Has This Happened To You At C&pexam?

[sammy104]

My husband went in for his c&p for exam to upgrasde his sc disability. He is total dependatant , as he had massive stroke last year, and needs 24 hr care, has occasional tremmors also. I filled out the 5 page questionaire warning them of his current state of health, in addition to info specifically realated to is s c disability. He is in weelchair..and after I got him into room, they asked me to leave, and my husband will talk to the dr. I said he cant speak due to stroke. It did not matter. I guess they didnt read the formo I just gave them? I had to go to waiting room and he would be fine. I sais , no he wont he has occassional tremmors and cannot be sitting in room alone please. on and on this went till finally the dr who heard me from other room said he would go in tere rite now. The exam was over. I had no idea what they did. How was it a good exam if my husband cannot talk, and has limited mental capacity due to stroke??. He shakes his head yes to anything you ask him. How was it a correct exam if he was alone with dr and cannot speak?

[carlie]

sammy,

Since his SC is only at 20 % due to his arm you will have

a very long way to go in getting either 100 % or IU.

For VA to rate him as IU, the IU has to be

due solely to his SC'd disability's.

You also posted, "Does it mean they are not convinced he problems are worthy of 100% disability?"

I am sure VA will clearly see he is 100% disabled - but they will only respond in a positive way to

what part of his disability's might be or are, SC'd.

You also posted,

"Yes hubby has many private doctors outside VA., who can submit records of treatment and prognosis."

I feel that an 1151 claim would certainly, take into consideration that he was also being treated by the

" many private doctors outside VA" and question as to why they didn't catch onto your husbands possible medical problems.

Also, as to the original question posted in the topic subject, yes - there have been

some C&P's that I personally know of that the examiner did not allow someone else

in the room during the examination. It does sound like you did your best to try and

be with your husband during the examination.

Please don't shoot the messenger here, I am only posting as to what I see as the

road blocks on these claim issues and wish the best for the VA claimant.

[Berta]

“Now tho, did somebody drop the ball? Why no tests in recent past? I guess you could say ..VA and/or VA contracted doctor failed to make proper diagnosis of A Fibb condition, simply because they failed to give him proper tests in timely manner....shouldn't he have gotten tested yearly, or at least every other year? “

I would assume he should have had annual EKGs and blood work that could have revealed anything that they should have done further tests for regarding the AF.

That is exactly how the VA killed my husband.Failure to diagnose and treat conditions (TIA,HBP,CAD AND DMII) with significance evidence in the clinical record that warranted further testing.

I strongly suggest that you obtain all clinical records, a copy of his C & P exam ,and then contact an IMO doctor-if the VA does not SC his stroke. There should be a statement at to whether or not the stroke is service connectable in the C & P results. I don't believe they will connect any medical dots here at all.

I think you are misunderstanding the points here-

VA will surely consider him 100% P & T disabled but it will be a NSC rating.That bring no compensation.

Ask the IMO doctor to consider whether he was possibly misdiagnosed for the AF ,causing the major CVA, and if the VA was the negligent entity.

If the IMO doc agrees this is good basis for 1151 claim and you should also contact a FTCA attorney to see if there is potential to sue.

VA does not pay both FTCA awards and 1151 awards at the same time. However if the IMO clearly establishes that VA damaged him, then this would be a factor if he died and you applied for DIC.

AF can often show up on a simple EKG or with blood chem results.Sometimes it is not that easy to diagnose. There are many reasons one can have AF

It is also possible that VA could not have determined he had this sooner. But an IMO is the best way to find that out.

Also I feel you need to contact a vet rep-= feel free to print out my replies here for him/her to consider.

I also am getting confused here- did he have diabetic cardiomyopathy ?

Perhaps the AT stroke was related to his NSC DMII.

Yo need help with this claim and I advise getting a good vet rep,and if the C & P results do not support service connection of the stroke then definitely try to get an IMO doctor ASAP.

[sammy104]

Trying to think simple...and look ONLY at SC disability now..post stroke....just at the SC arm/hand on file.. lets say for the sake of this discussion that hubbys stroke last year isNOT .look what this NSC illness has done to his SC disability ..it has affected his SC disability is a very severe negative way. ..is this too simple of way to think?

This is what I typed to John earlier>>>>>

Hubby SC is 20% for lacereated left forearm..which has caused problems with his left hand..it is very small and deformed and has lost feeling and some movement in that hand. this was b4 his stroke in 2009.

