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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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63Charlie

The "Pull My Finger" C&P Exam

Question

 Chock full of lies by the C&P examiner from hell.

 

 

Edited by 63Charlie

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7. Additional comments
  ----------------------
-- " Does the Veteran now have or has he or she ever had "shin splints", stress
     fractures, achilles tendonitis, achilles tendon rupture, malunion of calcaneus
     (os calcis) or talus (astragalus), or has the Veteran had a talectomy
     (astragalectomy)? [ ] Yes   [X] No "

  
I have service treatment records proving the diagnosis of shin splints, stress fractures, posterior tibial syndrome, and issuance of arch supports due to injury from running which started in boot camp and continued throughout my active duty.

 



-----"Does the Veteran have any other pertinent physical findings, complications,
     conditions, signs or symptoms related to any conditions listed in the
     Diagnosis Section above? [ ] Yes   [X] No "

 

The examiner denied that I have any other medical findings when I have submitted recent medical evidence from my podiatrist which diagnose my ankle condition.

 

--------  " 13. Functional impact --------------------- Regardless of the Veteran's current employment status, do the condition(s) listed in the Diagnosis Section impact his or her ability to perform any type of occupational task (such as standing, walking, lifting, sitting, etc.)? [ ] Yes [X] No "

 

 

The examiner had to get a wheelchair and push me to the exit as my ankles were so painfully swollen from the painful manipulation that I couldn't put on my ankle braces nor walk out on my own. 

 

-------- " Right ankle Is ankle instability or dislocation suspected? [ ] Yes [X] No

             Left ankle Is ankle instability or dislocation suspected? [ ] Yes [X] No "

 

 

I told the examiner that I have weakness in my ankles and am afraid of falling.

My podiatrist has prescribed ankle braces for support due to chronic ankle strain.

 

 

----------"  12. Diagnostic testing ----------------------

                a. Have imaging studies of the ankle been performed and are the results available?

                 [ ] Yes [X] No

                b. Are there any other significant diagnostic test findings or results? [ ] Yes [X] No

                c. If any test results are other than normal,indicate relationship of abnormal findings to diagnosed conditions: No                                        response provided

 

    I have two recent imaging studies(ankle and foot xrays), one weightbearing, and the other non-weightbearing that I have submitted prior to this exam.

 

 

Edited by 63Charlie

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From what it looks like you were requesting service connection for arthritis of the ankles.  The examiner stated that there was no medical evidence to support ankle injuries that would have caused the arthritis during your service.  You didn't take the x-rays they had requested for you.

You then stated:  "I have service treatment records proving the diagnosis of shin splints, stress fractures, posterior tibial syndrome, and issuance of arch supports due to injury from running which started in boot camp and continued throughout my active duty."  Question #7, this is a standard question on the DBQ.  Just cause they said no, its probably because those medical issues aren't involved with the your ankle.

How does shin splints, stress fractures posterior tibial syndrome and arch supports cause arthritis in your ankles?  I could see you requesting S/C for those specific diagnoses.  If you can provide a medical opinion stating that these issues caused your arthritis in ankles, then that would be the best evidence.

Hope it works out for you. 

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Another NOD will be forthcoming.

Surprises me that the VA isn't giving this examiner a promotion instead of laying him off.

He said just what the VARO wanted him to say.

Edited by 63Charlie

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On 12/16/2016 at 0:10 PM, Okichewy1 said:

From what it looks like you were requesting service connection for arthritis of the ankles.  The examiner stated that there was no medical evidence to support ankle injuries that would have caused the arthritis during your service.  You didn't take the x-rays they had requested for you.

You then stated:  "I have service treatment records proving the diagnosis of shin splints, stress fractures, posterior tibial syndrome, and issuance of arch supports due to injury from running which started in boot camp and continued throughout my active duty."  Question #7, this is a standard question on the DBQ.  Just cause they said no, its probably because those medical issues aren't involved with the your ankle.

How does shin splints, stress fractures posterior tibial syndrome and arch supports cause arthritis in your ankles?  I could see you requesting S/C for those specific diagnoses.  If you can provide a medical opinion stating that these issues caused your arthritis in ankles, then that would be the best evidence.

Hope it works out for you. 

Perhaps the first examiner saw I had arthritis in the xrays I submitted with my claim.

I never claimed arthritis in my ankle claim. Only ankle condition.

Apparently the first C&P examiner made that diagnosis in July during my first ankle exam

Still trying to get the VARO to release a copy of that first exam so I can appeal my denial.

This appeal will accompany another appeal for denial of flat foot condition. 

My service treatment records document that I had been treated for shin splints, stress fractures, painful swelling in my ankles, painful ankles upon manipulation, issued ace bandages for ankle support, Spenco orthotic arch supports and a profile for no running.

C&P examiner told me I wasn't cut out for all the running in the army and still denied service connection.

Bad apple examiner to ignore the medical evidence.

This forces me to appeal and have to pay for an IMO to succeed at the next level.

 

Edited by 63Charlie

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I got on the xray table and a vertebrae in my lumbar slipped forward over the other and my pain level became unbearable.

I couldn't lie flat for the xray because of my unstable spine problem and associated pain.

 

Edited by 63Charlie

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