Stun!

chiefhouse00 · March 1, 2015

Greetings

I checked eBenefits and saw that my NOD with six contentions closed on 26 Feb but no change in VA rating letter. Is there a delay in updating the VA Rating Letter? I should get the VA Decision Letter soon. I was hoping for an increase but it don't look that way. More to follow...

v/r

Chiefhouse

Navy04 · March 1, 2015

With the crazy weather, you should see an update within a week. Sometimes with this claims, your letter online wont even update until you have received it in the mail. Glad to see your claim finally finished and good luck

georgiapapa · March 1, 2015

I would keep checking your "Benefit Summary Letter" daily. It is usually updated a few days after your claim is closed on ebenefits.

Good luck to you.

me.plum · March 1, 2015

Now that is good news!!

chiefhouse00 · March 3, 2015

Greetings

As I suspected my claims were denied again by the VA here in Hawaii. Once I get over this shock and gather my thoughts, I will provide more details on what occurred. I provided my military service medical records, VA medical records and current medical records, and the RO totally dismissed those legal documents. I have nothing to hide and only want fairness, and that didn't happen. I would like the Sec of the VA to have the VA IG take a hard look at this VA facility because things here are not right. My VA doctors and C&P examiner confirmed my diabetes and depression condition but the RO had two other C&P doctors (within the last two weeks) disagree with their assessments of my medical condition. So, yes, I'm in disbelief with this outcome but very determine to have this whole process reviewed.

Best Regards

Chiefhouse

Edited March 3, 2015 by chiefhouse00 (see edit history)

Chuck75 · March 3, 2015

Remember that evidence in "equipoise" goes to the veteran. It looks like the RO went C&P shopping, which although a common situation in the past, is not supposed to happen. I'd wonder if an email outlining the problem to Hicky might shake things up a bit, after you protect dates with an NOD.

63SIERRA · March 3, 2015

CP exams by people outside of the vets immediate care circle are the sham of shams. The vets Primary should be in the loop on all exams, sitting in the room, next to the vet, if an expert in a specific area is needed. I can just imagine how many vets files arent even read before the CP examiners record thier opinions.

georgiapapa · March 3, 2015

CP exams by VA NPs, PAs and sometimes even VA primary care MDs are a sham. Many if not most medical conditions evaluated for disability compensation are usually conditions requiring treatment by an MD specializing in the diagnosis and treatment of those particular conditions.

When conducting C & P exams and rendering expert opinions, the VA should be held to the same standards as veterans when they have private IMEs and submit private IMOs to support their claims. The VA would give no consideration to an IME conducted by a private NP or PA and often very little consideration for IMEs performed by a private primary care MD. Also, the VA would not give any credibility to an opinion rendered in an IMO prepared by a private NP or PA and sometimes minimal or no credibility to an opinion rendered in an IMO prepared by a private primary care MD. There is no level playing field for veterans trying to get a fair and thorough medical evaluation in the VA disability claims process. JMO

john999 · March 3, 2015

An NP did my cardiac C&P some years ago. It was the most incompetent exam I ever had at the VA, and I have had some bad ones over the decades. I got 60% on appeal after getting a 0% rating due to the NP exam. I got more evidence from the VA. I don't even understand how the VA interpreted the evidence, but I got a decent rating. I have never had a decision good or bad that really makes sense. Don't give up.

John

chiefhouse00 · March 5, 2015

Greetings

The RO used the following last minute C&P DBQ's to deny my claims for Restriction of Activities, Neck Stiffness, and Headaches vice assessment frommy VA Doctor (for the last 8 years) and C&P examination conducted Nov 2014. Also, the RO discredited my ER visit records and didn't reference any DBQ's to deny my Depression claim. I will provide the RO Decision Letter on my next post.

LOCAL TITLE: MEDICAL C&P REPORT

STANDARD TITLE: INTERNAL MEDICINE C & P EXAMINATION CONSULT

DATE OF NOTE: FEB 11 ENTRY DATE: FEB 11, 2015

URGENCY: STATUS: COMPLETED

Medical Opinion

Disability Benefits Questionnaire

Name of patient/Veteran: (Me)

Indicate method used to obtain medical information to complete this

document:

[X] Review of available records (without in-person or video telehealth

examination) using the Acceptable Clinical Evidence (ACE) process

because the existing medical evidence provided sufficient information

on which to prepare the DBQ and such an examination will likely provide

no additional relevant evidence.

Evidence review

---------------

Was the Veteran's VA claims file reviewed? Yes

If yes, list any records that were reviewed but were not included in the

Veteran's VA claims file:

C-file reviewed in VBMS and virtual VA. CPRS.

MEDICAL OPINION SUMMARY

-----------------------

RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: Please provide the following

clarification: Veteran is claiming headaches. He complained of frontal

headaches in service. His VA treatment records note of headaches/tension

headaches. Please provide an opinion as to whether it is at least as likely

as not that the veteran's current headache diagnosis was incurred in or

caused by his complaints of frontal headaches during military service.

