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Rater Clarification Appt


Ryguy

Question

So I had a c&p exam in January and the rater needed clarification from the Physician Assistant . So I guess today the PA wrote in the notes that spinal stenosis occurs more often in ages of 50 years of age or older per the Mayo Clinic and in younger people such as myself it's more often a genetic issue. But when I go to mayo climics website it says one of the major causes of spinal stenosis is car accidents which is what I was In . What's the best way for me to intercept this misinformation the pa has given the rater ??

I'm in a AMC remand for cervical spine issues by the way, so if I don't like the Varo decision I can still take this back to the Bva

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Up hill battle. Cursory review of a couple of your posts would indicate you definitely need to try and find a "sympathetic" VA or Private Expert for a rebuttal IMO, if possible. Have you found "ANY" VA Appeals Decisions from past years similar to your situation?

Big retro involved? Might be past time to check with a couple VA Appeals Attorneys or paying $XXXX.XX for a DR Bash IMO. Retro not large enough would make the Attorney deal tuff and the IMO would cost big bucks and your not guaranteed of the outcome. However, a review of your complete medical claims file by an experienced VA Medical Expert such as DR Bash might find other Secondary issues you may have missed which could be SC'd.

Semper Fi

Gastone

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Gastone I just tried googling past years claims appeals but I've never came up with anything. I would have a large lump sum because this appeal dates back to 2007, and that's over 8 years. dr bash is just a name you used ? Or is this a real physician? I may have to go this route

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Google or DuckDuckgo are good search engines. For BVA claims, try the VA's BVA search site. You can narrow the searches by words, phrases and by year or years. Even if you find something close that was an award, keep in mind the decisions aren't precedent setting. With that said, you might get a line on a particular piece of evidence that might help your case.

 

Semper Fi

 

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That doc is resorting to "speculation".  You went to a VA comp and pen exam, and he was supposed to opine on YOUR spinal stenosis, not "the young people

who had a genetic defect which cause thier spinal stenosis".  The VA did not ask for a C and P exam on them, they asked for one on you.   Just because you may be in the minority of young people who got spinal stenosis from military, that does not mean you cant be compensated.  The majority of people DONT HAVE spinal stenosis, so does that mean the poeple who do have it are all lying because most people dont have it, and so the odds are, they dont have it.  

Did the PA do genetic testing on you to determine if heredity was the  cause of YOUR stenois?  If no, why not?  

This exam is "junk science" and you should wait and make sure its unfavorable, and, if it is, "attack the exam".  

Did this PA have medical training or experience in spinal stenosis?  How many years?  Did he treat with surgery, medication or what? 

Here is what most likely happened.  This PA probably had treated few, if any, for either spinal stenosis, OR genetic mutations causing spinal stenosis.  Instead, when he found out he had an exam tommorrow, he went online so he did not sound a fool, and he came across this Mayo Clinic article.    If people could practice medicine or make competent medical opinions based upon internet searches, then what in the world do we need doctors for?  Everyone could just look online, find out what medicine they need, self diagnose and self treat.  Doctors would all be unemployed, as there would be nothing for them to do, except maybe make a few utube videos on how to treat xx illness. 

The same thing happened to me.  I got a c and p doc who I figured out quickly had no experience in sleep disorders.  You can tell a sleep doc specialist.  He has IN DEPTH knowledge of sleep disorders (sleep apnea).  My C and P examiner tried to impress me that she knew the difference between Central Sleep Apnea, and OSA.  Hey I did a few internet searches and knew that, too.   Did she know how many apnea events in a nite is the minimum for a OSA diagnosis?  NOPE.  Did she know whether or not I should use a CPAP or BiPap?  NO.  Believe me, a real sleep (apnea) disorder doc knows sleep issues like a hand surgeon knows the anatomy of a hand.  Can you tell me how many bones in the hand?  What are their names?  I bet a hand surgeon knows every bone, and could put the bones of a hand together blindfolded even if they were thrown in a box and stirred up with hundreds of other bones.  He will know instantly if that is a bone from the hand or the foot.  

A doc making an opinion on spinal stenosis should be an "expert".  An expert would have extensive experience, and training in spinal stenosis, and their first case would not make them an expert.   

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