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C&P Exam- Range of Motion tests not done


Jayk

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I am going through a Med board. Doing the new process that included the VA. Had my exam for my joints and muscles etc. I am being boarded for my hips and back. I was in a lot of pain during the exam. The examiner recognized that and asked me questions but then she says that she is not going to do any range of motion testing because she could tell I was in pain just standing there. What does this mean? Will this hurt my ratings because it does not show the VA how limited I really am? I am worried that my rating will only be rated on the pain. Any opinions would be appreciated. 

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It should not matter.  Reason:  When you apply to VA within a year of discharge, the presumption is you got that malady from service.  

The VA wont accept the med board percentages  anyway, so you will have to seek treatment and compensation from the VAMC regardless of what happens with the medboard after you get out of service.    

The med board c and p exam should accomplish its purpose..which is to show service connection.  You see, the VA loves to chop up our claims into pieces:

1.  Service connection or no. 

2.  Disability percentage, if SC.

3.  Effective date

   Often we have to fight the VA on each of these..in seperate appeals.  I had to do just that.  In spite of applying in 2002, my claim is still unfinished 17 years later as I currently am at the CAVC to fight the effective date.    The VA insists on doing these mostly seperately.  For example in 2002 I got a denial.  I appealed, and was awarded SC.  The VA implemented the appeal and decided I was at 0 percent.   So I had to appeal again, and again and again.  I think my count is up to 14 VARO decisions, 6 BVA decisions, and I have had 3 CAVC decisions, working on number 4..all because they want to chop up the claim in order to delay as long as possible.  

    Of course, the VA fought me on dependent compensation also, (they alleged I did not supply dependent information even when I sent it to them 4 times).  They are also fighting me for SMC, where it is necessary for me to appeal THAT also.  The VA's motto is:

    Why delay a Veteran "just" a couple years for his benefits when you can delay him 10 years, 20 years or more??

     VA has no deadlines and no accountablity.  

     And, the CAVC has ruled that if the VA forgets to adjuticate your claim issues, its "deemed denied".  There are many rules on deemed denials, and VA wants us to fight them on that, too, which they did to me.  Im suprised I got as far as I did in a "mere" 17 years.  Alex Graham, a couple years or so ago, won a claim back to 1994.  And that is not the longest, either.  

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