Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Shoulder C&p Question

Rate this question


jeffs17

Question

When I had my exam for my shoulder a week or so ago on the range of motion tests I could hardly do them, and in the results the examiner wrote up "unable to perform test" on all the above chest level tests, are these words going to help or hurt the rating because he did not get a actual measurement for range of motion. Thanks in advance. I am already service connected for shoulder, this was the increase exam.

Jeff

Link to comment
Share on other sites

  • Answers 6
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

6 answers to this question

Recommended Posts

  • HadIt.com Elder

Try to go and get a copy of the exam.

That will tell you more inmformation.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

well I read my report on MyHealthevet site and it stated something about a work around and it was impossible for the examiner to make a decision or opinion due to the limited range of motion and pain on the exam.

Link to comment
Share on other sites

  • HadIt.com Elder

Can you spell denied?

You need to quit paying attention to crap on Ebenefits.

The actual exam report is what you need. This includes notes from the RO about your shoulder.

You may need an independent medical opinion.

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

jeffs17, it will kind of depend on what the examiner said in the report. If he said he couldn't test you becuase your shoulder is so mssed up and he thinks it due to a service related condition you would be service connected for the shoulder.

If he said the shoulder was not able to be tested and he was not able to give an opinion to whether he thought it was related to service then you will be denied, and like jbasser said you will need an IMO to evaluate your shoulder condition. If you get a copy of the exam and look at the opinion section you can tell pretty much whether or not he thinks your shoulder is related to your service or not.

Link to comment
Share on other sites

It will depend on what the examiner states is the reason for not being able to test the shoulder. If he said the shoulder is messed up and couldn't be tested that is one thing.

If he says he couldn't test because he felt you were unnecessarily "guarded" then that would not be good.

If he states he believes your shoulder was acute at the time of the exam but should improve then VA may confirm and continue your current status and set you up for a future exam.

It's hard to tell what the examiner siad. You'll just have to wait until you can get a copy of the C&P exam report of findings. It should be available by 30 days after the exam if not sooner.-- But Good Luck--

Edited by harleyman
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use