Got Copies Of C&p Exams (after The Dro Was Finished)

[Bound4heaven]

Greetings,

I just got copies of my 2nd set of C&P exams for increase. The VA would not allow release of these C&p's until the DRO made his decision. I have not received any award letter as of yet.(1st round was thrown out due to incompentent N.P who was fired. Thanks Berta)

Diagnoses: (Right shoulder condition) Currently rated at 20% New claim for left shoulder condition

1) Tendinitis (New), impingement, Right shoulder

2)Mayofascial Strain through the upper back, trapezius muscle bi-lateral

She states,"It is my opinion that the diagnosis of mayofacial strain is at lest as likelyas not related to the veterans service connected right shoulder condition which has caused altered posture and increase use of left upper extremity. The veteran reports of symptoms of pain and weakness regarding the right shoulder condition are noted,. 10 degree right shoulder. 30 degrees left shoulder. She goes on and on and I don't quite understand it all but it appears it is positive. Does anyone knnow what the ratings might be in the CFR 38? I have looked over it and I don't know where exactly to go.

Special adaptive housing (one of my 16 claims on this report)

The dr said, "Reguarding entitelment for adaptive housing, the veteran was able to amblate without the cane, but had great difficulty in doing so. In this regard, it seams the veteran has the necessity for regular and constant locomotion by other methods may be possible (what is he saying, that I may need a wheel chair soon?)

What is your guys take on these two issues? I have many othersincluding them referencing Dr. Bash's IME. Thank you all so much for your help. God bless you all. Keep fighting!

[Berta]

Bound- that all sounds positive-

I think you are looking at a bilateral rating for both shoulders?

Also it appears that :

,"It is my opinion that the diagnosis of mayofacial strain is at lest as likelyas not related to the veterans service connected right shoulder condition which has caused altered posture and increase use of left upper extremity"

I think she means you have decreased use ? I dont get the 'increase' part-

A loss of use of upper left extremity is addressed in 38 USC 1114-

I think you should look at the SMC "M" award here as well as the other types of SMC.

This BVA case might help you:

http://www.va.gov/vetapp94/files2/9414411.txt

There should be a link at hadit to 38 USC 1114 where all SMC and combinations of disabilities are found.

The Special Adaptive Housing-

she could mean using a walker at some point, and not a wheelchair-it is hard to say-

however:

"Reguarding entitelment for adaptive housing, the veteran was able to amblate without the cane, but had great difficulty in doing so."

It appears to me that the back problems and the ambulation problems are directly related (as I understand her opinion) to the SC shoulder problems- I mean one shoulder is SC but the other -it seems should be given a bilateral rating if the SC shoulder has affected the use of the other shoulder.

Did she consider Dr. Bash's opinion?

I am curious because I got a great IMO from Dr. Bash that they ignored for over a year-

has the VARO acknowledged his opinion yet?

The decision will tell you much more-

you have excellent evidence for SMC and I hope for the Special Adaptive Housing-

Rich is an expert on that-and others here know a lot about that program.

If I were you I would list the issues you believe they have decided - and

check each one to see if the C & Ps covered each issue-and let's hope the decision comes soon.

Good for you! No vet should ever accept a deficient C & P exam!

And if the VARO states what the doctor said in a decision and if the doc is wrong-tell them!

[Bound4heaven]

Bound- that all sounds positive-

I think you are looking at a bilateral rating for both shoulders?

Also it appears that :

,"It is my opinion that the diagnosis of mayofacial strain is at lest as likelyas not related to the veterans service connected right shoulder condition which has caused altered posture and increase use of left upper extremity"

I think she means you have decreased use ? I dont get the 'increase' part-

A loss of use of upper left extremity is addressed in 38 USC 1114-

I think you should look at the SMC "M" award here as well as the other types of SMC.

This BVA case might help you:

http://www.va.gov/vetapp94/files2/9414411.txt

There should be a link at hadit to 38 USC 1114 where all SMC and combinations of disabilities are found.

The Special Adaptive Housing-

she could mean using a walker at some point, and not a wheelchair-it is hard to say-

however:

"Reguarding entitelment for adaptive housing, the veteran was able to amblate without the cane, but had great difficulty in doing so."

It appears to me that the back problems and the ambulation problems are directly related (as I understand her opinion) to the SC shoulder problems- I mean one shoulder is SC but the other -it seems should be given a bilateral rating if the SC shoulder has affected the use of the other shoulder.

Did she consider Dr. Bash's opinion?

I am curious because I got a great IMO from Dr. Bash that they ignored for over a year-

has the VARO acknowledged his opinion yet?

The decision will tell you much more-

you have excellent evidence for SMC and I hope for the Special Adaptive Housing-

Rich is an expert on that-and others here know a lot about that program.

If I were you I would list the issues you believe they have decided - and

check each one to see if the C & Ps covered each issue-and let's hope the decision comes soon.

Good for you! No vet should ever accept a deficient C & P exam!

And if the VARO states what the doctor said in a decision and if the doc is wrong-tell them!

Dear Berta,

Thank you so much again for your knowledge. Yes they referenced Dr. Bash's IME and my other outside doctor for his IME in reguards to medication side effects. I always reffered to both doctors as specialists in their areas unlike the VA doctor's who are general in nature, and opinions are always suspect. They put great weight on Dr. Bash's IME, and I am greatful for that.

I don't quite understand all the SMC issues, but it appears I really should find out more about it. I do thank you for the site at the BVA. I am sure I will be needing your help again. If you get the chance to look at my other post concerning a Vascular blood flow study done on April 11, 2006 at the VAMC(varicose Veins) I shot off a letter of complaint to the patients advocate and a copy to my new treating physician at a VA clinic.

I have hadit!!!!!!!!!!!!! with the incompendence at the VAMC. I have Medicare and I have decided not to have any type of testing done again at the VAMC. I will continue to follow up with my new VA doctor. He is very good and has a heart for disabled veterans. Thank you again Berta, and God bless you!

[Berta]

Yes- I read that post- sounds like the Keystone Cops did that C & P-

Is that issue part of the claim that you are awaiting decision on?

It sure doesn't hurt to Google varicose veins etc-

and find a good medical abstract or article to explain to VA exactly what condition you actually have here-

boy- men and women- it just galls me that you all served for this?

bad enough some of the VA docs don't speak English but some seem just plain stupid.