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Letter After C&p


sbrewer

Question

My husband had a C&P today for his toe. A NP did the C&P, and said "he could see that the toe did not bend, but he couldn't say that it did not bend before the surgery". So my husband asked if our daughter and myself could write a letter stating that it did bend before surgery and he said that would be a good idea. His primary care dr. knows that it would bend before surgery, but she will not write a note or say anything about it. Does anyone have any idea of how we should write this and who we should address it to?

Any help would be appreciated.

Thanks,

sbrewer

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I think it mite be wise to wait for the C&P results first. Did you sign a release for a copy of the C&P results to be sent to you? If not and your not to far from where you had the C&P I would do it tomorrow. It sometimes only takes a few days for reports to be complete. I've heard of others waiting a few weeks.

His primary care dr. knows that it would bend before surgery, but she will not write a note or say anything about it.

Do you have copies of the primary care Dr. treatments, comments, and statements that may already be in your file? Try to review past records and verify the information.

Than after all the above is complete draft a letter and send it to the Dept Of Veterans Affairs along with all other medical evidence you find. It can simply be address "To Whom it may concern:"

Hope this helps, Good Luck

Edited by foreveryoung
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sbrewer,

Is the toe already service-connected and is this claim is for an increase? If so, then the VA is only interested in what the current affects are of the toe. Pre-surgery motion ect... is irrelavent

If this claim is for original service-connection, normally the range of motion just before the surgey is also relatively moot. The range of motion before the surgey would be documented in your husband's SMR's and continuity of treatment records since discharge. If your husband doesn't have continuity of treatment of the toe, then he'll need an IMO, and range of motion then is also relatively moot. Generally, when service-connection is already established, the VA only need to know what the current disabling affects of the injury/condion is.

Vike 17

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Thanks for your response..

The C&P was done yesterday, but my husband also works at the VA, so he'll get a copy when it's ready, but the guy that did the C&P acted like we should write letters stating that the toe would bend prior to surgery. The toe is not SC and he filed an 1151 for this. I sure nothing will come of it(or I haven't been able to find anything on single toes, not great toe) but he just wanted it to at least be acknowged that the dr screwd the toe up...

Again thanks,

sbrewer

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sbrewer,

Now I understand, you didn't mention in your prior post that this was a 1151 claim.

I'm not really up to speed on 1151 claims, so prior movement of the toe to the surgey may be key in proving the VAMC screwed up.

Berta may be of more help on this, as I think she is the resident expert here on 1151 claims. Maybe she can chime in?

Vike 17

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