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C&p Exam Question


helman35

Question

I had a Claim in 1996 for Dizziness and Respiratory Issues. I was denied in 1997 stating that there was no evidence that these were Service Connected. Also said that Dizziness was as symptom not a diagnosis. I didn't pursue this till 2015 and discovered that is what the American Legion had listed. A New Claim was open up for me by the New Orleans Regional Office for

Disabilities Claimed: head injury with residual equilibrium problems/possible Meniere's syndrome or vertigo (New), acute respiratory distress condition (New), bilateral ankle injury (New), chronic sinusitis (New), Seizures, grand mal (New), tinnitus (New), rhinitis (New)

The VA contracted Logistic Health Inc to handle my C&P Exams. I just got back from my Exam and the Nurse Practioner stated they were only looking at my Ankle Issues, Chrominc Bronchitis, Chronic Sinusitis and Rhinitis. That they were not asked to look at the Other Issues of Vertigo, possible Menieres / Seizures and Tinnitus. I called LHI and they stated that the VA didnt ask them to look at these issues.

Will the VA issue a C&P for these? I assume they do not have too but wouldnt they want too? The NP didnt do any measurements on my ankle, honestly barley touched them. Did XRays on Ankles, Sinus and Chest.

I have requeted my C-File from 1996 but only received the Decsion and Denial. I requested it again and still have not received it. I have also requested my SMR 4 months ago and have not gotten them. I know in my SMR there is I developed Acute Respiratory Disease in 1987. I complained of Dizziness in 1989. (I didnt know that Vertigo, Disequallibirum and Dizzness are different things). I know the Ankle issues are in my SMR. As for Menieres no diagonisis, all though the VA did an ENG test that showed I had Bilatteral Weakness to the Greatest Degree, supported Bilatteral Periphial Dysfuntion. (I attributed this from the Penmonia and ARD i was hospitalized in 1987 for 4 days with). This supports Vestibular Dysfuntion also associated with Menieres Disease. Also VA XRays that show I have Chronic Sinitius and Moderate Restrtive Respiratory issues.

Do you feel the VA will request C&P Exam?

thank you for any and all input

helman35

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I agree with Phillip, and make sure you have all the Evidence and ducks in a row. I don't want to see your claim get stuck in the mud or appeals for years. Good luck and God Bless!!!

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Thank you Navy04 and Philip, considering how the C&P Exam went yesterday I am affraid it will be held up on appeals. The NP took me to the room and said the DR would be in a few. Then the NP shows up to do the C&P. States they did not review my file. On my Ankle's, they didn't do much of an exam. Looked at them, wanted me to press agains her hand. She didn't do any measurement of the Dorsiflexion or Plantorflexion. No ROM. She even asked me if I had and swelling or pain today. She asked if it interfered with my ability to work and if I had missed days. I told her I don't miss work, should I, Yes. But missing work doesnt't pay the bills. I work in a factory and on my feel 8 hours a day. I told her if they hurt to bad I will go and sit for a few. She says, so they have Sedentary work for you to do, I said no. Bottom line If I am not out working then things are not being done. Asked me on a scale of 1 to 10 the daily pain. I said 7. Thats about the exam.

On the Chornic Bronchitis and Chronic Sinusitis, she listen to my breath, did a pulmanary test with a hand held device that honestly was a efficient test. Asked about the history. Told her I have had issues since I was hospitalized in 1987 for 4 days with ARD (Acute Respiratory Disease). Told her I have had issues since, but going to Sick Call was not an option most times for one reason or another. The Military is not very supportive in that. Plus being on a Hill Top on the DMZ in Korea you don't have that luxury for 60 days at a time.

Wished I could say I had a good feeling, but not knowing what she would write on the DBQ for meaurments is up for grabs.

helman35

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I will tell you in my 30+ C&Ps experience, I have actually had a few exams where the Doc did not ask much or I thought it went bad, but actually turned out to be SC at a high %. Just try to relax and let us know when you get the C&P exam results on myhealthevet.

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I don't think that those Results will be on Myhealthevet, but you can try to go to the Local VA and go to Records and see if it is there. I had a few horrible exams last fall at a VBS or VEM, whatever the VA calls it when referred to a Civilian Dr. I was never able to even see those Exam Results anywhere. So I ended up submitting a new claim in Nov 14.

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medical C&P.txtHi everyone,
Its been since 2000 that i have been back and forth with VA claims, conditions have worsen and i have been back and forth with VA with contentions in ref: to increase, reopen, new and unemployability, I have not worked for 29 months i am a single parent and need help. I have applied with SSDI(pending) i have a claim for increase on several contentions (C&P) completed and is in prep for notification. I was denied 2x for sleep apnea and it's in appeals but waiting for increase claim to go first.. why? o well. IN all i have asked for what i have should have long ago.. i tried to fight my conditions w/ out working.. becoming homeless as single parent and on.. i am reaching out to you all to give me a birds eye on if you think i stand a chance for increase from my 50% per C&P data. I am sure the IU will not fly considering what the DR. Wrote at the end, even though i have so many contentions that the Dr. indicates prevent me from employment or impact it. Please take a gander and post what you think.
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VALhala,

If you start a "new" post, you will likely get more responses..and it is less confusing because you wont know if people are answering your question or the original poster.

This said, I went ahead and looked at your exam. I have 2 pieces of advice:

1. Since you are apparently not working, you should consider applying for NSC pension. I think this is significantly higher than your 50 percent rating, and you can still collect this while your other issues are under appeal.

2. Quoting from your exam: "4) ATTENDS REGULAR BRIEF LARGE USE 1 BRIEF AS DIRECTED ACTIVE

THREE TIMES A DAY AS NEEDED"
end exam quote.
I can not imagine your doc suggesting you work "at a sedentary job" if you are wearing attends. You may just need an IMO/IME to overcome that docs opinion...did THAT doc know you wear attends?? Its one thing to go to the grocery store with them on, quite another to work all day with them on.....

Helman

VA (supposedly) does a C and P exam ONLY when there are some missing pieces of evidence not already contained in the medical records to award you benefits. Remember, there are 3 things necessary for service connection, always:

1. Evidence of an in service event or aggravation. Most of the time a C and P exam wont "fix" this..VA simply denies when its lacking.

2. Current diagnosis. You are unlikely to get a C and P exam here, either, unless VA thinks there was evidence you had the malady, but did not get an official diagnosis. You really need a diagnosis of the disease before applying.

3. Nexus, or link, between 1 and 2, above. A C and P exam may well help here. You have been diagnosed..you had an inservice event..but you dont have a link. A doc could opine that your xxx diagnosis is "at least as likely as not" caused by yyy event that happened in service.

Edited by broncovet (see edit history)
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Go to "forums", click "Start a new topic". I also responded to your question, above, after you responded so re read my response, above.

You should get advice from more than just me, there are some very good, knowledgeable people here.

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