lumbosacral DBQ CLARIFICATION FOR LOWER BACK

[VAW-126]

I am looking at one of my DBQ for Back (Thoracolumbar Spine) Conditions for which i have file for a increase evaluation for my S/C Lumbosacral Strain.  The following is what the C&P Examiner wrote verbatim "The examination is neither medically consistent or inconsistent with the Veteran's statements describing functional loss with repetitive use over time". What does the mean. I am currently rated at 70% P/T with IU. The Social Security Administration has found me disabled as well because of my service connected back and cardiac conditions. A Medical Expert testified at my social security disability hearing as to the extent and severity of my service connected conditions which ultimately resulted in my being granted social security disability. My heart condition is currently rated at 10% but based on the research that i have been doing it appears that my heart condition should be rated at 100% because of the fact that i take medications to help control my stable angina and that I have been hospitalized twice in the past 12 months prior to my C&P exam for my heart condition. Please help clarify if possible.

Service Connected: Lumbosacral Strain 20%, Right Lower Extremity Radiculopathy 20%, Left Lower Extremity Radiculopathy 20%, Right Acromial Fracture 20%, Coronoary Artery Disease 10%

Current Claim filed for: Herniated Discs secondary to SC Lumbosacral Strain, High Blood Pressure secondary to SC Coronary Artery Disease, Coronary Artery DIsease (Increase), Obstructive Sleep Apnea with use of CPAP secondary to SC Coronary Artery Disease, Lumbosacral Strain (Increase), Aid and Attendance.

 

Edited March 9, 2017 by VAW-126
Included more info

[VAW-126]

Can anyone tell me if Obstructive Sleep Apnea or Hypertension can be linked to Coronary Artery Disease? I have filed a claim for both of these conditions as secondary to my SC Coronary Artery Disease.

[Berta]

"The examiner also noted in my DBQ that my back and heart conditions DO NOT prevent me from working when in fact the reason I am receiving IU from the VA is because of those same conditions so why would the examiner say otherwise. Also she was looking at my Disability FAVORABLE Decision from the Social Security Administration that referenced that my SC conditions caused my disability. I just hope that the rater will take a MUCH closer look at all of my evidence because it appears that the EXAMINER is against me."

When they gave you the 70% were you employed at the time ,and  if not did they consider TDIU in that decision?

Have you googled this DBQ doctor's name to see what expertise she had to opine on any of this?

I have been hospitalized twice in the past 12 months prior to my C&P exam for my heart condition

Is that info in your VA medical records or if this was at a private hosp., does VA have those records?

[Buck52]

Ms berta

It appears  or its obvious this examiner don't know what he is talking about  if he had read this veterans records, the below statement don't make any sense and it don't take a Dr to figure that all out. when its in black & white .

 Quote from VAW 126,''The examiner also noted in my DBQ that my back and heart conditions DO NOT prevent me from working when in fact the reason I am receiving IU from the VA is because of those same conditions so why would the examiner say otherwise. Also she was looking at my Disability FAVORABLE Decision from the  Social Security  Administration that referenced that my SC conditions caused my disability.''

Sounds like he is saying the veteran has improved on his Heart & Back condition that the VA them self's rating him IU Using the Extra Scheduler (b) at 70% this is why  the veteran needs to check out this Examiner Credentials...A foot Dr can't give his Opinion on a heart condition.  it don't fly with the VA  but yet they will take this examiners word for it  unless this veteran speaks out and check this examners credinitals  to  get another C&P from a Quailfied C&P Examiner

If I am understanding this right a veteran can use private hospital records as evidence  correct?

[Buck52]

I am not to sure on this  but a lot of times if the Veteran is not Represented by an accredited VSO , Then usually the veteran don't have the experience as to how to go about checking out Dr's Credentials or even thinking about it , they usually just take the denial or proposal to reduce  as in this case...and probably get his benefits taken away or reduced  ( the VA  is counting on this and they eat it up and work the claim fast)  so the veteran must act fast in his NOD to check out the original examiners qualification.

So here is my Question  when a Veteran gets a bogus C&P Exam (unqualified Dr)  and it possibly could mean he will be reduced or benefits taken away  Because  from a Unqualified Examiner  can this been a CUE?

Edited March 9, 2017 by Buck52

[VAW-126]

Hi Ms. Berta, yes I was employed and that time and my rating was 30% but due to my condition they increased my rating to 70%' P/T and because I was terminated from my employer because of missing too much time off from work due to my condition. The VA told me in my decision letter to apply for the IU and within 2 months I was awarded the IU.

[VAW-126]

The VA has those private records, one to hospital stay was when I was transported by ambulance from a VA clinics and the last o e was from my home. The examiner had both of those Hospital discharge summaries in front of her and I brought copies with me to the exam just in case the VA mysteriously didn't have them in my file.