Please provide a rationale.

POTENTIALLY RELEVANT EVIDENCE:

STRs - frontal headaches (tabbed)

VA treatment records - headaches/tension headaches

b. Indicate type of exam for which opinion has been requested: Medical

Opinion Only

TYPE OF MEDICAL OPINION PROVIDED: [MEDICAL OPINION FOR DIRECT SERVICE

CONNECTION]

b. The condition claimed was less likely than not (less than 50%

probability) incurred in or caused by the claimed in-service injury, event

or illness.

c. Rationale: Veteran with claim of service connection for headaches.

Based on the veteran's current VHA treatment records, veteran with tension

headaches. Current diagnosis of tension headaches is consistent with

veteran's known neck pain from cervical degenerative disc disease which can

be a common trigger of tension headaches. Current diagnosis of tension

headaches is also consistent with the description of the headaches by the

veteran in CPRS VHA Primary Care Outpatient Note dated 10/30/13, described

as "... having pain to neck, with tension which climbs to the back of his

neck and onto his scalp." Although veteran with a remote history of

frontal headaches in his service medical records (STR 12/11/69 and

10/5/71), based on the description/location of these headaches in service,

these frontal headaches in service are NOT consistent with tension

headaches and therefore are unrelated to the veteran's current diagnosis of

tension headaches. In addition, there is no objective evidence of

continuity between the veteran's current tension headaches and military

service. Therefore the veteran's claimed headaches with a current

diagnosis of tension headaches is less likely than not incurred in or

caused by the claimed in-service injury, event or illness.

=========================================================================

Date/Time: 03 Feb 2015

Note Title: MEDICAL C&P REPORT

Date/Time Signed: 03 Feb 2015

-------------------------------------------------------------------------

Neck (Cervical Spine) Conditions

Disability Benefits Questionnaire

Name of patient/Veteran: (ME)

Indicate method used to obtain medical information to complete

this document:

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file (hard copy paper C-file)

reviewed? [X] Yes [ ] No

If yes, list any records that were reviewed but were not

included in the Veteran's VA claims file: VBMS/CPRS

1. Diagnosis

------------

Does the Veteran now have or has he/she ever been diagnosed with

a cervical spine (neck) condition?

[X] Yes [ ] No

[X] Other Diagnosis

Diagnosis #1: CERVICAL DEGENERATIVE DISEASE

ICD code: 722.4

Date of diagnosis: 2004

2. Medical history

------------------

a. Describe the history (including onset and course) of the Veteran's

cervical spine (neck) condition (brief summary): VETERAN IS HERE FOR

CLAIM OF NECK STIFFNESS DUE TO SC HEPATITIS C. THIS WAS DIAGNOSED IN

RECORDS AS CERVICAL DEGENERATIVE DISEASE RIGHT HANDED

MILITARY: Air Force 8/1969-8/1999

WORK: COMPUTER LOGITICIAN

VETERAN STATE:

ONSET: 1985 PLAYING BASKETBALL AND KNOCKED DOWN AND WENT TO

ER. INITIAL C&P (2000) EXAM WAS IN DETROIT. TOLD THAT HAD

BULGING DISC IN CERVICAL REGION. WORSENED IN 2013 WHEN FELL DOWN THE

STEPS 6-8 STEPS AND HIT BACK OF HEAD AGAINST WALL HAD BEEN PLACED ON NEW

MEDICATION WHICH WAS SUPPOSED TO BE TAKEN AT NIGHT FOR PROSTATE. SEEN AT

TAMC. STILL WITH PROBLEMS WITH NECK.

GIVEN BRACE NO THERAPY.

PAIN: CONSTANT "SHARP/DULL" 6/10

FLARES: 9/10

TRIGGERS: UNKNOWN BUT THINKS MAYBE STRESS, OR POSITIONAL.

POSSIBLY SITTING TOO LONG SO GETS UP WALK AROUND EVERY 20 -30 MIN.

FREQ OF FLARES: 3 TIME/WEEKS

TREATMENT: TRIES TO RELAX. BAYER ASA WITHOUT SIDE EFFECTS

DURAION: 1 HOUR

LOCATION: RIGHT WORSE THAN LEFT

BRACE WORN

5/22/70 neck still pain check xray

5/22/70 cervical xray no sig agn

5/27/70 eval neck cspin neg, still painful

6/12/96 eval stiff neck dx cervical strain/sprain

2/1/00 rating neck stiffness denied

6/3/01 er eval neck pain dx wryneck

6/18/01 gi eval 16 week eval peg/ribavarin went to er for

neck pain june 3, dx with muscle spasm and given nsaids, felxeril dx ms

pain in neck

7/11/01 gi eval peg/ribavarin previous neckpain/muscle spasm

resolved.

7/29/04 mri cerical disc c3-4.

