Any Suggestions For C&p Exam

[Tomahawk]

So 6 years after I filed my form 9 appeal I was just called to schedule a new C&P exam for next week. Moral of the story is that I filed my claim to have my SC foot classified correctly from a 30% severe foot injury(which they labeled as flat feet) to what it actually is CRPS/RSD. Which to my understanding should be classified 8520 for a nerve issue. Which if that is the case it should be 60% because of marked muscle atrophy.

I also claimed my numerous herniated and bulging discs as SC. Both because of injuries sustained while on active duty. I have no less than 5 entries in my SMR stating I was seen for my back issues, as well as secondary to my SC foot/lower leg condition as my abnormal gait, along with my leg giving out causing me to fall has sent me to the VA ER numerous times and is annotated in my VA medical records.

I also claimed GERDs secondary to the years of taking Naprosyn for my conditions. I was expecting a 0% non-compensable rating for that as I had surgery to repair it.

The original exam was as I said around 6 years ago.

The having my injury reclassified correctly was ignored. They "continued" my current status on that.

The back issues were denied as the examiner stated "any correlation to the current SC foot injury would be purely speculative"

And the GERD was denied stating "there is no correlation to medication causing GERD"

In response my form 9 contained scathing remarks about the doctors report. I said things such as "You don't need to be a doctor to know there is a correlation between an abnormal gait, falling due to the leg injury, and back problems regardless of this Doctors desire to speculate or not. My back issues are beyond a reasonable doubt aggravated by the fact that I cannot ambulate correctly with or with the use of such aides as braces, custom orthotics, and a cane." So I finished my statement about that exam with "For a doctor who specializes in C&P exams to state he cannot make that correlation without speculating tells me he does not have the medical training required to be giving the examination"

He also wrote about my having "hammer toes" when in fact if anything I have the exact opposite. 3 of my toes do not bend at all. They were fused straight in a VA surgery.

So I stated "His report reads like he did not review my medical records at all, he is totally incompetent, or worse he dictated the notes of a different veteran into my record."

Having said all that I was excited to finally be getting another exam. I got the letter in the mail yesterday. The exam is with the same doctor....................

Im fighting the urge to call and cancel it knowing that it will likely mean another 2+ years of waiting. I'm just looking for advice from anyone who has been in similar scenario, or suggestions of how to handle the interaction if I keep the exam?

[zeelarry]

I always took my documents to the C&P exam, to show the Doc. Even though they are in your VA Claim File & VA Medical File, you will simply bring those documents to the Doc's immediate attention & thoughts. Every time I carried in my documents, the C&P Doc was thankful. BUT, just remember that the documents cannot be new evidence or not already in your VA Files. The Doc cannot & will not add any documents to your file. They will [or should] hand the documents back to you at the end of the C&P exam.

just MHO

[Navy04]

Good luck and keep us posted

[Berta]

If VA prescribed NSAIDs to you. there is a correlation between NSIADS and GERD and the know it.

It depends on long term use, meaning more than a few weeks and many claims have been won for GERD due to NSAIDS and probably due to other meds as well.

If you search here for GERD and NSAIDS you will see what I mean.

These C & P quacks have got to go

[Tomahawk]

Thanks Berta. Yeah I have been on Naprosyn since 1997. I had onset of heartburn in the Marines and it is documented in my SMR. Along with the 2 years of 1000-1500mg of Naprosyn 2 times a day and they denied it was related. I had about a 2 year reprieve after the VA did a Nissen Fundolplication. However the heartburn and reflux returned. I went to my PCP and she was astounded that Pain Mgt had me on the Naprosyn without automatically prescribing Omeprazole. She immediately put me back on that. So yeah I would say most VA docs can make that correlation without issue. Alas that isn't what this exam was for.

Well I went through all weekend pulling out documents and tabbing them so it was easy to leaf through when I got to the exam. I pulled everything that was in my C-file that was germane to each of my claims. Well the doc wasn't examining me for anything other than an increase for my current disability.

This poses two problems:

1.) I wasn't claiming just an increase. I filed the claim to have them classify my disability correctly. I am currently rated 30% for post operative injury, left foot, with bunion, scars and complex regional pain syndrome of the left lower extremity. I was expecting them to correct it from a "foot" rating to that of the peripheral nerve which is my understanding should be under 8520.

He asked me questions he should have the answers to. Such as how long ago this happened, what happened, when was my VA surgeries. He measured the scars. And then told me to get dressed. I specifically asked why they were doing the foot exam as it was my understanding CRPS/RSD was a neurological issue. He stated "Oh it is, it is. I'm just doing the exam they request." So after I already had my braces, sock, and shoe back on I asked "Well don't you want to measure/check for atrophy? "Oh. yes. Yes we should do that as well." So I had to go through that all over again. He did state "severe atrophy is visible" which is good I suppose as long as he wrote it in the report. However they then had me get an X-Ray, which didn't quite make sense as I didn't break any bones, and they have ample MRI and Bone Scans in the last 2 years to review.

So this tells me they aren't working my claim to re-classify it correctly.

2.) Problem 2 is, why didn't they evaluate me for my other claims? I am going to remain optimistic that it is because they have all the information they need to grant me the SC or secondary to SC. However experience tells me this probably means they aren't working the claim properly and Im in for another 5-6 year wait to get it right.

So its wait and see now. Im sure Ill get a letter in 30-60 days telling me something. Ill remain hopeful.