Now tho, post stroke..he has become" left handed" as the stroke paralyzed his rite side. (he was right handed prior to stroke.) Now, post stroke, he cannot grab, grasp cannot hold pen nor utensils properly..he has NO strength..when asked to squeeze...he has no strength..he can hold a 4 oz cup of milk..but not for very long as his hand shakes terribly. It is MORE deformed now, post stroke. He cannot write nor sign his name. So just looking at the SC left arm/hand, to me it is odviously 100% disabled. What am I missing to see, that the VA would even think to rate this SC disability at LESS than 100%? At the C&P exam, they did take Xrays of his SC left arm/ hand. ( They also took xrays of left leg..why? i have no idea.) What does this mean if they took xrays? Does it mean they are not convinced he problems are worthy of 100% disability?

(what if we keep it real simple and just look at how his SC left arm functions today, and how his SC disabilty has gone downhill, post stroke. >>>Let me know if I am way off base here) thank you all

[carlie]

look what this NSC illness has done to his SC disability ..it has affected his SC disability is a very severe negative way. ..is this too simple of way to think?

(what if we keep it real simple and just look at how his SC left arm functions today, and how his SC disabilty has gone downhill, post stroke. >>>Let me know if I am way off base here) thank you all

sammy,

The VA is not concerned with his NSC disability's.

VA will more likely than not say his SC disability (SC left arm)

has gone downhill (increased in severity) due to the stroke

and the stroke is not (yet anyway's and perhaps maybe never) service connected.

I think VA will say the increase in your husbands disability level is due to his

"other" medical disability's and not a result of any SC'd condition's.

Now if the question's were in regard to VA Pension and his income

was low enough - I think a claim for pension benefits would be granted,

but that is not the case here.

I can be a nay-sayer at times so don't just go by what I might post.

I approach claims as I think the VA will and try to help getting around

reasons they may provide for a denial and point them out.

[hueyman]

The key sentence here is-We never knew he had AF. A lot of times there is no way of diagnosing AF, until after the stroke or TIA. Just as in my heart attack, no symptoms at all!

[sammy104]

sammy,

The VA is not concerned with his NSC disability's.

VA will more likely than not say his SC disability (SC left arm)

has gone downhill (increased in severity) due to the stroke

and the stroke is not (yet anyway's and perhaps maybe never) service connected.

I think VA will say the increase in your husbands disability level is due to his

"other" medical disability's and not a result of any SC'd condition's.

Now if the question's were in regard to VA Pension and his income

was low enough - I think a claim for pension benefits would be granted,

but that is not the case here.

I can be a nay-sayer at times so don't just go by what I might post.

I approach claims as I think the VA will and try to help getting around

reasons they may provide for a denial and point them out.

Carlie, I appreciate that you look at all sides of the issue! Thank you. At this point I think I have to file a form? I am convinced, hubby is disabled due to VA Health Care neglIgence. He had VA clinic and outside contracted VA internist for MANY years. NEVER NEVER NEVER, did neither one of them keep him on a routine schedule of testing for checking his heart...he has been a diabetic for YEARS N YEARS, and on High blood pressure pills..and at last visit , 2 weeks stroke...perscribed cholesterol pills....They should have seen at that visit, that he is LONG OVERDUE for tests. If we had know to do heart ekko tests ever year or two..... and that heart and stroke disease was common to people with long years of diabetes...we would have demanded tests on our own! It was odvious to me ESPECIALLY... after one year after hubbys stroke...VA CALLED US AND LEFT URGENT FONE MESSAGE>>> WHICH I still have as evidence....>>>saying hubby needs to get in to clinic ASAP for appt ASAP. WHT weren't they calling us with urgent reminders PRIOR to A Fibb heart condition which led to his stroke?? I was able to uncover only ONE ekko test from contracted VA Internist in 2006.....THATS ALL!! He sent hubby to his office heart specialist, after ekko was questionalbe..there were pvc's etc...then heart specials wrote in notes.. that he wanted to see hubby again in 6 months! This was in 2006! Then nothing! NO FOLLOW UP EVER! I had no idea of all this..till I just got all the records, earlier this year. So in regards to his C&P EXAM FROM LAST WEEK.... do I wait for rating results from C&P EXAM to file VA care negligence form?..or do I file VA neglegence asap? My gut feeling is I file form YESTERDAY! Let me know please...and what form do I use? Thank you all.