C&p Exam Findings As Evidence For Other Contentions

[Andyman73]

Ok, I have a question. Can I use C&P exam findings/results as medical evidence to support a claim for increase or secondary contention? My issue is this, I just received 30% for pes cavus w/plantar fasciitis, bilateral. The evidence and opinions would support a claim for increase for my knees and ankles, since both are aggravated by my feet. This is a new award, however the L ankle and bilateral knee SCDs date back to 1998. Since this time my R ankle has become affected by the non-stop limping.

Also I had an EMG done, to both lower extremities to determine what effect on my feet, was from nerve impingement. Doc who did the EMG, had ordered an MRI of my back this past late winter. In the MRI report is noted L5-S1 moderate to severe narrowing of the neural foramina, bilateral, w/bulging disc that may impinge upon the nerve root, therein. She opined that the non-physical issues with my feet may be due to the back issue. Can these then be used as medical evidence for claims of increase for the known SCDs and for secondary for R ankle. Also, for shoulders and cervical/neck, since I over use my upper body to compensate for the back, knees, feet etc.?

As I understand it, secondary contentions are either caused by or aggravated by SCDs. And they do not need to be in STRs, correct?

Thoughts and opinions, please, all.

Thanks,

Semper Fi.

Andy

[MarkInTexas]

I did on three conditions, noting that they are inferred conditions diagnosed by the VA's contracted doctor. I filed all three as new claims after I finally got hold of my C-File with the C&P examination results in it.

The VA kept them up for a few months as new claims, but then "moved" them over to some pending area due to them being secondary to a couple of conditions that I had on appeal under a NOD review. (All are still pending.)

I'll keep you posted if they turn out. Meanwhile, if you research "inferred condition" a bit, it will give you some information on these.

Mark

[Andyman73]

Mark,

How long ago did you do this? Earlier this year I filed for increase for my SC L ankle. It was denied. No surprise, right? I never even considered a secondary for my R ankle because of the denied increase.

But now I have the 30% bilateral pes cavus with plantar fasciitis SCD. I would like to reopen the ankle claim and adding the R ankle as secondary.

Your thoughts are welcomed with an open mind.

Semper Fi

Andy

[Buck52]

Yes you can Andyman73,& try to view your C-File buddy!

when you file be sure and file on all your contentions...you need to get your EED entered & if you have to appeal then you will have a better EED.

Always use any Pro evidence you can that is pertinent to your claims...if you have to go get a IMO with a specialist qualified in the field of your disability....the raters''usually go with a good IMO over the VA Doc's.

but you could still use the VA Dr's if there favorable to your claim if there negative don't use them as your evidence.

jmo

..................Buck

Edited August 3, 2015 by Buck52

[Buck52]

PS

They look at an increase with a fine tooth comb...so get all your Ducks in a row.

remember good probative evidence wins claims.

[Andyman73]

Buck,

I plan to reopen several claims from earlier this year. They all can be tied in with the VA's own evidence.

And the one doc inferred that some of my foot issues are caused by my back. And she had ordered the MRI that she then used to opine in such a way that got my back increased from 10 to 40%. So...I am willing to bet on her opinion again.

I ordered my C-file back in May. So...lots of hurry up and wait.

Semper Fi.

Andy.

[MarkInTexas]

Mark,

How long ago did you do this? Earlier this year I filed for increase for my SC L ankle. It was denied. No surprise, right? I never even considered a secondary for my R ankle because of the denied increase.

But now I have the 30% bilateral pes cavus with plantar fasciitis SCD. I would like to reopen the ankle claim and adding the R ankle as secondary.

Your thoughts are welcomed with an open mind.

Semper Fi

Andy

Let's see.....my C&P where the VA-contracted medical doctor (Veterans Evaluation Services) diagnosed my inferred secondary conditions was back in August, 2012. I had no idea that these conditions were diagnosed until I finally received my C-File in July, 2014, and then immediately filed for the new claims after that. Everything else was under a NOD when I filed.

What I did do was go ahead and get a private IME/IMO done for these conditions as well to help substantiate my claim and provide good backup for the VA doc's C&P information.

I'm still under a NOD waiting for the VA to finish a de novo review, and did a couple more C&P's back in July of this year, so we'll see how it all goes. If I were you, I'd go ahead and file the claim, and then get a private IME/IMO done for your new conditions to push the VA into reacting. Sounds like a great case you have!

Good luck!

Mark

Edited August 3, 2015 by MarkInTexas