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DICK HILL
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Question

I recently (Oct 14) filed a claim for increase for degenerative arthritis currently rated at 10 percent and increase for Plantar Fasciitis currently rated at 0 percent, and I asked for service connection be established for flatfeet bilateral secondary to SC Plantar Fasciitis. On the 5th of January 2015, I received a letter from the VA saying “We asked the VA medical facility nearest you to schedule you for an examination in connection with your claim. They will notify you of the date, time, and place of the examination.”
A few days later I received a phone call from the C&P section of Frank Tejeda clinic telling me to be at the clinic on 2 Feb 2015. I arrived at 1330 for my 1400 appointment which actually started around 1420. The doctor called me in and started asking questions such as how long have you had foot problems, when did it start getting worse, do you feel pain on a daily basis, are you feeling pain today, and what treatment have you had. I answered all the questions. Then the doctor said “I will send my report to Houston and you should hear something on the increase within three to six months.” He then said let me take you to the front so you can check out. I stopped the doctor and asked if he was going to examine my feet. He said that is not necessary. I said I was expecting a foot examination. He then told me to take off my shoes and socks. He ask again where I was having pain. I told him in the heels, the arches, and the tops of both feet. He touched each area and asked if I was having pain. He then told me to put my shoes and socks back on and escorted to the front for check out.
I am concerned about the examination (really lack thereof). I am wondering if I should request another examination or should I wait to see if the VA increases my 0 percent rating. And if the VA doesn’t increase my rating, should I then submit something to the VA saying I did not have an adequate foot examination?
As always, all help appreciated. Dick Hill
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DICK,

I would not request another exam at this point. You might be able to get a copy of the report of your exam later this week or early next week. You will have to submit a request for the exam report in order to receive a copy. Usually you have to do this through the Release of Information Office at your VAMC. You probably will not be able to get a copy directly from the Frank Tejeda Outpatient Clinic. It would probably be quicker to drive to your VAMC and pick up a copy or you can fill out a form and have it mailed to you.

Once you receive the report of your exam, you should be able to determine if it is favorable to your claim or not. If you think the exam results do not support your claim, you could submit a VA form 21-4138 and submit a 'Statement in Support of Claim" asking for another exam and explain why you thought your exam was deficient. Sometimes the VA grants a request for another exam and sometimes they do not. You never know. If they do not, you can try to get an IMO from a private doctor who specializes in diagnosing and treating your specific condition(s) and try to submit the IMO before a decision is made on your claims. You could also wait to see if your claim is denied before going to the expense of an IMO.

A lot of vets, including myself, have had similar C & P exams. I had an exam for peripheral neuropathy of the lower extremities where the examiner asked a few questions from her computer checklist. She then took what appeared to be an oversized Qtip, broke it in half and started jabbing my legs and feet with the sharp end while asking me to tell her when I felt her sticking me. No EMG or nerve conduction tests were conducted. Also turned out that the examiner was a nurse practitioner. I got a copy of the examiner's report which had been signed off on by a real doctor but there was no doctor present during my exam. Fortunately, the examiner's report supported my claim.

I learned that most C & P exams are conducted by nurse practitioners and physician assistants using a computer checklist with specific questions for different conditions. I even had a Cancer exam performed by a nurse practitioner. I was actually a little surprised that a doctor performed your exam. Are you sure the examiner was a doctor?

Hopefully your exam report will support your claims. I wish you good luck and good health.

Take care.

Georgiapapa.

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I agree with Georgiapapa 100%,

I would get a copy of that exam ASAP it don't sound like it is going to be favorable? but lets hope for the best we just never know how these exams will turn out, if you get a bad report do like georgiapapa mention and get a good ''Qualified'' Indenpendent Medical Opinion

wait and see what they say about it then file NOD & Submit the new IMO and anything favorably to your disability sworn affidav notarize by family and friends attest to the fact of your disability is real.

I was thinking if that medical examiner did not have your c-file then its a botched exam (worthless)

Check out James Crimmp web site

USVA101.ORG.....Check out how to word a Nexus Letter do this before the IMO &Take it with you also check the forums here on hadit.

Thank you for your service

Good Luck!

Edited by Buck52
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Dick Hill

IF you can tune into the hadit.com/blogtalk radio podcast Wed morning you can just listen to it on the computer or call in if you have some question's!

Bob Walsh will be on he is a very good veteran attorney and is very good with veterans claims, you can tell him about how your C&P went and get his advise. the number is 347-237-4819

it starts Wed 2-4-15 at 10:00 am Eastern/9:00 am central/8:00 am Mountain/7:00 am pacific Jbasser & Jerrel are the host there great guys!

Matter of Fact any veteran that has questions about his/her claim please call in and get some free Advice you will be glad you did!

Edited by Buck52
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