Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Sign in to follow this  
maine2000

C&p 10/27/12

Question

I had a C&P exam on the 27th of October,the examiner stated that my numbness in my leg was unrelated to the gulf war.The sleep disturbances(insomnia) he linked to PTSD.The Plantar Fascitis he stated no service connection was found.The examiner did not even deal with the recent X-Rays that showed I have mild (left) and (right)hallux valgus and minimal first metatarsophalangel osteoarthorois(Bilateral.My left knee I have degenerative arthritis and this was not handled either.How should I handle this?

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

Since you don't have a decision, you cannot formally appeal until you have a decision.

What you can do is write a letter to the VA stating that the C&P was, in your opinion, inaccurate, and incomplete,

how it was incomplete, etc. (Evidently it didn't fully address your claimed conditions.)

If you can obtain an IME (independent medical exam) and/or an IMO (independent medical opinion) by a doctor

that is board certified in the appropriate specialty, do so, and include it (or not) with the letter.

The doctor should be very familiar with the VA's requirements.

The argument for including it assumes that the VA is interested in correctly resolving your claim.

The argument against assumes that the VA intends to deny in part or all, and will attempt to preemptively rebut the IME/IMO.

Still, having the IME/IMO in the record, assuming it's favorable, helps setup documentation for an eventual appeal.

Share this post


Link to post
Share on other sites

Ad

maine2000, I went through something similar during my recent awarded claims for Ples Planus (bilateral) and knee pain/problems.the Va had consistently denied these items as service related or stated that I didn't have the claimed problems currently.I had a C&P exam that was a sham about 2 years ago where the C&P doc stated that there was nothing wrong with my knees......Fast forward 2 years, I resubmitted the claim with a copy of my MEB/PEB board results that list these items on the MEB exam conducted by my Orthepedic surgeon (which also served as my exit exam).The VA sent me to 2 C&P exams for these items, first with a contract doctor that said YES I did have Ples Planus and even had Hammer Toe caused by it.The second exam was done at my VAMC by the same doc from 2 years ago.She asked me some questions, referenced my medical records which she had and then examined both my feet and had me do range of motion tests on my knees (during which one of them loudly popped and she noticed it).Also sent me for Xrays for both feet and knees..In the time between exams EVERY TIME I saw my PC doc I complained about my flat feet and knee pain so that it was on my VA treatment record.About 6 weeks after the last C&P I was awarded 50% for ples planus bilateral and 10% for each knee for chondromalasia ( which was in my SMR's numerous times).They also rated me for 10% tinnitus which was also on my med board physical (and I hadn't even included it in the latest claim) and when I was sent to a contract audiologist I had some high range hearing loss.................. Important thing is to get a copy of your exit physical or MEB/PEB board results if you went through one.DO NOT assume that these are in your medical records even if you know they were when you turned over your records when getting out..Mine were in my medical records but when I requested a copy of my SMR from the VA they had magically disappeared.Once you have these records go through them and highlite every single time you went to sick call or sought medical help for the claimed issues,make copies of these highlited pages and send them in to support your claim (certified,return reciept)..Also VERY TIME you are seen by your VA PC doc complain about pain and problems from these issues.They WILL check your treatment records.........About the Insomnia they did the same thing with mine connected it with my PTSD, but part of my PTSD treatment includes meds for the insomnia and sleep problems.That is one of the reasons I think that my PTSD was awarded at 70%............If you get a denial letter for these items be sure to submit a NOD within the required time limit.Then get the documentation you need sent in ASAP............And always remember that the VA docs have the VA's interest first and foremost in their mind and not yours.And you will have to lay it out clearly and without doubt for the rater or they will overlook it...........................Good Luck and don't give up.They want you to give up.I gave up in the 90s and then started again about 4 years ago then stumbled on this site and learned sooo very much.I didn't even get a GULF WAR physical until 2008..............Keep fighting....................Grid

Share this post


Link to post
Share on other sites

Thanks Grid I have been trying to get my records from the time I was in and the exit.The only thing I have is from my Meps entrance info.I will post some of the info from the C&P later.

Share this post


Link to post
Share on other sites

When rated 0% for heart problems secondary to AO DMII I asked my PCP to refer me for some testing since no testing was done when I got the 0%. The NP that did the C&P exam just did an incompetent and incomplete C&P. After more testing and filing a NOD and appeal I got 60% rating which got me "S" smc. The VA has all the testing devices including CT scans and heart testing machines. I bet if you look up your exam schedule many things were left off the exam or were given routine negative answers (vet unfriendly) based just on guesses. To my mine the C&P exam is just round "one" in a ten round fight.

John

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
        • Like
      • 15 replies
    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
        • Like
      • 6 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines