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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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IMEF-Gunny

C&P Exam went good & bad!

Question

So, first of all, thanks for creating/maintaining this community as it has been a great source of information as well as stress relief!

So, filed a claim June 2016, Gulf War vet, Gastro-intestinal disturbances (Bloating, diahrea, constipation), Sleep issues, Bi-lateral arm/shoulder pain, Short term memory issues. On January 2017 I had my first C&P exam. The exam was scheduled at a VA outpatient center. Doctor was an 87 year old Iranian fellow. I broke down emotionally, as I usually do when I'm at the VA for whatever reason. Exam, much to my suprise, seemed to go very well. He filled out DBQ for gastro issues, xrayed my stomach, checked me for hemmoroids (which I told him that I did not think I had), requested I fax him a copy of my gall bladder surgery when I got back home. Very briefly towards the end, he asked if I had any other issues, to which I answered "Yes, I have sleep issues. I'm up 6 -20 times per night, which I believe is due to my arm/shoulder pain and stiffness and I also have pretty severe short term memory issues. The memory issues are my biggest concern. His only answer was "Memeory is mental health" and he sent me on my way.

Very shortly after the VA reviewed my C&P, I was rated at 30% for the gastro issue. Also the VSR handling my claim added a new disability which is listed as deffered being Stool Incontinence (because it was noted in the C&P exam for my stomach.

Now, months later, I gained access to his notes via myhealthevet. Apparently, it was supposed to be a full Gulf War Exam ( For all of my contentions). The VA deferred all other items and sent the C&P examiner a notice of an incomplete C&P for diability rating purposes, adding that he needed to examine me and/or address all contentions listed. His answer back to them was that I complained about stomach issues and my hemmoroids and that "The veteran denied having any other issues".

I added a letter to my claim disputing that fact, adding word for word what he asked me, examined me for and what I told him when he queried me for my "other" issues.

I feel fortunate to be where I am at this point, as my STR's only list a visit (during boot camp) for a lower lumbar injury and sprainged ankle. My private doctors from 1980's - 2007 did not have any of my medical records, where I complained of chronic stomach issues, a un-explained rash I had for over 6 years (from Desert Storm) and anxiety. My records were destroyed after 7 years (2014) because I switched doctors in 07 and had not been back to that office. My old doctor did write a letter explaining that they destroyed my records, but I was his patient from 80's until 2007 and they could contact him if need be.

So, do you think, given the C&P docs answer (which would make 0 sense for me to deny my contentions in a C&P), that the VA will likely deny me for all of my deferred contentions? Any opinions, input is welcome. Thanks for your input and thank you for your service!

-Gunny

 

 

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By the way, I have also been diagnosed with and am being treated for PTSD by the local VA clinic. The diagnosis was by a Psychiatric NP, who has prescribed me Zoloft (which has helped me alot), Prazosin (which gives me bad headaches) and Wellbutrin (Which I'll have to quit as it causes me to be angry, hostile and have rage issues again).

Edited by IMEF-Gunny

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No takers on venturing a guess? Called Peggy today....gal said that a decision has been made on something, they are waiting for the BBE decision letter to be drafted. There has also been an internal request made for my STR's and Out Patient notes (I assume VA outpatient). Never a dull moment on the VA roller coaster.....Ebbennies still says "Gathering Evidence" as deferred contentions seem to be taken one at a time.

Edited by IMEF-Gunny

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