Got My C@p Exam Report Today

[Ryguy]

Today I got my c and p exam report, this exam was for an appeal for cervical and spine issues, I already received disablity for lumbar back issues. OK, it says that i'm noted to have DJD cervical spine (2008), and right arm sensory neuropathy was diagnosed in (2011). He took the range of motion notes from a previous exam that I had 2 months ago for adaptive special housing assistance. Then in his remarks it says. Opinion it is less likely than not that the veteran's neck dondition is related to his service connected lumbar strain. No medical evidence exists that indicates that lumbar strain causes DJD of the cervical spine. It is less likely than not that his current neck pain noted in 2008 is related to the in service Motor vehicle accident. He was not complaining of or treated for neck pain while in the service. It is unlikely that neck pain manifested 8 years after the in service accident could be a residua of the accident.

So i'm like WOW, this isn't good, although I have a battle buddy statement noting my complaints to the doctor about neck pain and I also submitted my doctors medical opinion saying that it is more likely than not , that my issues were caused from this accident.

Does this sound like i could lose this case big time or what? Any ideas would be appreciated.

[john999]

The same doctor should not have done both C&P exams. He is biased by past experience with you. I think you could use that for an appeal. The damage from the accident likely could have caused the neck problems and I think you should get benefit of doubt, but my opinion in that arena does not count. The VA has their finger on the scale. Keep appealing. Your best hope is the IMO route.

[Ryguy]

Ok, so should i make an big stink issue out of this before a decision is made by the review officer about having the same doctor do the examination? Or would it just be best to sit and wait where they come back and say, i'm just trying to catch all these errors before a decision is made as i've waited since 2007 on this claim, And where can I find out more information on benefit of doubt?? Thanks so much for your assistance

[iceturkee]

when daytona va was still doing c&p exams, i had several ortho done by my former ortho doctor. one time the va told me it wasn't a conflict of interest. but after the last exam he gave me, my dav rep told me i had grounds to appeal. problem is that i didn't have enough evidence to warrant an increase even on appeal!

[john999]

The easiest way to do this is to get an IMO and get it in before your decision to rebutt anything negative the c&p said and to press you claim for maximum benefits. You don't want to file an appeal unless you have to do it. You don't want to fool around with another half-ass c&p exam that could be worse than the one you got already. I filed an appeal because I got a terrible C&P exam. I got another exam and it was worse than the first one. The doctors knew each other and thought they would put the screws to me.

[Ryguy]

Ok thanks so much John, I definitely had my IMO letter in on time, and I also had my VCAA response letter back into the VA before the exam results were sent to teh review officer So this gives me somewhat of a relief, becuz this has me stressed out. Also at what point would you obtain an attorney if denied, i've been waiting on this claim since 2006, it was denied once, and this is my appeal i'm going through now. Would your next step be an attorney???

The easiest way to do this is to get an IMO and get it in before your decision to rebutt anything negative the c&p said and to press you claim for maximum benefits. You don't want to file an appeal unless you have to do it. You don't want to fool around with another half-ass c&p exam that could be worse than the one you got already. I filed an appeal because I got a terrible C&P exam. I got another exam and it was worse than the first one. The doctors knew each other and thought they would put the screws to me.