tdiu C&p Exam

[kluender]

I went to a C&P for plantar fasciitis for an increase January 23rd 2010. I'm presently at 10%. This morning I got a copy of the C&P report from VA. There are several items in the report that I disagree with such as:

1. "There are no calluses or edema." I showed the examiner a callus during the exam.

2. "Stability and strength are normal." I've got partial paralysis below the right knee with no feeling in half of my foot.

3. "She uses no corrective inserts...." I told the examiner that I don't use inserts because they don't help with the pain.

4. "The arch is normal". There is a statement in my SMR that says that my right foot was almost flat with only a small arch remaining. My podiatrist at VA annotated that in my records that I have flat feet.

My question is: Is there anything I can do to correct this before I receive the results from the C&P? I know that I can appeal this after I received the results, but is there anything I can do prior? I had to quit my job a month ago due to service connected disabilities and have put in a claim for unemployability which could take a long time. Please help.

[LarryJ]

I went to a C&P for plantar fasciitis for an increase January 23rd 2010. I'm presently at 10%. This morning I got a copy of the C&P report from VA. There are several items in the report that I disagree with such as:

1. "There are no calluses or edema." I showed the examiner a callus during the exam.

2. "Stability and strength are normal." I've got partial paralysis below the right knee with no feeling in half of my foot.

3. "She uses no corrective inserts...." I told the examiner that I don't use inserts because they don't help with the pain.

4. "The arch is normal". There is a statement in my SMR that says that my right foot was almost flat with only a small arch remaining. My podiatrist at VA annotated that in my records that I have flat feet.

My question is: Is there anything I can do to correct this before I receive the results from the C&P? I know that I can appeal this after I received the results, but is there anything I can do prior? I had to quit my job a month ago due to service connected disabilities and have put in a claim for unemployability which could take a long time. Please help.

Yes.

You go to your private (if you don't have one, then get one) podiatrist or orthopedic surgeon and get an "Idependent Medical Opinion" and get it sent in to the VA, now. Take this VA C&P exam with you when you go, along with your SMR's (Service Medical Records). Tell your private doc that they should state in their exam report that they did read your SMR's before making their report. I don't remember the maximum % of disability that you can receive with a diagnosis of plantar fasciitis, but you need to tell them that you are seeking the "maximum disability as allowed by the Code of Federal Regulations..........". You can do this now, even though you have already rendered your claim, by simply sending them a form 21-4136 so stating.

[kluender]

Yes.

You go to your private (if you don't have one, then get one) podiatrist or orthopedic surgeon and get an "Idependent Medical Opinion" and get it sent in to the VA, now. Take this VA C&P exam with you when you go, along with your SMR's (Service Medical Records). Tell your private doc that they should state in their exam report that they did read your SMR's before making their report. I don't remember the maximum % of disability that you can receive with a diagnosis of plantar fasciitis, but you need to tell them that you are seeking the "maximum disability as allowed by the Code of Federal Regulations..........". You can do this now, even though you have already rendered your claim, by simply sending them a form 21-4136 so stating.

Thanks Larry. With an IMO how much weight will they give to the C&P exam if they conflict?

[*Bergie*]

Yes.

You go to your private (if you don't have one, then get one) podiatrist or orthopedic surgeon and get an "Idependent Medical Opinion" and get it sent in to the VA, now. Take this VA C&P exam with you when you go, along with your SMR's (Service Medical Records). Tell your private doc that they should state in their exam report that they did read your SMR's before making their report. I don't remember the maximum % of disability that you can receive with a diagnosis of plantar fasciitis, but you need to tell them that you are seeking the "maximum disability as allowed by the Code of Federal Regulations..........". You can do this now, even though you have already rendered your claim, by simply sending them a form 21-4136 so stating.

Larry,

What is a 21-4136, do you mean 21-4138, because I cannot find the form you list on the VA's search engine?

Bergie

[LarryJ]

Larry,

What is a 21-4136, do you mean 21-4138, because I cannot find the form you list on the VA's search engine?

Bergie

Yup, you're correct. I, on-the-other-hand, can't keep all these form numbers straightened out. It's all a part of my "disability picture" (I'm brainless)! :D

But, hey! I got CLOSE!

[LarryJ]

Thanks Larry. With an IMO how much weight will they give to the C&P exam if they conflict?

That all depends upon the "rater" that does your rating. But, without a totally favorable medical opinion, you're dead-in-the-water! At least, if you do wind up having to file a NOD (Notice Of Disagreement), then your IMO will be an item of record in your claims file.

Every action that you take with your claim(s) should be designed to:

1. Gain a favourable decision on the first attempt.

2. Situate you for a favourable decision upon appeal.

So, you should make sure that your claims folder has as much favourable documentation as possible, at all times.

[john999]

Have you had any surgical treatments for the PF. These treatments are the things that will cause you to become IU.