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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Ryguy

Upper Back, Cervical, Arm Exam

Question

Finally after my original filing of this claim in 2006, and appealing the Va's decision in 2009, I finally am scheduled for my C&P EXAM. I received a letter stating that I am having my exam with a Physician Assistant. I'm a little worried about this, but from reading on other forums, I see that many people have PA's conduct their C&P Exam. Im having serious issues with my cervical, arm and upper back, I am already service connected for my lower back. My doctor at VA has already wrote a letter saying that this issue is resulting from the accident I was involved in while in the military. Does anyone know what a cervical exam consist of? Just was wondering, Also what is everyone's opinion of a PA conducting this appointment.

Thanks

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3 answers to this question

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"Does anyone know what a cervical exam consist of?"

ALL of the blank C & P worksheets are here:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

The specific one you need can give you a heads up on what to expect at this C & P exam.

I also suggest you go through the Training letters here to see if there is anything there that can help you with the claim.

"My doctor at VA has already wrote a letter saying that this issue is resulting from the accident I was involved in while in the military."

Do you mean he/she wrote that the claimed issues are secondary to or due to the SC disability?

Are you sure the VA has that letter?

Do you have a copy of that letter?

" Also what is everyone's opinion of a PA conducting this appointment."

If the C & P results ( you can request them from the VAMC where the C & P is done)

FAVOR your claim- no problem.

Otherwise you will probably need an independent medical opinion from a real doctor with expertise in this field to overcome the negative C & P.

I have knocked down many VA doctors opinions in my 2 decades of dealing with the VA.

However lay medical evidence is often disregarded.

I got a statement once (22-3) that as a lay person I was not qualified to diagnose my husband with DMII.

I refer VA to OGC documents that I was qualified because I had proven VA malpractice without a doctor in 1997.

They ignored that fact.

It was easier for me to prove malpractice to the VA in DC then to have the RO handle any of my claims properly.

Because my evidence was thoroughly considered in DC.By real doctors and lawyers.

You can certainly attempt to knock down any lousy C & P yourself.

But this is what any claimant is up to when they do that-

if you get someone to fully read your rebuttal, the claim might succeed.

Or the VA will use their mantra of saying lay medical statements are not probative to the claim as the claimant has no medical expertise.

BUT MANY have succeeded with their lay medical statements -dont get me wrong-

they state the medical evidence that VA has, that shows the decision is not correct -

and they have punch up their statements with valid medical internet print outs.

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"Does anyone know what a cervical exam consist of?"

ALL of the blank C & P worksheets are here:

http://www.vba.va.gov/bln/21/Benefits/exams/index.htm

The specific one you need can give you a heads up on what to expect at this C & P exam.

I also suggest you go through the Training letters here to see if there is anything there that can help you with the claim.

"My doctor at VA has already wrote a letter saying that this issue is resulting from the accident I was involved in while in the military."

Do you mean he/she wrote that the claimed issues are secondary to or due to the SC disability?

Are you sure the VA has that letter?

Do you have a copy of that letter?

" Also what is everyone's opinion of a PA conducting this appointment."

If the C & P results ( you can request them from the VAMC where the C & P is done)

FAVOR your claim- no problem.

Otherwise you will probably need an independent medical opinion from a real doctor with expertise in this field to overcome the negative C & P.

I have knocked down many VA doctors opinions in my 2 decades of dealing with the VA.

However lay medical evidence is often disregarded.

I got a statement once (2003 for DMII claim) that as a lay person I was not qualified to diagnose my husband with DMII.

I refered them to VACO and OGC documents that I was qualified because I had already proven VA malpractice without a doctor in 1997.My lay diagnosis won that case.

They ignored that fact.

It was easier for me to prove malpractice to the VA in DC then to have the RO handle any of my claims properly.

Because my evidence was thoroughly considered in DC.By real doctors and lawyers.

You can certainly attempt to knock down any lousy C & P yourself.

But this is what any claimant is up against when they do that-

if you get someone to fully read your rebuttal, the claim might succeed.

Or the VA will use their mantra of saying lay medical statements are not probative to the claim as the claimant has no medical expertise.

BUT MANY have succeeded with their lay medical statements -dont get me wrong-I have-in some claims but for the last claim I had 3 IMOs.

Claimants can state the medical evidence that VA has, that shows the decision is not correct -

and they can punch up their statements with valid medical internet print outs when they appeal the decision.

PA's have good training.However the last C & P from a PA I got was ridiculous.

I knocked it down ,and sent my rebuttal to the BVA, as it had been a remand ordered C & P from a Cardio doc -Not a PA.and also had the 3 IMOs and had ordered a 4th one.

The BVA rejected the PA opinion.

If you need an IMO (I hope you don't as this claim sounds good so far)

the IMO criteria is in our IMO forum here.

Do these problems prevent you from employment?

Edited by Berta

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I have an IMO from my primary care physican which is at the va. i've included this in my file, the progress notes say that my cervical and upperback probelms are sequalae of the moter vehicle accident I was in, and that he recommended me to go the BVA to get assistace with this issue. I also will be taking a copy of this to my exam just to ensure its in my file.

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