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

[Buck52]

Remember to check your VAMC medical files...usually the VES will submit the records to VA especially if contracted out...that's how they get paid.

And remember if an appeal reaches the BVA and they remand the claim back to RO it starts the whole claims process over and takes a lot more time to be Adjudicated.

jmo

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

[Pete53]

It might be inferred but you have to ask for it to get it from VA.

[Andyman73]

Ok, guys, thanks. Here's the quick run down. Back in March I had an MRI done in conjunction with a C&P for my back. I was awarded an increase from 10-40% for back pain/strain. The MRI showed degenerative disc disease, and narrowing of the neural foramina(tubes the nerves run through) at several different locations with L5-S1 being worst with a moderate to severe narrowing, bilaterally.

Next I had an EMG done on both legs in conjunction with a C&P for foot conditions. The doc who performed the EMG was same who ordered back MRI a few months earlier. She gave her opinion that what ever nerve related problems in my feet are, in her opinion, related to the back, specifically the L5-S1. This is a part of the C&P exam findings for my feet claim, which I was awarded 30% for pes cavus (claw foot) w/plantar fasciitis.

I want to use both sets of findings as evidence for a sciatica(radiculopathy)claim, I do have 1 or 2 STRs where I complained about pins and needles, numbness and burning sensations in both legs and feet.

Also, I would like to use the Pes Cavus DX as causative source for ankle pain. I am currently 10% for L ankle, and want to file a secondary for R ankle. I know that my feet have caused me lots of aggravation over the years, and now have VA provided medical evidence. And same foot DX as source of aggravation for claim for increase for my bilateral knee condition as well. When I last made claims for these I didn't have the Pes Cavus DX, and now I do.

And last but not least, would I be in my right mind to file for secondary for shoulders and neck due to long term pain and suffering from my lower extremities. Which have caused me to depend on my shoulders and arms for pulling me up versus pushing up with my legs.

What say you all?

Semper Fi.

Andy