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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Roy

Cp Exam Confused

Question

Hi, I am new to forum. I am currently rated 80% for my back, knees and foot all service connected. Last year my condition worsen and currently I am not working so I applied for IU and Social Security . My Social Security was approved and I had a CP exam back on the 17 of June for my back and Knees. I am currently waiting to hear back from the VA. However, I have a copy of the CP exam and the Doc failed to put some important information in her report. First, I had EMG conducted by a VA Doc last year which indicated that I had severe peripheral neuropathy and in exact words he wrote in the report " he was greatly concerned" . However, what he did not say in the report which have me somewhat confused, is that he informed me while I was sitting on the table listening to him. When you have motor sensory problems the EMG can produce a " false negative" and he continued to say that there was something going on I just don't know what. In my CP report there was not mention of this report by the doctor and I had specifically pointed this out to her. Secondly, I had fracture my back while in Marines and noticed in the report she marked my fracture as not service connected but a lumbar strain, which is funny to me because I thought all of this time I had been service connected for fracture back. Thirdly, she put down my bladder conditions as wearing of absorbent material that must be changed less than 2 times per day. However, I told her I have to change several times a day. I informed her of the stiffen in my back and radiating pain running down both legs with numbness and tingling in my feet. In her report she checked no in the boxes. Finally, at the end of the report in her opinion: Although his conditions may get progressively worse, at this point, veteran would be suitable for sedentary position, that allowed him to get up, stand and walk around a couple minutes. His physical conditions would preclude any job entailing prolonged standing or walking, and lifting or carrying.

My family physical wrote me a letter stated that my back and knee conditions were severe and I have two orthopedic specialist that agreed. My family physician also stated, that I required at least 6 weeks of bed rest in the past 12 months. This letter was turned in as part of my claim. What I am trying to figure out is how will the VA rate me and will they take what the CP examiner said over my private physicians. I find it hard to believe that Social Security granted me disability for my knees and back conditions and VA will not, but I believe based on this report it will happen. Any thoughts on what I should do?

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Really there is nothing you can do but wait. Does VARO have all of your mentioned records?

File a NOD if rating decision is unfavorable.

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Really there is nothing you can do but wait. Does VARO have all of your mentioned records?

File a NOD if rating decision is unfavorable.

Yes, they do have all my medical evidence and even the CP examier mentioned my primary physician in her report, but I am surprised how she missed quote me in her exam. I really thought that they (VA) recorded the exams .

Roy

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Yes, they do have all my medical evidence and even the CP examier mentioned my primary physician in her report, but I am surprised how she missed quote me in her exam. I really thought that they (VA) recorded the exams .

Roy

No, they don't record the exams. The C&P examiner waits until the exam is over, or the exams for the day are over, or whenever they feel like it, before they record your examination into the computerized date base of medical records.

And, they put in, a lot of the time, what they think that the VA wants to hear............you'd do that also, if your livelihood depended upon it, most likely.

You are going to have to hope that the rater (which ALSO wants to stay at the top of the happy heap with THEIR employer) sees fit to award you what you are justly due. And, if not, then you start down the winding path of NODs, Form 9s, SOCs, SSOCs, BVAs, AMCs............. :rolleyes:

Semper Fi!

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