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C&p Exam

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twshort

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I disagreed with the award of 10% cubital tunnel syndrome. The Louisville RO scheduled a C&P exam with a doctor at Huntington WV. The examiner did not have any of my files at the time of the exam and speculated that I had an additional injury to my arm/elbow I told him I was lifting a box of paper and from that time on the symptoms was continues and not off and on. Nowhere in my medical records documented a second injury. The entire exam he kept referencing a book when he examined me for my cubital tunnel syndrome. I was under the impression he did not know what the condition was. The first C&P the VA’s examiner disagreed with my condition being service connected but on the exam the examiner referenced moderate symptoms and not mild as with several private doctors that did and an IMO from Dr. Jerry Bush. The BVA awarded service connection. Now the RO sent me a SOC and has proposed severance of service connection due to CUE. Do I have to prove again of service connection or appeal to the BVA this incompetent examiner’s theory?

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I agree, I have had claims since 1992 won 20% for DJD left ankle I represented myself. I had bad experiences with reps. I had to use a attorney for my left elbow fracture residuals that was at the USCFVA which was then sent back to the BVA and granted SC 02-07-2011 10% fractured elbow and 10% for cubital tunnel syndrome as secondary. I disagree with the CTS rating and now with the last VA examiner (who had to reference a medical book to know what CTS was) that gave his opinion the RO proposed to sever service connection, but my VA9 is very strong and pointed out what part of the law the RO failed to apply. But it is strange that no benefits has been reduced and the VA has forwarded my appeal to the BVA.

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Update received SSOC. VA has decided the continuous of service connection and requesting why I disagree with the rating. I sent an additional VA9, will wait and see.

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The C&P was with ENT for my hearing. Got a call from my Congressman’s office my elbow claim is with the DRO for a decision according to their contact. Have to wait on the brown envelope to see.

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