rpowell01 Posted June 19, 2013 Share Posted June 19, 2013 (edited) Well got my results and I was denied on every issue AND on top of this they are going to CHANGE my Cervical Spine Pain to Cervical DDD and Mechanical Low Back Pain to Lumbar DDD BUT they are proposing it to be 0%, both of them. This is all based on ROM. Now, I told you that C&P examiner shafted me deep and she has done that. She lied on everything and I complained to the VA RO about it one week after I had the C&P exam and AGAIN they didn't do anything except believe her. She said I didn't have any spasms or such but the lady never TOUCHED me whatsoever until she put her finger up my butt. That was the biggest shaft ever. How can they say I now have better ROM when in fact my ROM is worse. I am taking high doses of Gabapentin 3200mg a day, Tramadol 300mg, Baclofen 30mg and there is noway my ROM was FULL RANGE OF MOTION. I even told the Regional Office in Bay Pines that my spouse was in the room as a witness and she can testify to the fact I couldn't bend whatsoever. BTW here is what they said about Dr. Bash's IMO: "Letter from Dr. Craig Bash notes you are unemployable due to your reported symptoms of this cervical and lumbar spine; however, no examination results or medical treatment records were attached to support this conclusion."..... Now what do I do about the "Proposed Rating"? Please anybody chime on this because I thinking of taking my butt to the Regional Office and asked to speak to somebody about the C&P exam results. Since they don't read statements that is uploaded then I guess they need to see somebody in person. Edited June 20, 2013 by Tbird Removed objectionable content Link to comment Share on other sites More sharing options...
rpowell01 Posted June 19, 2013 Author Share Posted June 19, 2013 (edited) BTW I have 60 days to submit evidence and I don't know what to submit. If the C&P examiner basically lied on the ROM how can I submit evidence? Unless I get another doctor to say otherwise but what doctor in the Tampa area does DBQs? I know nobody. Edited June 19, 2013 by rpowell01 Link to comment Share on other sites More sharing options...
killemall Posted June 19, 2013 Share Posted June 19, 2013 Darnnit. hate reading this kinda stuff. crazy how one Dr can ripp us apart. Hang in there. some how some way the truth will be known Link to comment Share on other sites More sharing options...
SergeantQ Posted June 20, 2013 Share Posted June 20, 2013 Rpowell01 i'm sorry to read this. Dang, the fight continues... So, with respect of course, are u sure he's lying or perhaps the evidence is not enough to justify the rating? I suggest u take a step back, look at ur evidence again and go line by line with the criteria. Don't give up but dig deeper and speak with someone who had a claim like yours. Good luck and trust me I feel your pain. I was low balled too but I think I have a plan to resubmit and that's the IMO. Good luck, okay? Thadine Q. Link to comment Share on other sites More sharing options...
rpowell01 Posted June 20, 2013 Author Share Posted June 20, 2013 (edited) I am okay. Yes it hurt but I knew it was coming after I read the C&P results one week after the exam. Just be careful with that lady down in Ft Myers. Hopefully Bergmann and Moore will pick up my case from here after I file this NOD Friday and letter to request a personal hearing. I think I asked this already but will they combine TWO NODs into one, at my request, since the NOD all relates to my Service Connected spine? I just read that Bergmann and Moore does to the Regional Office NOD so I hopefully they will pick this up. I also read on here about the 30 day "Request a Personal Hearing for the Proposed Reduction of Benefits" letter. I just read this on a VA website: (38 CFR 3.500(B)(2) c. Evidence Provided or Hearing Requested. If the beneficiary provides new evidence or VA receives a request for a hearing from the beneficiary within 30 days of the date of notice of the proposed reduction, continue benefits at the same rate pending a final decision. Reduce or terminate benefits effective the last day of the month of the FINAL decision or the end of the 60-day period, whichever is later. If new evidence is submitted, another administrative decision is required. If a hearing is held, the Decision Review Officer will suffice for another administrative decision and coach approval. If VSCM approval is required, the Decision Review Officer will submit his/her decision to the VSCM for approval. I don't think I can get my PCP to do a DBQ so I am pretty much out of luck there. I don't know any Doctor who will do them. But I have my witness who was in the room during the C&P exam that I am using as evidence....I will also go see a VSO on Friday whenever I take a trip to the RO to personally submit my NOD and letter for a personal hearing. Maybe I can find one who knows his/her stuff. Be warned ahead of time, to not submit an IMO before a C&P exam, the RO and C&P examiner works together and will use it against you. Edited June 20, 2013 by rpowell01 Link to comment Share on other sites More sharing options...
rpowell01 Posted June 20, 2013 Author Share Posted June 20, 2013 Well just got an email from Dr. Bash and he wants me to fly up there. He guess he is going to do a new DBQ....Hopefully. Link to comment Share on other sites More sharing options...
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