8/13/04 neuro eval left ulnar dist pain. mri disc c3-4. dx

ulnar compression

2/22/06 va eval notes dx djd cervical and lumbar

8/18/06 eval neck pain. l sided neck pain x 1 day. dx

cervicalgia

3/14/07 neuro eval neck and back pain f/u posterior neck

pain. no dx given

2/29/08 va initial no mention of neck pain

4/3/12 er eval syncope hurt head, neck back dx syncope

4/3/12 ct cervical degen dz.

4/4/12 neck and back pain noted

5/4/12 er eval for ha and fver. notes neck stiffness and sub

acute ha x 1 mo after fall. dx fever, ha, uri, htn

5/30/12 neuro eval note neck and back pain

1/18/13 va eval syncope. out for 2 min with neck pain. wear

neck brace

1/19/13 mri neck deeggn

9/3/13 vae neck degen spine not incurred in service.

11/4/13 neck pain and ha since accident in may 2012. taking

neurontin and fioricet. known oa of the cervical spine dx cervicalgia,

va eval neck pain/ha since 2003 injured in 1970

1/6/14 neck pain since 1970.

b. Dominant hand:

[X] Right [ ] Left [ ] Ambidextrous

c. Does the Veteran report that flare-ups impact the function of

the cervical spine (neck)?

[X] Yes [ ] No

If yes, document the Veteran's description of the impact

of flare-ups in his or her own words: SEE ABOVE

d. Does the Veteran report having any functional loss or

functional impairment of the cervical spine (neck) (regardless of

repetitive use)?

[X] Yes [ ] No

If yes, document the Veteran's description of functional

loss or functional impairment in his or her own words: SEE ABOVE

3. Range of motion (ROM) and functional limitations

---------------------------------------------------

a. Initial range of motion

[ ] All Normal

[X] Abnormal or outside of normal range

[ ] Unable to test (please explain)

[ ] Not indicated (please explain)

Forward Flexion (0-45): 0 to 25 degrees

Extension (0-45): 0 to 10 degrees

Right Lateral Flexion (0-45): 0 to 25 degrees

Left Lateral Flexion (0-45): 0 to 25 degrees

Right Lateral Rotation (0-80): 0 to 30 degrees

Left Lateral Rotation (0-80): 0 to 25 degrees

If abnormal, does the range of motion itself contribute

to a functional loss? [ ] Yes, (please explain) [X] No

Description of pain (select best response): Pain noted on exam but does

not result in/cause functional loss

If noted on examination, which ROM exhibited pain (select

all that apply)?

Forward flexion, Extension, Right lateral flexion, Left

lateral flexion, Right lateral rotation, Left lateral rotation

Is there evidence of pain with weight bearing? [X] Yes [ ] No

Is there objective evidence of localized tenderness or pain

on palpation of the joint or associated soft tissue of the cervical

spine (neck)?

[X] Yes [ ] No

If yes, describe including location, severity and

relationship to condition(s):

TENDERNESS TO PALPATION OF MUSCLES OF NECK

b. Observed repetitive use

Is the Veteran able to perform repetitive use testing with at

least three repetitions? [X] Yes [ ] No

Is there additional loss of function or range of motion

after three repetitions? [ ] Yes [X] No

c. Repeated use over time

Is the Veteran being examined immediately after repetitive

use over time?

[ ] Yes [X] No

If the examination is not being conducted immediately after repetitive

use over time:

[X] The examination supports the Veteran’s statements

describing functional loss with repetitive use over time.

Does pain, weakness, fatigability or incoordination

significantly limit functional ability with repeated use over a period

of time?

[ ] Yes [X] No [ ] Unable to say w/o mere speculation

d. Flare-ups

Is the examination being conducted during a flare-up? [ ] Yes

[X] No

If no, does the Veteran report flare-ups? [X] Yes [ ]

No

Frequency: SEE ABOVE

Severity: SEE ABOVE

Duration: SEE ABOVE

If the examination is not being conducted during a flare-

up: [X] The examination supports the Veteran’s statements

describing functional loss during flare-ups.

Does pain, weakness, fatigability or incoordination

significantly limit functional ability with flare-ups?

[ ] Yes [X] No [ ] Unable to say w/o mere speculation

e. Guarding and muscle spasm

Does the Veteran have localized tenderness, guarding, or

muscle spasm of the cervical spine? [X] Yes [ ] No

Muscle spasm

[X] None

[ ] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below: Localized tenderness

[ ] None

[ ] Resulting in abnormal gait or abnormal spinal contour

[X] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology:

SEE ABOVE

Guarding

[X] None

[ ] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

f. Additional factors contributing to disability

In addition to those addressed above, are there additional

Contributing factors of disability? Please select all that apply and

describe: Interference with sitting

Please describe:

SEE ABOVE

4. Muscle strength testing

--------------------------

a. Rate strength according to the following scale:

0/5 No muscle movement

1/5 Palpable or visible muscle contraction, but no joint movement

2/5 Active movement with gravity eliminated

3/5 Active movement against gravity

4/5 Active movement against some resistance

5/5 Normal strength

Elbow flexion:

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5

[ ] 0/5