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People Please Give Me Your Opinion On My Husbands Appeal


cbras9

Question

Guys I need your opinion on my husbands appeal claim. His C&P was Aug 9,2006 The Dr Stated the following right upper extremitity exam reveals he is not able to make any movement at right shoulder,right elbow or right wrist. He is not able to make any movement of right tumb or right hand fingers;not able to make a right hand grip.

Diagnoses: by VA Doctor

1. Right upper extermity pain and weakness is likely due to status post injury/surgery of right shoulder joint.

2. opinion regarding right hand grip: In my opinion, patient does not have any grip on the right hand and this condition is likely due to status post right shoulder condition and unlikely due to tramatic brain injury.

Please give me some idea what to expect on this appeal everything we have is riding on this Thanks Donna

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  • HadIt.com Elder

Donna,

In my opinion, patient does not have any grip on the right hand and this condition is likely due to status post right shoulder condition and unlikely due to tramatic brain injury.

Not being familiar with your husbands claims. did her suffer some type of brain injury in service ?

Josephine

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This is from an older post you made here:

"The brain injury occured as a narcotic agent not service connected The shoulder is service connected I was told to wait until I receive my husbands rating increase before filling aid and attendance and unemployable but the n I read somewhere to get it filed So I did I hope I did the right thing From what I have read he should get at least 90 % for his shoulder elbow wrist and hand"

What I see in the C & P opinion is that the doctor ruled out these secondary conditions as due to the NSC brain trauma-which is good-and

which leaves the potential that they are secondary to the SC shoulder disability.

What did the C & P doctor's report specifically says as to how these disabilties are related directly to the SC shoulder disability?

I hope the VA doc made a nexus statement-

Can you possibly scan this report and cover the personal info so we can read it?

I feel the doctor did service connect the additional disabilities to the SC one- but there is more to the report he wrote-----

the nexus factor is critical.I hope he clearly stated it.

Edited by Berta (see edit history)
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I am just asking on the arm and shoulder condition the way I am understanding it the doctor is saying it is service connected as the brain injury occured after the military The shoulder is service connected for 20% limited motion and 10% scar The C&p was for perpetial nerve damage on the right upper extrimity By the way the claim was denied for not being service connected so I appealed and the VA Doctor wrote what I said in the original post Would this fall under special medical condition rate of pay On my Origanl claim the VA kept blaming everything on the head injury now their Doctor gave the opinion it is a result of the service connected injury

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Guest rickb54

Cbras9,

I don't think you have provide a clear picture of what you are asking for.

My suggestion is to tell us exactly what was the reason for the denial, this can be found within the letter that notified you of the denial.

It is the reason for denial that you will have to address, and disprove in order to get the problem service connected.

I would also suggest you have your doctor write a nexus letter, this would most likey override any denial.

But until we know exactly what you are asking it is hard to tell you how to address the specific problem.

Edited by rickb54 (see edit history)
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  • HadIt.com Elder

cbras9,

Did you specifically claim the arm and hand weankess as secondary to the service-connected right shoulder? If you didn't, the VA regional office has no way of knowing this. If you didn't specifically claim the arm and hand as secondary to the right shoulder, the VA will look for evidence of direct service-connection i.e. entries in the SMR's ect..., and if there is no evidence of this, they have to deny the claim. You must keep in mind, the VA regional office personnel are not medical profesionals and cannot, by law, make such determinations.

Vike 17

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