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Question On What To Do Next

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tsowen

Question

Recently I filed a claim for:

Claim Received: 03/06/2013

Claim Type: Compensation

Claim Closed: 02/01/2014

Contentions: Thoracic strain with lumbar facet arthropathy L5-S1 (Increase), cervical strain (claimed as tendonitis of neck) (Increase), PTSD- personal trauma w/anxiety d/o and panic attacks (New), Pinfueculitis, bilateral eye (New), VBMS (New), Right ankle, stable joint, aterior talodibulat chronic strain (Increase)

My files are routed through the Houston Regional Office. During the QTC exam the Doctor only filled out the questioner and gave me an x-ray of my neck and back, no physical exam was conducted on either. My back was changed to thoracic strain with lumbar facet arthropathy, L5-S1 with IVDS and radiculopathy and my neck is still listed as a cervical strain and I was denied for increase and still I am rated at 10% for both ratings and the Doctor for the QTC verbally told me that both conditions has gotten worse in his medical opinion but as I stated no physical exam, range of motion or anything was conducted, just the questioner and an x-ray which I already had when I was previously awarded 10% for both service connected injuries, where a range of motion was conducted during those two exams. On my claim I also claimed two new conditions one for pinguecula in both eyes and PTSD and did not have a C&P for either. Both of those claims were also denied. I had a separate C&P exam conducted by QTC for the Right ankle, stable joint, aterior talodibulat chronic strain (Increase) and the Doctor for this exam was pretty confused and asking my rudely why I thought my condition had gotten worse and what was worse about it when I had already filled out the questioner provided by QTC for this exam which he had in front of him. My ankle recently rolled on me prior to the exam so during the exam it was swollen and he kept asking me why was my leg shaking when trying to do the range of motion test, and was I nervous which was causing my leg to shake. I told the examiner that I was in pain and trying my best to do the resistance test. This claim as well was denied so I was denied for all 5 claims. Both QTC exams one for the neck and back and the other for my right ankle were all conducted in the same QTC facility. So what should I do next? Should I file an appeal, reopen the case and see my Primary Care Physician and have him conduct a C&P exam for my neck and back? My neck is the main concern where I always have to pop it to relive the tension.

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So I received my notice and it was pretty vague. For the increase in for thoracic strain with lumbar facet arthropathy, L5-S1, with IVDS and radiculopathy was added to the disabilty but no increase. It only stated what needed to be done to receive 20 or 30 percent which include ROM and as I stated no ROM was cunducted at my C&P exam.

For the Cervical Strain the same as above it only stated an evaluation remained at 10% and cited what needed to be met for a higher rating which included ROM and again for my C&P exam no ROM was tested.

For the PTSD and pingeculla it stated no service connection could be found so both were denied.

For the Right ankle, stable joint, aterior talodibulat chronic strain (Increase) nothing was mentioned or listed in the Rating Decision, not even one mention and this is the last exam I had at QTC where a ROM was conducted, prior to the C&P exam I had rolled my ankle and it was swollen and tendor during the exam. In eBenifits it says Decision Notifacation Sent, Development letter sent. The claim is now closed as of 2/1/2014.

For my neck I receive 10%, back 10% and ankle 10%. I have an appointment with my VSO tomorrow.

Thing that bothers me is my neck is not just a cervical strain, it hurts daily. I have also put in a secondary claim for Sciatica as part of my original claim awarded thoracic strain with lumbar facet arthropathy, L5-S1 with IVDS and radiculopathy

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Did you serve in combat while you were in the infantry? Do you have a CIB? How did the VA determine your PTSD was not service connected?

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