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My C&p Exam, Need Some Input

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lcplcookba1

Question

First I want to thank the members of this forum, wow, what a vast data base created by the finest men and women that ever walked the face of this earth. Semper FI to all.

So I was medically discharged after a HUMMER hit my MC as I was just minding my own business in 1987. The right side of my body was pretty much destroyed. Currently, I am rated at

20% degenerative disc disease 5243

20% residuals first and second metatarsals 5010-5284

10% residuals gamekeeper 5010-5224

10% interverbial disk syndrome 5243-8522

10% post operative residuals removal of the plica 5257

10% Chronic Bronchitis 6600

0% scars 7805

Combined Rating 60%

Rating decision was 2010

Jan 2015 I had another C&P exam

My current issues are increased pain in back, right leg is completely numb and aching I've been diagnosed with peripheral neuropathy of both feet, sleep apnea, High blood pressure high cholesterol, diverticulitis, gout, yada yada yada.

I'm prescribed 8 Vicon a day 2700 mg gabapentin, linsipril, samivstatin, indomethicine oh man its a full hand full of stuff just to function everyday. I have VA shoes, a cane and a walker. I'm not good. But it is what it is.

The DR commented that my Pulmonary exam was terrible but didn't expand. I tried to comply with everything he asked of me but I'm very guarded when it comes to my pain as it takes weeks to heal.

I haven't worked in 2 years and was making 72k as a sheet metal worker. My life feels like its over but I have custody of 3 ids 11,15 and 17 and must carry on for them.

The wait is murder to find out if the VA will rate me 100% IU. Can I get some input from you guys

Thanks Cook BA

I'm 49 Y/O and feel like I'm 70.

(440765218) C&P exam-pdf.pdf

Edited by lcplcookba1
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Well my hopes are being skillfully suppressed, something I learned in service, But I am confident they will do the right thing hahahaha

Semper FI,

Edited by lcplcookba1
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Hi lcpl:

IMHO, C&P exams always have questionable items in them. What's missing is comparing your C&P Exam to the Rating Decision from the RO. Again, IMHO the VA makes numerouls mistakes by way of errors, omissions, and absences - both intentionally and unintentioinally!

I am not that familiar with all the leg, knee, and foot conditions; however, as requested, I took a pass at a series of questions I'd be asking myself if I were you. I am very familiar with OSA and wether it's secondary to other conditions. The VA loves to deny based upon secondary claims saying "there is no nexus (link) between OSA and Chronic Bronchitis, Chronic Sinusitis, and other conditions". My OSA is sedoncary to CRS (Chronic Rhinitis Sinuitis). Contrary to how the VA and Regional Offices "CONTINUE to DENY" OSA as secondary to, it's well established medically and at the Board of Appeals and Court of Veteran's Claims that OSA is indeed secondary to these conditions.

That said, often the VA/Examiners are correct in their medical opinion, but more often than not they try to deny Vets this one when it is SC's. Most of my research focuses on OSA secondary to CRS, but I do know there are cases supporting it seconcary to Chronic Bronchitis.

It would be instrucitve to compare your Rating Dx to the C&P exam and how the Rater missed things or follwed the Examiners opinions, but ignored evidence in you your favor.

Here's a copy of your C&P marked up in PDF:

LCPL'S C&p MARKED UP WITH QUESTIONS.pdf

Edited by ping jockey
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ping jockey, First I want to thank you for your very detailed and thoughtful mark up.

A lot of us forget that we are not actually dealling with someone who is championing our cause in these exams. I don't want 1 thing I don't deserve from the VA but just what my service entitled me. I wasn't wounded in combat and sometimes I feel guilty about it, but I know it wasn't in my cards. My life has however been impacted by my conditions and need people like you to help guide me in the right direction. I can only hope the RO looked at my complete record and comes to see the truth about my condition. Once I get my decision I will post it and compare the 2. I wonder what the fastest approach is, NOD new C&P exam or straight appeal. This worrying might be for not but Optimism has left the building and my OCD is relentless. Thanks again buddy, I'll keep in touch

Edited by lcplcookba1
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  • HadIt.com Elder

I believe the veterans has to be 60%SC before they can increase his rating to 90%combined rating for TDIU
however a good IMO that can be SC to ''ADD the % needed for the TDIU.

You can have a lower sc % say 50% SC you need another 10% for the VA to consider TDIU ESPECIALLY if you can not work because of your SC disability's

The Minimum requirement for entitlement to individual unemployability is one disability evaluated at 60% or a combined evaluation of at least 70% with one disability at least40% along with the inability to secure and follow substantially gainful employment as a result of those disability's,

To meet the above evaluation of one 60% disability, or one 40 % disability in combination , the following will be consider as one diasbility

I Would request a DRO hearing At your local RO and take the IMO and any new CREDITABLE medical evidence you have!
JMO

Edited by Buck52
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