C&p Repeat?

[sbrewer]

Just to catch you up to speed, Here's the story and a question...

My husband filed 1151 for his toe which was denied and appealed.. He had a C&P on July 17. The NP that did the C&P said he could see the toe did not bend but could not say it would bend previous to surgery and it would probably be best for myself and our daughter to write a letter stating that it would bend. Well, he was going to wait and get a copy of the C&P to see what the NP wrote before we wrote our letters. Oh and he works at the VA as well, so yesterday 7/19 he gets a call from a dr. so and so who tells him he needs to come back to him for more examinations. So he went and then today he was sent back for another x-ray, which the radiologist said would be better I guess to compare it the the previous two x-rays. One was taken before surgery and one after. Does anyone know what this means?

Thanks,

sbrewer

[Guest jstacy]

When a VA Radioligist reads an Xray, They use a previous one to compare the new one too. They will write a report like this.

There are changes in whatever to whatever from previous study. Get a copy asap. They are available the next day after the Xray.

Radiologist do not write opinions.

Edited July 20, 2006 by jstacy (see edit history)

[john999]

Sbrewer

That sounds good to me. For whatever reason the VA doctors sound like they actually want to help your husband. This is a rare event and I would cooperate 100% while keep you eyes open any tricks the VA may try and pull. The only doc at the VA who ever went out of his way to help me was the guy who did my AO exam. He is no longer there. They got rid of him in a hurry.

[sbrewer]

Thanks guys,

I just talked to my husband who had his C&P results and the dr. wrote it "was as likely as not" that the surgery caused a hammer toe. He noted that there was no mention of hammer toe before surgery and no mention of it until 4 months after the surgery. I think this is good news, but don't know if it will rate at anything or not. This is the toe next to the big one. Any input would be appreciated...

Thanks,

sbrewer

[Guest jstacy]

Well with that statement it is more than 50 50 that the claim will be approved.

That is a good opinion.

[Berta]

I agree- sounds good but how the VA will rate this is very hard to say.

[Vike17]

Here's what the rating schedule looks like that pertain to your claim;

5276 Flatfoot, acquired:

Pronounced; marked pronation, extreme tenderness of plantar

surfaces of the feet, marked inward displacement and severe spasm

of the tendo achillis on manipulation, not improved by orthopedic

shoes or appliances:

Bilateral.......................................................................

...................................... 50

Unilateral ................................................................................

.......................... 30

Severe; objective evidence of marked deformity (pronation,

abduction, etc.), pain on manipulation and use accentuated,

indication of swelling on use, characteristic callosities:

Bilateral.......................................................................

...................................... 30

Unilateral......................................................................

..................................... 20

Moderate; weight-bearing line over or medial to great toe, inward

bowing of the tendo achillis, pain on manipulation and use of

the feet, bilateral or unilateral ................................................................................

.. 10

Mild: symptoms relieved by built-up shoe or arch support.............................................. 0

5277 Weak Foot, bilateral:

A symptomatic condition secondary to many constitutional conditions,

characterized by atrophy of the musculature, disturbed circulation,

and weakness:

Rate the underlying condition, minimum rating .................................................... 10

5278 Claw foot (pes cavus), acquired:

Marked contraction of plantar fascia with dropped forefoot, all toes

hammer toes, very painful callosities, marked varus deformity:

Bilateral.......................................................................

...................................... 50

Unilateral......................................................................

..................................... 30

All toes tending to dorsiflexion, limitation of dorsiflexion at ankle

to right angle, shortened plantar fascia, and marked tenderness

under metatarsal heads:

Bilateral.......................................................................

...................................... 30

Unilateral......................................................................

..................................... 20

Great toe dorsiflexed, some limitation of dorsiflexion at ankle,

definite tenderness under metatarsal heads:

Bilateral.......................................................................

...................................... 10

Unilateral......................................................................

..................................... 10

Slight…………………………………………………………………………………0

5279 Metatarsalgia, anterior (Morton’s disease), unilateral, or bilateral....................................... 10

5280 Hallux valgus, unilateral:

Operated with resection of metatarsal head................................................................. 10

Severe, if equivalent to amputation of great toe............................................................ 10

5281 Hallux rigidus, unilateral, severe:

Rate as hallux valgus, severe.

Note: Not to be combined with claw foot ratings.

5282 Hammer toe:

All toes, unilateral without claw foot............................................................................ 10

Single toes............................................................................

........................................ 0

5283 Tarsal, or metatarsal bones, malunion of, or nonunion of:

Severe..........................................................................

.............................................. 30

Moderately severe ................................................................................

..................... 20

Moderate ................................................................................

.................................. 10

Note: With actual loss of use of the foot, rate 40 percent.

5284 Foot injuries, other:

Severe..........................................................................

.............................................. 30

Moderately severe..........................................................................

............................ 20

Moderate ................................................................................

.................................. 10

Note: With actual loss of use of the foot, rate 40 percent.

I hope this helps!

Vike 17

Edited July 20, 2006 by Vike17 (see edit history)

[sbrewer]

Thanks everyone,

It looks like a 0% for hammer toe but the thing is the toe is locked at the middle joint and does not bend at all so I don't know what that would be considered. With that being said, I have another question...

He got a copy of the C&P and there were things in it that were wrong as in the constant pain that he is in, they said he denies constant pain..not true

And medicines...he takes Tramadol as well as other things trying to ease the pain and they said he does not take Tramadol..

What should he do about this? Do we wait to here from the RO or can you say anything about the C&P?

Thanks,

sbrewer

[Guest allanopie]

>There are changes in whatever to whatever from previous study. Get a copy asap.

I would like to add, that they will charge you for copies of exrays.

MRI's, MRA's may run a couple hundred bucks.

I was told at radiology they throw them out after 5 yrs, I felt I had no choice but to buy a copy of the MRI series of the brain, in order to preserve a copy showing the "corpus callosum lesions". Especially since the VA was only willing to provide a diagnoses of, "Neuromuscular disorder of Unknown cause".

I think it was around $150, for the copy of the one MRI. But that was in 1997.