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C&p Results On Previous Denied Claims


Papa

Question

I have attached a copy of my C&P exam for my Back and Knees. What is so unusual about this is that I put in a claim back in 1973, and it was denied because the VA said I never hurt my Back in 1969. I was told by my VSO that if the VA did not see it, it was not there. In 1975, I decided to try it again, maybe this time with my civilian medical reports, they may see that I did injure my Back. This time they said the impression was a strained Back. I did appeal, but failed. I also put in for my Back other times, but it did no good.

In 2-2010, I put in another claim for Agent Orange issues, and also included my Back and Knees. I had a general C&P exam in June 2010, that included my Back and Knees. In April 2012, I received a letter from the VA informing me that they want to see what my current condition was, but did not say for what. In May 2012, I got a call from Houston, that they now see that I was injured in 1969. I had my C&P exam on 6-11-2012, attached are the results.

I would appreciate it if some knowledgeable person (there is a lot on this Board) could tell be what if any rate I would or should receive. At the moment I'm not too worried about the effective date, as I would guess the VA will use 2-2010.

Someone said somewhere on this Board that the VA only sees what they want to see.

Papa

C&P4 6-11-2012.pdf

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Papa, I could only read a small portion of the copies you posted, so its hard to say. It looks like the VA deliberately made this difficult to copy.

What I would do is use this link and look up what the C and P exam is, and compare it to the criteria:

http://law.justia.com/cfr/title38/38-1.0.1.1.5.html

You would need to scroll down, and click the applicable links, to include the bilateral factor.

If your rating specialist does that, then he should arrive at the correct rating, but dont count on him to use the criteria. If you go to the trouble to compare your C and P exam to the criteria, then, when you do get your rating, you have a basis to appeal, since the VA is required to use the criteria to rate you.

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Broncovet,

Have to agree that the VA did not want this copied, and to get it to 2 MB, I had to decrease the resolution at lot. I tried to look at the site that you referenced, but it kept going to the right margin foreversmile.png .

Thanks

Papa

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I have attached a copy of my C&P exam for my Back and Knees. What is so unusual about this is that I put in a claim back in 1973, and it was denied because the VA said I never hurt my Back in 1969. I was told by my VSO that if the VA did not see it, it was not there. In 1975, I decided to try it again, maybe this time with my civilian medical reports, they may see that I did injure my Back. This time they said the impression was a strained Back. I did appeal, but failed. I also put in for my Back other times, but it did no good.

In 2-2010, I put in another claim for Agent Orange issues, and also included my Back and Knees. I had a general C&P exam in June 2010, that included my Back and Knees. In April 2012, I received a letter from the VA informing me that they want to see what my current condition was, but did not say for what. In May 2012, I got a call from Houston, that they now see that I was injured in 1969. I had my C&P exam on 6-11-2012, attached are the results.

I would appreciate it if some knowledgeable person (there is a lot on this Board) could tell be what if any rate I would or should receive. At the moment I'm not too worried about the effective date, as I would guess the VA will use 2-2010.

Someone said somewhere on this Board that the VA only sees what they want to see.

Papa

Papa,

The copy is real hard to read but it sure looks like this doc has stated it's related

to active duty.

Just wait and see what the decision states.

If the effective date for SC is not accurate then perhaps 38 CFR 3.156c might apply

for an earlier effective date.

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Papa,

The copy is real hard to read but it sure looks like this doc has stated it's related

to active duty.

Just wait and see what the decision states.

If the effective date for SC is not accurate then perhaps 38 CFR 3.156c might apply

for an earlier effective date.

Carlie,

I have never received a copy of a C&P report marked up so much. You are correct, this Doctor connected everything to the 1969 injury. I would think that I would be rated around 40%. Is their anyway you can make a guess?

Papa

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Carlie,

I have never received a copy of a C&P report marked up so much. You are correct, this Doctor connected everything to the 1969 injury. I would think that I would be rated around 40%. Is their anyway you can make a guess?

Papa

My guess is 20- 40 percent.

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Carlie and Broncovet; I was reading this and wondering if Papa might have a claim for CUE dating back to his 1973 claim. I am guessing since he didn't keep it open by appealing he does not, but some of these law firms have been aggressive at proving CUE on the VA. Just hoping he might have some type of recourse for their negligence. If we all only knew then what we know now!

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