looked at the C&P and said that the exam was to see if there was a connection for my knee and back. That I had a claim for an increase for the knee, back problem connected to my knee and my new claim was for BACK PAIN.

He said that the VA COULD take the C&P along with my medical records and recognize that the back pain is from IVDS and not only service connect me, but rate me only the findings of the C&P. He also said that the VA could just deny me sevice connection for the BACK PAIN and that then I need to file a new claim for the IVDS which will require a new C&P specifically for that... even though the exam will be the exact same thing. He also said that the pain radiating down my leg due to the IVDS is a seperate claim that I should file for no matter what after I get my decision back.

I showed him the picture of the crashed Amtrac (he laughed at me too) and he said to get a "buddy statement" from the guy. We can then go to my back doc, explain the crash in 1989, the backing into a bunker during the Gulf War and the injury that is in my SMR and get the doctor to explain that even though there was no complaint of pain at the time, the wrecks led to the damage to the spine that was manifested in the basketball injury. He said the big thing with IVDS is to get the doctor to give a timeline of how long it takes for the dagage I have to occur and then take that timeline and go back to show that it HAD to begin while I was in service.

He also said to hold off on sending any new documentation until after the decision because we don't know what they will do as far as SC for the back pain/IVDS and ha sending more stuff in will just delay the decision.

So there we go. I guess I have a lot of research to do on IVDS and its causes, onset and timeline, etc.

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  • HadIt.com Elder

I found many good articles on IVDS and spinal stenosis when I was gathering my evidence. I'll get a couple of links together and post them here after while. I have some work issues to clear up first, though.

90%, TDIU P&T

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Rentalguy, that would be awesome! Thanks a million! I'm gonna take all of my old pictures into work tonight and start sorting through them to see if any of them can help my claim and to make copies of to send to my buddy in Illinois.

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