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Info on statement on C&P Exam for loss of use of hand

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wgreenlee12

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Can  someone give me a little feedback on this C&P Exam. If I'm reading this correctly it seems like there is a lot of contradicting statements. Thanks for any input. Also the scanner did not pick up the last 2 pages. One page ask if a EMG test have been preformed and the Nurse Practioner said no, but the VA preformed a EMG test less than a year ago. Also the final issue is she stated: The Veteran is limited to functional activities that include frequent grabbing, grasping of objects due to Peripheral Neuropathy condition.

The Veteran can preform general activities without significant restrictions. 

I also have a DBQ from my treating doctor who states the obvious of complete loss of use of right hand and limited use of right arm. 

IMG_20171114_0003.pdf

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The first thing I noticed is I did not see the magic words.  The magic words are either:

A.  "The Veterans condition is at least as likely as not due to xx event in service."   

or

B. "The Veterans condition is at least as likely as not due to xx service connected condition."

     Now, I just scanned your document and did not read all your posts.  So, if this is already SC and you are looking for an increase based on worsening 

of your symptoms the above does not apply.    

     

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It is for a increase due to loss of use of hand. The VA paid for me to have a ACDF Surgery for the service connected C7 radiculopathy. The surgery was not done very well to the point I have lost use of my hand. I had my treating outside doctor fill out a DBQ that indicates that, but as you can see the Nurse Practioner stated otherwise. That is why I'm having issue's with that C&P Exam. contradicting herself. I have had other surgeons tell me I need another surgery to remove the bone spurs and leftover disc material that is now not only deforming and dislocating my spinal cord.

 

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Generally, "loss of use" is for special monthly compensation.  Are you currently working?  Losing the use of one's hand, may well render you unemployable, but a doctor would have to so state.  The reason I asked is that I dont see many people out there working who only have use of one hand, and you can apply for TDIU, if you are not working.  

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I'm actually rated 100% P&T per VA. So I guess that helps clear up a few things. Sorry about not being very clear. The VA has my rating for cervical radiculopathy at 40% static.  They moved the claim from Gathering of evidence to preparation for decision then back to gathering of evidence. When I called they said they needed clarification. Not sure what they mean by clarification of evidence, but hopefully it is due to the fact that the C&P Exam was contradicting itself.

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