My Claim Decision Came Today And Po'd

[JB3AFSP2]

My decision came today with both good and bad news. The good news is that they granted service connection for a "Fracture, left third and fourth metacarpals status post open reduction and internal fixation with scar". Of course, they couldn't deny that since I fell off of an obstacle during training and I had to have a metal plate and four screws put into my hand. So why am I infuriated? I got a big fat goose egg for my rating. They based it on range of motion and "Joint function is not additionally limited by pain, fatigue, weakness, lack of endurance, or incoordination after repetitive use." That is absolutely false. The Muskogee VA Regional Office is using a third party contractor to do the C & P exams. QTC out of San Antonio is their name and they contracted a civilian family practice doctor in Bixby, OK to do my exam. I specifically told him that I have significant muscle weakness in my left hand and frequent hand pain that comes and goes throughout the day especially during changes in weather. He tested me by having me squeeze his fingers and well, you've read what he put in his report. So, I'm enrolled in the VA until my combat veteran status expires in August 2009 afterwhich I'll be a Priority 8 veteran and I'll be disenrolled from the VA. I apparently make too much income to use what I've earned during almost 10 years of service to my country. Anybody else going to a contracted physician?

[rentalguy1]

working through the pain won't necessarily kill your chances for a rating. What diagnostic code are you rated under, and what were the ranges of motion listed in your C&P exam?

[Ricky]

They based it on range of motion and "Joint function is not additionally limited by pain, fatigue, weakness, lack of endurance, or incoordination after repetitive use." That is absolutely false.

As already asked - rating code and range of motion determinations please sir.......

Was "repetitive use" tested during the exam? If not then in your appeal content that since no testing was conducted to determine the effect of repetitive use during the exam there is no way the doctor could have established such a fact.

Bottom line is that if you do not agree with the rating then please appeal it. It would also probably be the time to think about getting medical treatment for the injury so that a current diagnosis for any residuals can be made or a more clear pitcure of the range of motion and pain. It appears that as of right now they have made the correct decision on the service connection portion you just need to establish some medical treatment for the pain and decreased range of motion if you disagree with the doc's range of motion findings (if he made any).

[JB3AFSP2]

No code was put in my decision letter. They state, "This disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability in which not only the functions affected, but anatomical localization and symptoms, are closely related." My range of motion was reported as 70 degrees flexion distal interphalangeal joint; 110 degrees flexion proximal interphalangeal joint; and 90 degrees flexion, middle phalanx. I don't have any problem with their determination that I have a fully functioning hand...my range of motion clearly establishes that. Where I have a problem is that I told the physician that I my left hand significantly weakened after surgery and I have intermittent pain especially during changes in weather. Since he was taking notes I assumed that would go into his report. I expected that he would have an instrument for me to squeeze or something to test my hand strength other than squeezing his fingers...his determination is completely subjective. Perhaps the problem is that I didn't file for compensation based on arthritis due to trauma? Maybe he would have had a different line of questioning? I claimed as a left hand fracture.