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Ryguy

Had My Appeal C@p Exam

Question

Well i had my appeal c and p exam. The doctor called me in, and he just said "yessssss, i see you have some neck and upper back issues, that can be very painful", i said yes. After this, I reminded him that I had an appt with him in the past, and he said he didn't remember me, but he looked in the computer system and quickly noted that he did do my exam in 2008, I explained to him that his last decision said there were no notes/evidence in my military record in regards to the neck injuiries, he looked suprised and he said why is that, i told him because I was discharged within 2 months of the injury date. He said OK, he said the rater really wanted to know what accident made my condition worsten, that I was involved in March 2003, I told him I was never involved in an accident in 2003, the accident in the military occured March 2001. He noted this, I really didn't even have to do any major neck range of motion movements. He said the real thing was the rater wanted to know was why a physician assistant notes said I was in an additional accident in 2003.

I called my VSO immediately and asked about what i should do if the rater is asking about a March 2003 accident, which is incorrect, she simply told me to rush and fax her a statement saying that I was not in an accident in march of 2003, and was only involved in one on March 2001. She said it could have simply been a typo by the physican assistant. I did fax this over to the VSO, and now i'm awaiting the Review Officers decision.

Overall I think the exam went well, as in the past when I had an exam with this physician, he was kinda cold and put me through all sorts of hoops, such as stripping down to my underwear, so he could see how i walked with my back and neck injury. I thought this was over the top for an exam, but i complied and was granted the disability I was due in the past. So now i'll just wait and see what happens with this appeal which dates back from 2006.

Any ideas or comments on this situation?

Edited by Ryguy

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You did the right thing by correcting the 2003 mistake. Now you just have to wait. Physical injuries usually have pretty clear indications as to the percentage of disability. For joints it is usually ROM. For the neck it probably ranges from your neck being immobile to pain on full ROM, but there could be more to it. You fit in their somewhere. When you get a copy of the C&P you can compare that to what the C&P requires according to VA rules. See if the doctor did a full exam according to the rules. Lots of times the doctors are in a hurry and don't give a full exam according to Hoyle. This can be important if you appeal.

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