C An P Exam

[walt]

Good Morning and Thank you Everyone. Can I dispute part of the c and p before the claim is decided? Also do you see anything favorable in this ..Restatement of opinion request.indevidual employability.other pertinent information or comments from requesting office:The records of recent treatment for all of the veterans conditions shows that he has diagnoses of copd,cad,htn,hld,pats,osa,prostate cancer,and cronic Anxiety.Were private records review?..NO Were service medical records reviewed? NO.. Were veterans administration records reviewed? YES Pertinent evidence: Current treatment records for the various conditions none are sc at this time.Were other recods reviewed ? NO Opinion:The veteran has not worked for several years and there is no good record of work capacity.It seems likely that the combination of the veterans medical problems confines the veteran to sendentary work,such as using a computer.(I. can on ly hunt and peck with one finger!) I am un able to determine the extent of his chronic anxiety as a contributor to inability to work. Rationale for opinipn given: None pertinent. Other comment:This opinion is based on the review of the overall VA medical records. This focused review for lbp and o/a Thumbs does not necessarily encompass an assessment of all theveterans conditions. I am 65 years old and started drawing the pension at 100% seven years ago at age 58. Thank you for your help Walt.

[jbasser]

Walt, where were you stationed in Korea?

J

[walt]

We have ESP John-my question too.

Walt you need an inservice nexus for every disability you claim.

If you are an incountry Vietnam vet some of these disabilities you mentioned are presumptive to AO( possibly the CAD and the Prostate cancer)

The nexus for them is established by proof of incountry Vietnam service.

The nexus for the rest is the link or cause to the condition you have now as it relates to your military service.

Or claimed as secondary to any SC or presumptive SC.

Do you have your complete SMRs?

Have you formally filed any claims?Have you received a VCAA letter yet?

You can get copies of your VA med recs from the VAMC which treats you.

SSA might still have your military SMRs.

The VA, upon knowing you have had private records, will obtain them with your written consent.

Good Morning Berta and thank you again. This claim was opened in Feb. First denied in 2001.Issue was smr's. I have more this time but there are some still missing. I was not in Viet Nam. was in Korea 66-67 agent orange is now presumed for prostate cancer and I think ischemic heart desease but I left there in November 67 and the presumptive date starts ! April 68 I think. However I am still contending it is service connected due to several factors. Whether they buy it or not I do not Know but they certainly will not if I do not claim it.My urologist at va looked at my chart and said "you will get it for your prostate".I said, you think so and he said ,again Yes you will get it on your prostate. Now I do not know if he is just speculating or he sees or knows something I do not.Anyway I am doing all I know to do and what my limited amount of $$$ will allow. BUT what I really want to tell you is HOW MUCH what you and all the others do to help the rest of us .......not enough words to express the gratitude,but it does not go unnoticed.As far as I am concerned you not only served your country....you still are serving. All of you, and for that i say ,thank you. Walt

[walt]

Walt, where were you stationed in Korea?

J

Good Morning,CO D 2md Btn 2nd INF Div POB WON E six milis south of DMZ I was TDY twice to dmz once as ambulance support for eng Bn building fence across dmz and second time to acta imjin, scout school.

[Berta]

We have a lot of AO Korea info here under a search and these three posts might help you-

Yes practically everyone here has served in the Military and they are serving again to help others.

I am a civilian.

[walt]

Good Morning everyone and thank you again,

This is an email I sent to my primary care Dr. and the reply I got back.Please give me your assessment of it. Is she correct? The way I read it is by the code she MUST,upon my request do just what it says and enter a STATEMENT of all it says,diagnosis,prognosis etc. and then the people working my claim can get it from my records.I also could go to release of info. and obtain it.While it may be repetitive of what is already in my records,my thinking was it would all be in one place rather than them having to go thru the hundreds of pages of entries and also while not being an IMO, may possibaby make some positive impact on my claim.

