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C&p Exam Results Not Good

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Rockhound

Question

I picked up my C&P exam results today and it wasn't good, they said I had all the secondary issues I claimed to have, but the they were less likely than due to my SC condition.

They said I had chronic sinisitis and Rhynitis, but that neither was due to my SC nasal fracture with deviated septum due to trauma, that their was no correlation between the nasal fracture and the deviated septom and that their is no definitive medical rationale to support the cause being the fractured nasal bone and the deviated septom.

I don't understand how they can say that when I gave them supporting medical literature that shows the rationale to be at least as likely as not.

I also applied for painful scars on my nose, but I am not clear as to whether or not they even plan to rate them, since I believe they may be rating the scars under the wrong diagnostic code, but I'll have to wait until the decision to find out.

It appears I am going to have to get a IMO with evidence/research/treatese, that supports the ENT specialist results, I get.

I am not in a very good mood, to say the least. I got the impression from the C&P examiner that her findings would be favorable, boy was I dubt. I'd go an call her out if I didn't think it would get me in deep doodoo or a private room with padded walls.

Got to go, using computor at VA to write this. they have a time limit so others can use it too.

Rockhound Rider :angry: :P :huh::unsure: ;) :unsure: :(

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Rock, you'll get whats due someday. Don't recall if you had supporting documentation in your smr's or not. Ya seen the cat chinup poster that says, 'Hang in there, Fridays coming!'? (made me think of you and yer cat).

Best to ya,

Cg'up2009!

I thought I had all that was needed. I had my enlistment physical that said everything was normal and my medical history was blank for any sinisitis and rhynitis, and my re-enlistment physical was normal. All this was prior to my receiving the fractured nasal bone and deviated septom due to trauma, which a was found to be SC at 0% until just resently when it was found to be rated at 10%, which is the most you can get for a fractured nasal bone with deviated septom due to trauma like mine.

I was trying for the secondary problems as a result of the SC issue. I didn't have these problems before I was injured, but I did afterwards. Also I have problems where my glasses rest on my nose that become painfull and ulcerated 4 or more times a year which should be rated under painful scars at 10% for each side, but it looks like they may not rate this under the proper DC. Instead of painfull scars, it appears they are rating them under disfiguring scars and since they are not that large they could try and get away with maybe SC but at 0%. I'll just have to wait and see what the final decision is going to be.

If I have to get a IMO, it will have to include all the evidence the C&P examiner used and listed plus they will have to give a much more indepth rationale in their reason and basis than what the examiner did, in order to overcome the C&P reason and basis. I might have to save up enough money for such a report, because I don't think my medicare will cover such a report, and examination yes, but the opinion I am not so sure of.

I'll have one year to appeal it, but I was hoping for the added income from this claim to help me with my major one dealing with my major depression and cognitive problems with post traumatic organic personality disorder or personality disorder due to a general medical condition.

Rockhound Rider :unsure::unsure: ;)

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Rock...Read it again carefully to make sure.

If it says, "Veterans condition is AT Least as LIKELY AS NOT" related to military service," then this is good..very good.

However, if it says that it is Less likely than not, then that is not so good for you.

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Don't give up. It took 15 years for me to get SC for my allergic conjuntivis. I've also got a claim for allergic Rhinitis and the remand is for the RO to go over it again as one examiner said that is was likely caused by my deviated septum while in the service. I got 29,000 for my conjuntivis. So hang in there and always do the next step and stay busy until you get the surprise in the mail one of these days. Railroader

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  • HadIt.com Elder

Rock

No connection between nasal fracture and deviated septum????? That is absurd. They are almost the same thing.

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  • HadIt.com Elder

Rockhound,

This is my take: They are treating these as direct service connection.

What did they say was causing the rhinitis? What evidence did they use to support their etiology for the rhinitis?

If they did not offer any etiology and only made a determination that it was not caused by the deviated septum then their determination that the rhinitis was not caused by the deviated septum is speculative. An arbitrary statement that something was not caused by a specific event should not be considered evidence. There is no objective evidence against the claim. I have seen BVA decisions whereby the BVA has seen through this type of speculative evidence against the claim.

What you need is some evidence that weighs in favor of the claim. They are looking for continuity of symptoms. The literature does not prove continuity of your symptoms.. The RO has become adversarial with this claim or they are just plain incapable of carrying on an intelligent conversation. The decision should state that the evidence against the claim is speculative and there is no evidence that was given weight in favor of the claim. Instead they blow spoke by talking about the negative evidence. If they were to tell you that there is no objective evidence against the claim and that the literature was not given weigh then you might get the bright idea that you need to get a report from a doctor to win the claim. If they were not adversarial they would explain to you that if you could get some evidence of continuity of symptoms the speculative evidence against the claim will wind up in the trash. The case below was denied because there was a 25 year gap between the military and the diagnosis of sinusitis with no record of treatment in between.

CFR

A disorder also may be service connected if the evidence of

record reveals the veteran currently has a disorder that was

chronic in service or, if not chronic, that was seen in

service with continuity of symptomatology demonstrated

thereafter. 38 C.F.R. § 3.303(b)Citation Nr: 9905326

Citation Nr: 9905326

The veteran reports chronic exposure to

welding fumes and dust in military

service (1967 to 1969). This exposure

along with nasal fracture could

theoretically be contributory to

development of chronic rhinitis and

subsequent sinusitis. Regrettably I

didn't find any medical evidence of such

symptoms and treatment for them in the

veteran's [claims] file since trauma in

1968 until 1993 to 1994. For that reason

I cannot establish direct connection

between nasal trauma in 1968 and current

recurrent sinusitis.

Edited by Hoppy
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  • HadIt.com Elder

Rockhound,

I have been reading more of these. It looks like a good old fashioned nexus letter from a doctor would also be favorable.

They would probably schedule a C&P and try to find post service causes that outweigh the potential for post service development based on the original in service injury. After they put you through all those hoops there is a chance you would get SC'd. If you have a record of treatment from the military to present that would be really hard for them to overlook. You have the option of direct SC or secondary.

As of now I do not see any significant evidence against the claim.

Edited by Hoppy
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