C&p Exam Wording

[lcplcookba1]

I found this statement several times in my exam, mostly referring to Pain or difficulties doing something "The examination neither supports nor contradicts the Veteran's statements describing functional loss during flare-ups." Does the benefit of the doubt go to the veteran since the bar is set to 51% whether or not its true. Also, As with repetitive use of an injury just because the doctor wasn there to witness the pain does the rater assume it never happens?

[jbasser]

Who?

Copy your exam and Cover up your name, SSN and other identifiers and scan it as a PDF and upload it here so we can look it over.

JBasser

[lcplcookba1]

Copy your exam and Cover up your name, SSN and other identifiers and scan it as a PDF and upload it here so we can look it over.

JBasser

Here you go JBasser thanks!

(440765218) C&P exam-pdf.pdf

Edited January 31, 2015 by lcplcookba1

[jbasser]

Read the exam closely. The only thing that matters is the following statements.

Opinion: was not due to ==100 percent against.

not likely 75 percent against

at least as likely as not = 50 percent (Benefit of doubt kicks in)

most likely = 75 percent sure

was due to= 100 percent sure.

In my opinion, You are going to have to appeal thses issues. Was the examiner a Nurse of MD?

You may need to get an IMP from a MD. This could use the expertise of Dr Bash.

Basser.

[lcplcookba1]

Read the exam closely. The only thing that matters is the following statements.

Opinion: was not due to ==100 percent against.

not likely 75 percent against

at least as likely as not = 50 percent (Benefit of doubt kicks in)

most likely = 75 percent sure

was due to= 100 percent sure.

In my opinion, You are going to have to appeal thses issues. Was the examiner a Nurse of MD?

You may need to get an IMP from a MD. This could use the expertise of Dr Bash.

Basser.

Yes I have read it several times the sleep apnea and Lft knee/foot will be denied SC I already know that and the only sC I can find with my Apnea is the fact my SC disabilities in no way allow me to exercise and I am heavier than I would like to be. Because of it, My Service connected Chronic Bronchitis truly has no connection to sleep apnea according to all published medical studies. So that was a long shot. What they can't deny me is the fact my forward flexion is 25deg and my FEV-1 is 62% predicted which by law calls for 40% and 30% both of which would be an increase ffrom 20%DDD and 10% CB respectively from an existing SC rating. This coupled with post op residuals 10%,IDSL nerve damage 10%,residuals rt thumb 10% and risiduals first and second metatarsals 20% all existing satisfy the 40%/70% requirement and should give me a combined rating of 80% which would satisfy the 40%/70% Combined Requirement for IU. Now I don't know what other requirements I would need, I'm certain if they can find a way to deny me they will But I do think I have a decent case for IU but I'm still worried because I don't have an IMO is that what this Dr bash does? I'm sure if they don't see it my way I will have to appeal but I can't afford a DR cause I haven't been able to work, I think they are counting on that. What ya thing brothern,lol

Edited January 31, 2015 by lcplcookba1

[jbasser]

IU is a possibility. Wait till you get the letter. Then proceed from there.

J