Good Morning Dr. . I typed with one finger yesterday to send you this message and then Poof when I sent it.I do not know where it went.This will explain what I need Title 38, CFR 17.38 (a) (1) (xiv) (b)(2) . i think the Va is getting close to making a decision on my claim for service connected dissability.I think they are trying to give me TDIO.(total dissability individual unemployability)

(b)(2) of this CFR explains what you can do. This is my requestfor you to do so and my permission for you to release it to anyone at the va for working my claim.Please place it in my records and then I and/or the VA can get it from release of information.DR. this could very well be one if not THE deciding factor in them making a determination as to my being able to work.Please look at the CandExam I had on 14 Sept.The Dr. Stated something to the effect that because of all my conditions I was limited to Sedentary work such as a computer.I know he put this in the report because he asked me what I did and I told him nothing except work in the garden and on computer.DR. I am 65 years old and what I do on a computer is done with typing with one finger

b. Title 38, CFR 17.38 (a) (1) (xiv) ?Medical Benefits.? d. Medical Statements to Support VA Benefits Claims. When honoring requests for medical statements by veterans for VA claims adjudication, care must be taken to avoid conflict of interest or ambiguity.

(1) Determination of causality and disability ratings for VA benefits is exclusively a function of the Veterans Benefits Administration (VBA). VHA providers often do not have access to military medical records, and may not be familiar with all the health issues specific to military service, such as environmental exposure. As a result, they may not feel comfortable in stating causality of a current condition. However, this does not preclude VHA providers from

VHA DIRECTIVE 2008-071

October 29, 2008

3

recording any observations on the current medical status of the veteran found in the medical record,

including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.

(2) Requests by a veteran for assistance in completing a VA disability claim are to be referred to VBA through official channels; however, the clinician, if requested by the veteran, must place a descriptive statement in the veteran?s medical record regarding the current status of the veteran?s existing medical condition, disease, or injury, including prognosis and degree of function. This may then be requested by VBA for the purposes of making a claim determination.

5. REFERENCE

a. VHA Handbook, 1605.1.

b. Title 38, CFR 17.38 (a) (1) (xiv) ?Medical Benefits.?

6. FOLLOW-UP RESPONSIBILITY: The Office of Primary Care, Patient Care Services (11PC) is responsible for the contents of this Directive. Questions may be addressed to 202-461-7182.

7. RECISSIONS: VHA Directive 2007-024 is rescinded. This VHA Directive expires

October 31, 2013

DR. .Answer via nurse

I gave Dr. this e-mail today & after reading it she standed she understands what your asking but there is no further documentation that she can give. Each of her notes has your diagnoises, problems and her clinical findings.

Thank you,

Also ,This is a responce I got yesterday from the iris people and I had mentioned in my inquiry that I was getting an IMO for the chronic anxiety contention.Can you find anything encouraging here?ThankYou.... Dear Mr. Brazelton:

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated October 7, 2011.

We apologize for the delay in responding to your inquiry. We are currently experiencing a large volume of inquiries and are working as quickly as possible to respond to each in a timely manner.

We received your claim on February 4, 2011, for hypertension (reopen), peripheral vascular disease, left lower extremities, peripheral vascular disease, right lower extremities, coronary artery disease claimed as heart attack, chronic small vessel ischemic disease (reopen), chronic obstructive pulmonary disease/emphysema (reopen), chest pain aggravated by tension and stress previously claimed as heart flutters, low back pain to include arthritis, sinus tachycardia, bronchitis, arthritis of thumbs, chronic anxiety (reopen), prostate cancer, hyperlipidemia, atrial fibrilation, PVC (premature ventricular contractions), and entitlement to individual unemployability

Line of Duty (LOD) is verification of records from your service department for a claimed contention. The suspense date is for internal tracking purpose only. Based on the information available, the required development actions have been completed. There is nothing further you need to provide at this time. We will review your claim to ensure we have everything we need to make an informed decision. If we determine we need additional information, we will contact you.

Once you receive your medical opinion summary, please fax it to the number at the closing of this reply.

The Development Phase is completed on most claims on average in 170 days.

Your claim's Development Phase began February 4, 2011. The length of time it takes to complete the Development Phase depends on several factors, such as the type of claim filed, the availability of evidence needed to decide your claim, and VA's pending workload. A claim may take longer in this phase based on the specifics of your claim.

There are two additional phases: the Decision Phase and the Notification Phase.

We are currently processing a large volume of claims, and we are doing our best to process these as quickly as possible. We generally process claims in the order received. We appreciate your continued patience.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours,

Donovan W. Thompson

National IRIS Response Center Manager

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