SSGmajik Posted July 26, 2012 Share Posted July 26, 2012 I forgot to ask in a different post, but is a goniometer required for a ROM C&P exam? If so, does anyone know where to find the VA regulation on it? Link to comment Share on other sites More sharing options...
Carl the Engineer Posted July 27, 2012 Share Posted July 27, 2012 Yes I do and I have had the request in for about two weeks, so it should be coming any time soon. Hamslice Link to comment Share on other sites More sharing options...
SSGmajik Posted July 27, 2012 Author Share Posted July 27, 2012 Yes I do and I have had the request in for about two weeks, so it should be coming any time soon. Hamslice Okay, just wanted to make sure! Good luck to you & hopefully you get good news soon! Link to comment Share on other sites More sharing options...
USMC5811 Posted July 27, 2012 Share Posted July 27, 2012 Your very welcome SSGmajik. I'm really new to all this but I have been reading numerous BVA decisions to gain knowledge, mainly for my own claim and my husbands claim but....... There are several cases where failure to use a goniometer during C&P exams were mentioned in the arguements. EXAMPLE taken from a case: At his August 2011 Board hearing, the Veteran testified that the VA examinations with which he was provided were inadequate because they did not properly test for certain clinical findings, the basis of which his disabilities are rated; for example, he indicated that in testing his knees, a goniometer was not used to test range of motion. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that it is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). In most of these cases a new C&P was ordered for the Vet - and the decision was deferred UNTIL then. You can find such cases by going here: http://www.index.va.gov/search/va/bva.html . In the search box at this site: just type in something like "failure to use goniometer" and you'll see numerous cases that come up or you could try researching your specific conditon and see if there are any similiar cases like yours. Link to comment Share on other sites More sharing options...
SSGmajik Posted July 27, 2012 Author Share Posted July 27, 2012 Your very welcome SSGmajik. I'm really new to all this but I have been reading numerous BVA decisions to gain knowledge, mainly for my own claim and my husbands claim but....... There are several cases where failure to use a goniometer during C&P exams were mentioned in the arguements. EXAMPLE taken from a case: At his August 2011 Board hearing, the Veteran testified that the VA examinations with which he was provided were inadequate because they did not properly test for certain clinical findings, the basis of which his disabilities are rated; for example, he indicated that in testing his knees, a goniometer was not used to test range of motion. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that it is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). In most of these cases a new C&P was ordered for the Vet - and the decision was deferred UNTIL then. You can find such cases by going here: http://www.index.va....h/va/bva.html . In the search box at this site: just type in something like "failure to use goniometer" and you'll see numerous cases that come up or you could try researching your specific conditon and see if there are any similiar cases like yours. Thank you again! This is great info and I will try to look at as many relative cases as possible. This has been very helpful to me and I really appreciate it! Link to comment Share on other sites More sharing options...
Slowlane Posted August 9, 2012 Share Posted August 9, 2012 So this is great....How do you get the VA to measure you in accordance with CFR 38 and put it in your records??? Bribe? Threat? Ugly stick? Link to comment Share on other sites More sharing options...
carlie Posted August 9, 2012 Share Posted August 9, 2012 So this is great....How do you get the VA to measure you in accordance with CFR 38 and put it in your records??? Bribe? Threat? Ugly stick? I'd start by asking my doc to do it and enter the measurements into my progress / treatment notes. If at a C&P exam I'd do the same. JMHO Link to comment Share on other sites More sharing options...
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SSGmajik
I forgot to ask in a different post, but is a goniometer required for a ROM C&P exam? If so, does anyone know where to find the VA regulation on it?
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