Failure To Report C&p Exam After Appointment Was Canceled

[mrmark1999]

I was scheduled a c&p exam at a different office then the last c&p exam . The new office was over an hour a way I called and asked why they changed the location I was told it was in the region I am in. I asked if it could be changed to my local office the c&p coordinator said it would not be a problem. I asked if the appointment was canceled and he said yes and he will send it to the correct office for a appointment. . Now I have just received a statement of case saying i have been denied because i did not report to the original c&p exam.

1 I am not sure what can be done

2 I understand i must file an appeal with the BVA on form 9 (not sure what to check on #8 a,b,c,d on BVA hearing)

3 I am lost in what I can do.

4 can i still get an exam?

in the SOC it says

REASONS AND BASES:

We received your NOD and in additional evidence in support ofyour claim . this additional evidence indicated a current diagnosis of bilateral Acheilles tendononitis there for , a VA examination and opinion was scheduled for you to comply with the VA's Duty to Assist , you were notified of this appointment and the importance of attending this appointment .Youlive in Pickerington, Ohio and the VAMC Chillicothe is yourjurisdiction . you didnotreport to this examanation because you did not want to go to the VAMC Chillicothie. This cancellation reason is not considered "good cause".Examples of good cause include, but are not limited to the illness or hospitalization of the claimant ,death of an immeadate family member ,etc.

You were denied service connection for bilateral Acheilles tendononitis in the ratin desison dated december 3, 2009 because although there was evidence of this disability in service , we did not have current diagnosis of this disability."

it is not enough , for a grant of service connection that a disability has been sustained in service. in addition there must be residual disability attributable thereto. Your service treatment records show that you were diagnosed with bilateral Acheilles tendononitisn Augest 21,1995. These same records donot show evidence of a chronic disability. Tofulfill the requirements for chronicity, the claimed illness must have persisted for a period of 6 months. the 6 month period of chronicity is measured from the earliest date on witch all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. at this time we do not have contemporaneous or objective evidence of a continuity of symptomatology since your discharge from the military. the first evidence we have that you have a diagnosis of bilateral Acheilles tendononitis is Augest 26,2010 from ABC podiatry. this is approximately 15 years post discharge from the military.

Regulations state when a claimant fails to report for an examination scheduled in conjunction with an original compensation clam ,the claim shall be rated based on the evidence of record. When the examination was schedule in conjunction with any other original claim, a reopened claim for benefit that was previously disallowed , or a claim for increase the claim shall be denied . You did not report to your Va examination : therefore ,your Claim for service connection for bilateral Acheilles tendononitis cannot be established and remains denied ."

Thank you

for any assistance in ether writing my appeal or figuring out what to do

Mark

Edited February 17, 2012 by mrmark1999

[mrmark1999]

Ok well i have contacted the VAMC C&P coordinator and he said he would get it taken care of well not as of yet so i call the RO now i have to fill out the appeal form 9 and see what happens

[mrmark1999]

Ok well I just had my C&P exam today it took me calling in to the regional office several times. They did not do any thing till they requested to have the exam rescheduled. I did a NOD and requested a new exam and just sat and waited I call the regional office more then one time and finally got some one with some sense and he was able to request and exam I got an a appointment in 2 weeks we will see how it goes

Edited February 17, 2012 by mrmark1999

[rdawg]

what your denial letter is telling you (don't blame yourself for not picking it up because it is not clear at all, intentional on the va I'm sure) is that you have two of the three elements required to establish service connection.

You have

1) A current diagnosis

2) An inservice injury

You are missing the third element -- a nexus or link between 1 and 2

Your nexus can be established 4 ways.

1) Presumtive

-- if it is on the presumtive list -- I don't think your condition is listed

-- if it occurs within 1 year of seperation from service -- I think you are outside of that

2) Medical opinion

-- they scheduled the C&P exam to get a Medical Opinion of a link(nexus,cuasation) of 1 and 2 above.

-- since you did not show then there is no nexus. They failed to understand that you wanted an exam in another location.

3) chronicity

-- if a condition is considered chronic in service then any occurance (no matter how much time has elapsed, in your case 15 years) post service "shall be" service connected.

4) Continuity of symptomology

-- If you can show continous "symptoms" of the condition since service then it would be service connected.

-- this does not mean that you have to have doctors records from service until now. You can write a simple statement that says you have self treated your condition since service with over the counter medications and physical therapy or limited activity. It helps to have treatment records or pharmacy records (my CVS has a record of all over the counter meds I've purchased) but they are not necessary.

In conclussion --

Take a look at all of the ways to establish the nexus and see which one is best for you. You have a doctors note that you submitted but if the doctor did not have your complete c-file to review his opinion may hold less weight than the c&p doctors opinion who will have the c-file in front of him/her.

Actions for a doctors opinion--

Go to your c&p as scheduled. Two weeks after your c&p go to the same facility and request a copy of the exam from office of records. If the c&p states less likely than not then you will get another denial.

If the c&p states "at least as likely as not" related to service then submit a letter and withdraw your appeal and ask to have a new decision based on the new and material evidence that they have in thier possession (the favorable c&p).

If you get another denial--

1) Don't appeal

2) Get a copy of your c-file. Call the 800 number and ask for it. They may say that it will slow your claim but you need to do it. Without it your claim will most likely fail.

3) take your c-file to your doctor and ask him to write another letter. In it he must state he reviewed the c-file and his opinion is that your condition is "at least as likely as not" or "likely" or "is due to" service.

4) submit this new evidence, withdraw your appeal and ask for a new decision based on new evidence.

If you doctor won't write the letter then call Dr. Bash and pay for an IMO.

