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C&p Doctor Comments Ignored


KennyJ

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I am currently awaiting an appeal for higher % on my left knee osteo arthritis disability and TDIU. I have obtained a copy of the C&P exam February 2004. I was awarded 20% but in the opionions section the Doctor stated I couldn't do my usual occupation because of the pain and arthritis in my left knee. He also stated that I also can't do my usual household duties as before. I currently only receive 20% but have several secondary conditions on file awaiting action. He clearly stated that I was in pain when I did leg flexions for him but there is no mention of pain in the Decision. Should the VA have considered the pain and the statement about not being able to do my usual occupation in my original TDIU claim.

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Kenny --

Yes: Pain must be considered. The the DeLuca case, which says that pain on motion can entitle you to an increased evaluation.

Alex

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I am currently awaiting an appeal for higher % on my left knee osteo arthritis disability and TDIU. I have obtained a copy of the C&P exam February 2004. I was awarded 20% but in the opionions section the Doctor stated I couldn't do my usual occupation because of the pain and arthritis in my left knee. He also stated that I also can't do my usual household duties as before. I currently only receive 20% but have several secondary conditions on file awaiting action. He clearly stated that I was in pain when I did leg flexions for him but there is no mention of pain in the Decision. Should the VA have considered the pain and the statement about not being able to do my usual occupation in my original TDIU claim.
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Yes Berta I have a copy of the C&P exam. I have did NOD on the 20% it went to the BVA and was remanded back to RO in FEB. 2005. I also have an appeal for an EED on the 20% because when I filed in 1991 for the same condition the only thing different that was sent in to reopen claim was the Presumption of Soundness regs.

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