I want to know if any of you have been forced for movement in your c&p exams by an examiner? I was. In fact, at my exam the examiner went through with me my MRI and showed me MS spots all over my lower spine and all sorts of other problems, I just had surgery for blown discs and paralysis... a several moths prior, it was hard for me to even drive to the exam not being able to hardly feel my feet and I had severe arthritis since it was winter (nerve roots all clumped together), I got around with a cane. So, the examiner had me do the motions and pushed me down, and at the sides, etc... it hurt (she literally threw her hand and pushed me and caused nerve damage, my back was extremely swollen from arthritis), I had no idea what she was doing and because of my problems I had some incontinence which was embarrassing. I had developed this from exposures to certain things in OEF (spots on spine). I was so mad, how bad the VA was screwing me any way they could and hell I just got back from war a year prior and this is how I was treated for sacrifice to the country. I left in tears and dirty drawers. I had no idea what to do, the VA hospital refused me c&p records from this and the VA only used it against me and then ignored as the exam didn't exist and the service reps with DAV, American Legion, all didn't give a damn and since I was a very young guy-they didn't care either; being first wave of guys back from war it was sparse to see young vets since not being in war for a long time-I am sure-but they didn't give a damn-USELESS SERVICE ORGANIZATIONS. I tried to fight back, I got nowhere, the VA was against me, in a demonic way. THIS WAS A VERY, VERY, VERY BAD EXPERIENCE I WANTED TO SHARE WITH YOU. I realized the examiner was puppet for money, the VA and some demonic people within the VA wanted to screw me and that VSO's are worthless and YOU are all on your own. By the way, why is it if you have pieces of your spine removed it isn't considered like a loss of a body part is, losing a leg or an arm is paid out SMC, but if your missing parts of your spine how in the world is that now considered a loss of a body part and not entitled to SMC? It would be like saying, oh you use a prosthetic leg, so you leg is fine, no loss. Hence, segments of spine removed and replaced, fused, etc. I wonder why this topic hasn't caused more fuss in the VA community as range of motion is a joke, and that just all that is used to rate.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
Question
RAPIDFIRE
I want to know if any of you have been forced for movement in your c&p exams by an examiner? I was. In fact, at my exam the examiner went through with me my MRI and showed me MS spots all over my lower spine and all sorts of other problems, I just had surgery for blown discs and paralysis... a several moths prior, it was hard for me to even drive to the exam not being able to hardly feel my feet and I had severe arthritis since it was winter (nerve roots all clumped together), I got around with a cane. So, the examiner had me do the motions and pushed me down, and at the sides, etc... it hurt (she literally threw her hand and pushed me and caused nerve damage, my back was extremely swollen from arthritis), I had no idea what she was doing and because of my problems I had some incontinence which was embarrassing. I had developed this from exposures to certain things in OEF (spots on spine). I was so mad, how bad the VA was screwing me any way they could and hell I just got back from war a year prior and this is how I was treated for sacrifice to the country. I left in tears and dirty drawers. I had no idea what to do, the VA hospital refused me c&p records from this and the VA only used it against me and then ignored as the exam didn't exist and the service reps with DAV, American Legion, all didn't give a damn and since I was a very young guy-they didn't care either; being first wave of guys back from war it was sparse to see young vets since not being in war for a long time-I am sure-but they didn't give a damn-USELESS SERVICE ORGANIZATIONS. I tried to fight back, I got nowhere, the VA was against me, in a demonic way. THIS WAS A VERY, VERY, VERY BAD EXPERIENCE I WANTED TO SHARE WITH YOU. I realized the examiner was puppet for money, the VA and some demonic people within the VA wanted to screw me and that VSO's are worthless and YOU are all on your own. By the way, why is it if you have pieces of your spine removed it isn't considered like a loss of a body part is, losing a leg or an arm is paid out SMC, but if your missing parts of your spine how in the world is that now considered a loss of a body part and not entitled to SMC? It would be like saying, oh you use a prosthetic leg, so you leg is fine, no loss. Hence, segments of spine removed and replaced, fused, etc. I wonder why this topic hasn't caused more fuss in the VA community as range of motion is a joke, and that just all that is used to rate.
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RAPIDFIRE
Oh they so ignored and refused me on this and I even called the VARO complaining, no new exams nothing, they just were out to screw me. If I had a penny for every request and or docs that I have telep
rootbeer22
Rapidfire: Like many other Vets, I had the same happen to me. I had a CP Exam for my shoulders where I complained because the CP Examiner kept pushing my shoulder up way beyond the point of pain.
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