Or, you could skip everything above and get a copy of your c-file, send it to Dr. Bash, pay for an IMO from Dr. Bash, withdraw your appeal and ask for reconsideration based on his IMO. You will win with this last senario,

[mrmark1999]

thanks Rdawg

1) A current diagnosis

2) An inservice injury

2) Medical opinion

3) chronicity

4) Continuity of symptomology

I think I have given all of the above at my curent C&P exam i also found a medical record from my civillian doctor in 2001 i know i havent been for several years till lately

but the treatment has allways been the same streaching and otc meds so till lately it was a waste of time to go to the doc for treatment

a good Medical Opinion showing a conection to my service records and that it is cronic and is still continuing I hope it will be enught to get it all sorted out now I just need to see what they will rate it

it was for bilateral Acheilles tendononitis any ideas ?

Edited February 17, 2012 by mrmark1999

[mrmark1999]

well just as an up date i was denied for my Achilles tendonitis ireceved a SSOC

ok i got my SSOC today im not shure wher i sit now .

EVIDENCE

it had a list of evidence

1 soc was sent dated sept 7 2011

2 report of telephone contact taken on sept 13 2011

3 vs form 9 receve October 11 2011

4 report of telephone contact jan 4 2012

5 treatment reords ABC Podiatry Dated from Aug 26 2010 to apr 14 2011

6 VA examination Columbus VA Outpatient Clinic Dated feb 14 2012

ADJUICATIVE ACTIONS :

09-07-2011 The veteran was furnshed a statement of case outlining actions taken on the claim

10-11-2011 Substanitve Apepeal Receved

DECISION:

Service Connection for bilateral Achellies Tendonitis remains denied.

REASON AND BASIS

since we issued our Statement of the case to you on September 7 2011 we received additional evidence in support of your appeal. Treatment records from ABC Podiatry not you have bilateral foot and ankle pain with diagnoses of Achilles tendonitis and plantar heel spurs. No relationship is shown between your current diagnosis of Achilles tendonitis and your military service.

You attended the VA examination at the Columbus VA Outpatient Clinic on February 14, 2012 to determine any relationship between your current Achilles tendonitis and your military service. After a physical examination and review of your claims file including your service treatment and private treatment records, the examiner opined that your current Achilles tendonitis is less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness. The examiner provided the following rationale: "Achilles tendonitis is documented in note dated November 15, 1995 in the service treatment records (STRs). Thereafter, there is no mention of this condition in the STRs. He had no ankle condition noted on physical exams on May 21, 1996 and July 24, 1997. Letters by Dr. Schilling dated February 23, 2011 documents that veteran saw this provider on August 26, 2010 with "increasing pain gradually over the month precding presentation on his left ankle". Based on review of the medical evidence, it appears more likely that veteran's current Achilles tendonitis is a result of his occupation as a mailman where he has to walk up to 16 miles per day. Plantar faciitis is not documented in the service treatment records. Per note by Dr. Gutheil dated January 11, 2011, onset of plantar faciitis had been 3 months earlier."

The evidence of record continues to show that your current Achilles tendonitis is not related to the one event of Achilles tendonitis while in service. Therefore, service connection for Achilles tendonitis remains denied.

on My first SOC it states

in the SOC it says

REASONS AND BASES:

We received your NOD and in additional evidence in support of your claim . this additional evidence indicated a current diagnosis of bilateral Acheilles tendononitis there for , a VA examination and opinion was scheduled for you to comply with the VA's Duty to Assist , you were notified of this appointment and the importance of attending this appointment .Youlive in Pickerington, Ohio and the VAMC Chillicothe is yourjurisdiction . you didnotreport to this examanation because you did not want to go to the VAMC Chillicothie. This cancellation reason is not considered "good cause".Examples of good cause include, but are not limited to the illness or hospitalization of the claimant ,death of an immeadate family member ,etc.

You were denied service connection for bilateral Acheilles tendononitis in the ratin desison dated december 3, 2009 because although there was evidence of this disability in service , we did not have current diagnosis of this disability."

it is not enough , for a grant of service connection that a disability has been sustained in service. in addition there must be residual disability attributable thereto. Your service treatment records show that you were diagnosed with bilateral Acheilles tendononitisn Augest 21,1995. These same records donot show evidence of a chronic disability. Tofulfill the requirements for chronicity, the claimed illness must have persisted for a period of 6 months. the 6 month period of chronicity is measured from the earliest date on witch all pertinent evidence establishes that the signs or symptoms of the disability first became manifest. at this time we do not have contemporaneous or objective evidence of a continuity of symptomatology since your discharge from the military. the first evidence we have that you have a diagnosis of bilateral Acheilles tendononitis is Augest 26,2010 from ABC podiatry. this is approximately 15 years post discharge from the military.

Regulations state when a claimant fails to report for an examination scheduled in conjunction with an original compensation clam ,the claim shall be rated based on the evidence of record. When the examination was schedule in conjunction with any other original claim, a reopened claim for benefit that was previously disallowed , or a claim for increase the claim shall be denied . You did not report to your Va examination : therefore ,your Claim for service connection for bilateral Acheilles tendononitis cannot be established and remains denied ."

by the way i did not miss my exam I had it re scheduled to a closer exam location (I know now that was a big mistake )the va assumed i misssed when it was being recheduled i got all of that worked out and got my c&p in febuary do not understand where they get the idea that my bilateral Acheilles tendononitis is not service connected i had it diagnosed in the millitary and was told the same thing here is som 800 mg motrin and to strech what can be my next step on fight ing this my current doctor gave me a IMO showing the connection to my millitary service and a continuing issues let me know what you think

thank you

mark

[mrmark1999]

ok just so every one knows thank you for all of your help and no matter what

DONT MISS ANY C&P EXAMS

it took almost an extra year of pullin teeth and aditional IMO to finally get a proved