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C&p Exam For Knee

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jackdays

Question

NEED HELP IN TRANSLATING THE C&P REMARKS

OPINION RESPONSE

THE STR'S ARE SILENT FOR ANY RIGHT KNEE CONDITION. HIS CURRENT RIGHT KNEE CONDITION IS MORE LIKLY THAN NOT DUE TO TO THE AFFECT OF AGING AND MUSCULOSKELETAL DECONDITIONING.

THE STR' ARE SILENT, DOES THAT MEAN THAT THERES NO DOCUMENTAION IN MY STR.

ITS DOCUMENTED IN MY STR. SHOULD I SEND THEM MY STR THAT SAYS I WAS TREATED TWICE FOR STRESS FRACTURE RIGHT MTP FRACTURE

THANKS ANY ADVISE IS GREATFULLY APPRECIATED.

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STRS are silent ...means... there is no mention of this condition in the STRs (in the evidence that the VA has, which has been reviewed there is no mention of the claimed condition)

Yes.... send them any Active Duty STRS that you have that show you have treatment for the claimed condition. (it's called evidence). If VA has no evidence of the condition in service you claim will be denied. So by all means if you have evidence, make copies, and sent them certified to the Regional Office.

The examiner says there is no evidence but, why would the VA send you to an exam without evidence in the first place? Were you discharged within a year of filing your claim for compensatioin? I am wondering if this is a gen med exam.

Edited by harleyman
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BEEN OUT SINCE 1977. THEY SENT ME TO AN ORTHO DR FOR EXAM. MAYBE THE EXAM DR DIDNT SEE THEM. HAD THE EXAM ON THE 7-17-2013. I SAW THE RESULTS @ MY HEALTH EVET YESTERDAY. AM GOING TO SEND THEM TOMMAROW. MAYBE IM NOT TO LATE. THANKS

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STRS are silent ...means... there is no mention of this condition in the STRs (in the evidence that the VA has, which has been reviewed there is no mention of the claimed condition)

Yes.... send them any Active Duty STRS that you have that show you have treatment for the claimed condition. (it's called evidence). If VA has no evidence of the condition in service you claim will be denied. So by all means if you have evidence, make copies, and sent them certified to the Regional Office.

The examiner says there is no evidence but, why would the VA send you to an exam without evidence in the first place? Were you discharged within a year of filing your claim for compensatioin? I am wondering if this is a gen med exam.

STRS are silent ...means... there is no mention of this condition in the STRs (in the evidence that the VA has, which has been reviewed there is no mention of the claimed condition)

Yes.... send them any Active Duty STRS that you have that show you have treatment for the claimed condition. (it's called evidence). If VA has no evidence of the condition in service you claim will be denied. So by all means if you have evidence, make copies, and sent them certified to the Regional Office.

The examiner says there is no evidence but, why would the VA send you to an exam without evidence in the first place? Were you discharged within a year of filing your claim for compensatioin? I am wondering if this is a gen med exam.

The examiner says there is no evidence but, why would the VA send you to an exam without evidence in the first place? because STRs is one element in service connection that does not always have to be medical evidence. A Veteran's lay statement can establish an event or incurrence in service. See 38 CFR 3.303(a). There are many factors that might have contributed to the examiner's negative opinion in this case. It was possible that the RO did not send the STRs for the examiner to review. It was possible that Veteran's lay statement was inconsistent against the evidence shown in his STRs. It was possible that the examiner mistakenly cut and paste from one report to the other...this is not unusual as they examine tons of Veterans for C&P purposes. It was also possible that the Veteran did not submit his complete STRs or the RO received only partial STRs from the Service Department when they requested for this Veteran's STRs. The point is there are tons of possibilities and it is hard to pinpoint exactly the reason for the negative opinion by the examining C&P doctor without actually looking at this claimant's file. We can only speculate at this point. What this Veteran's needs to do is to request for a copy of his examination report and/or call the RO and ask whether they have complete and full STRs covering all his entire service.

Edited by sambo808
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Sambo808-

I agree with all that you said.

That is why I asked the Veteran if he filed his claim within one year of discharge, as the Vet's statement and a diagnosed condition within one year is enough for an exam. It is not necessarily enough for service connection; however, it has been my experience that the examiner misses something in the record and then screws uf the report of findings, and the exam and cfile then has to go back to the examiner for further review or clarification.

If the veteran has been discharged quite some time ago, iI suspect there is a problem with the exam/ examiner. Hopefully the Rater will catch this if in fact the examiner missed something in the records.

It is VERY important Veterans send in their STRs, to support their claim. VA cannot, and is not always successful in getting the Veteran's Active Duty STRs to support the claim.

Edited by harleyman
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NEED HELP IN TRANSLATING THE C&P REMARKS

OPINION RESPONSE

THE STR'S ARE SILENT FOR ANY RIGHT KNEE CONDITION. HIS CURRENT RIGHT KNEE CONDITION IS MORE LIKLY THAN NOT DUE TO TO THE AFFECT OF AGING AND MUSCULOSKELETAL DECONDITIONING.

THE STR' ARE SILENT, DOES THAT MEAN THAT THERES NO DOCUMENTAION IN MY STR.

ITS DOCUMENTED IN MY STR. SHOULD I SEND THEM MY STR THAT SAYS I WAS TREATED TWICE FOR STRESS FRACTURE RIGHT MTP FRACTURE

THANKS ANY ADVISE IS GREATFULLY APPRECIATED.

The problem may be that your MTP joint is located at the back of your big toe, not your knee. MTP stands for Metatarsophalangeal joint

Edited by bluevet
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