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Clarke221

No C&p Exam?

Question

Trying not to read too much into it, but I'm really curious about this, and since it's the holiday, can't call our VARO to ask.

We submitted a claim for multiple things for my husband in late November. He's been to 3 C&P exams, and in the letter they sent that was all they said he would go to. Those were for PTSD, knees and back, and hearing/tinnitus. We also submitted a claim for his heart (he has a defibrillator and has been diagnosed with ARVD) along with no less than 100 pages of medical records as proof. Because we've never been through this, I just thought they would do a C&P for his heart too. Since they aren't going to do one, is this a bad sign, or are they just skipping that appointment because we submitted enough evidence that he has a condition and a defibrillator?

Thanks in advance!

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The only way that I can answer this is this way:

IF they consider that they have enough irrefutable evidence, then they CAN forego the C&P. This is totally up to the "rater" in every instance.

And, yes, it has happened. Even to me.

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Trying not to read too much into it, but I'm really curious about this, and since it's the holiday, can't call our VARO to ask.

We submitted a claim for multiple things for my husband in late November. He's been to 3 C&P exams, and in the letter they sent that was all they said he would go to. Those were for PTSD, knees and back, and hearing/tinnitus. We also submitted a claim for his heart (he has a defibrillator and has been diagnosed with ARVD) along with no less than 100 pages of medical records as proof. Because we've never been through this, I just thought they would do a C&P for his heart too. Since they aren't going to do one, is this a bad sign, or are they just skipping that appointment because we submitted enough evidence that he has a condition and a defibrillator?

Thanks in advance!

I think the VA is going to do the following:

Rate the issues he was examined for. That should occur pretty soon.

I don't feel too good about the ARVD. This is a heart issue and it most likely will be denied. The reason is may be denied is this issue is a genetic issue. Now if it surfaced while he was in service then it can be service connected. It would be connected qt 100 percent since that is the criteria for a ACID.

The RO may feel they have enough evidence to deny this one.

J

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Suppose I should have added: The ARVD surfaced within a year after he got out of the Army, and he had an EKG two months after he got out that said his heart beat was off, and something was wrong. So our rep told us since it's within a year of his release, that there's a good chance it would be honored without too much of a fight.

As for it being a genetic condition, we haven't had the genetic testing done yet, but only about 50% of the cases have turned out to be genetic. So there is no proof to say that his condition is definitely genetic.

We are working on an IMO to say that the Army as likely as not worsened and aggravated his condition. Should have it within a month. I'm hoping that's not too late.

Sounds like my fears are right though, that they're just going to deny it.

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Make sure you have all of your records from Private Docs, Heart Cath records and notes. These are the best since they are a play by play of a person actually looking at the heart.

If he was diagnosed with this within 1 year as it is a type or organic heart disease and if it was at a compensable level for the Arrythmias, then there is a good chance it will be connected. I do forsee a battle with the RO as this could become quite complex, however if you get an IMO from a Board Certified Cardiologist that states that the medical history has been reviewed and the current condition most likely had its onset during the Veterans service then you should win.

Don't feel bad as the Regional Offices dont see this very often so they may deny it. If that happens, you need to go to the BVA as these claims are based on legal precedence.

Another tip is to search the BVA decisions and type in the search engine.

http://www.index.va.gov/search/va/va_search.jsp?QT=Arrhythmogenic+Right+Ventricular+Dysplasia&SQ=vt_vetappall_ext&RPP=10&LC=0&PQ=arvd&PT=ARVD&ET=&UA=Search

There are 2 BVA cases.

Also check the CAVC website:

I dont think you will have to worry about the aggravation factor. It may be Direct service connected.

JBAsser

Edited by jbasser

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One quick question, Has he taken Darvocett or Propoxyphene?

J

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