Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Why A C&p Exam At This Stage Of The Game?

Rate this question


LarryJ

Question

  • HadIt.com Elder

Yesterday I receive from the Dallas VAMC a notification of a C&P exam being scheduled for me.

Part of it states:

"Due to the complexity of the Exam(s) be prepared to stay most of the day."

First of all, it's been THREE and 1/2 years since my claim was filed.

I opted to go the BVA route. The BVA remands my claim to the AMC, etc.

In the BVA Remand it states "Have a VA physician review the veteran's claims file, including the service medical records (which are in a manila envelope) and provide an opinion at the the following question: Was the left ankle condition aggravated beyond the natural progress during the veteran's period of service?"

Now, I don't mind having a VA doc look at my ankle. Heck, I've got a whole bunch of x-rays that I can take with me to the C&P to help him out. Wish I coulda gotten them to take a look at my ankle 40 freakin years ago when they sent me home on crutches with a broker fibula. Wish they'd C&P'd me when I filed my original claim in the 70's. Wish they'd C&P'd me when I filed again three and a half years ago. Nope, don't mind that at all.

But, something smells fishy in Denmark.

Why, all of a sudden, do they want a C&P? They have all the documentation from two treating physicians. They have all the documentation from my Social Security claims file and the Disability Determination Service. They have 4 buddy statements. They have all my records from Balboa Nave Hospital..........they got all kindsa sh*t. Are they just hoping, this late in the game, to find some VA quack that's gonna tell them that all this documentation and all my problems are just a fig newton of my overactive imagination?

And WHY is it gonna take ALL DAY to look at my ankle? "Complexity of the examS" How many exams does it take to look at an ankle, and why would any orthopedic surgeon find looking at an ankle "a complex exam"?

Not to mention that the remand didn't say nuttin about no C&P.

WHASSSSUP?

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • Answers 11
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

You guys (and gals, of course) ain't gonna believe this.

The C&P at the Dallas VAMC, well, it isn't about my ankle. Well, I take that back, it is kinda sorta about my ankle.

Seems I said something, somewhere, about my ankle making my knee and hip hurt pretty badly......................

Darn, just when I wanta get really PO'd at the VA, they surprise me.

They are actually going to see if they can't "service connect" the whole ball of wax, the whole shebang.

I just got off the 'phone with VARO Waco, and THEY just got through mentioning TDIU. THEM, not me.

I'll be DOUBLE darned, will miracles ever cease?!

Well, maybe not, 'cause my SO just got thru talking me thru how to get to the VAMC in Dallas, on the train (can't drive, just got the one car and the wife has to have it to get to work, etc.). Seems I can make it, after all. I'll have a couple blocks to walk when I get there, but I can drag myself that far. YUP, I CAN DO IT!

Thank you, Lord.

And thanks for putting up with me on Hadit y'all. Today is the first time I've felt a little lighter load, and the road seems to be leveling out and not going UP hill, today.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

Larry- I was wondering what the other C & Ps were for too---

couldnt give you any C & P link -I didnt know what to look for-

But the VA does seem to be ding the right thing!

TDIU -if you never filed the TDIU form and are unemployed- I would think they would HAVE to consider as an inferred issue-

an ankle problem can certainly affect ones knees, hips, and even their back-

Can you afford a taxi so you dont have to walk too far?

The taxi company there might be able to give you a estimated fee for train station to the VA-if you call them.

Is there some other documentation in your med recs yet as to these additional problems you are having due to your service connection?

Even if not the C & Ps will provide that and hopefully the docs will know what they are doing-

men and women should he expect a ROM with a goinometer on this?

and definitely Larry should get a nexus statement that has no holes in it.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

Larry,

Generally, if a C&P exam is over a year old, they will schedule another one due to the fact that after a years time has past many disabilities can worsen substantially. Also, I noticed in your previuos post that it appears they denied you over 3 and a half years ago, maybe without an exam, I'm not sure, it wasn't really clear. At any rate, if there was an exam three and half years ago, like I said, they'll need a current one. If they didn't do an exam three and a half years ago, then they need an exam anyways because they need the current disabiling effects of your disabilities, not from 20, 30, or even 40 years ago!

Also, it looks like they inferred a few other issues as secondary to your ankles. If I were you, I would see if you could get any IMO's from your private doctors to take with you to your exams. They would help out alot.

Vike 17

Edited by Vike17
Link to comment
Share on other sites

  • HadIt.com Elder

Thanks for your replies. I appreciate it.

Nope, they never did do a C&P on my ankle. I don't guess that they felt it was necessary. The VARO just rubber-stamped their canned denial letter, hoping I'd go away, I guess. When it got to BVA, they had all my SMR's dealing with my ankle problem PLUS all the med records since that time PLUS two IMO's PLUS recent radiologists' reports, so I suppose that they had sense enough to realize that they didn't NEED a C&P on my ankle (heck, my ankle was starting to put on sunglasses and lip gloss and have it's toe nails painted, there had been so much pictures taken of it, it was "going Hollywood" on me).

And, they aren't doing a C&P on my ankle this time, either...............just everything else connected to that ankle (knee, hip, lower spine). Ya know, the joints that they will be examining really are not in as bad of a shape as my ankle.............my ankle is bone against bone and even though I can't bend/flex the ankle, the pieces of bone that are between the joints, there are some pieces of bone that just kinda move around in there, and they kinda hurt when I try to put ANY weight on that leg, so's I try to keep from doing anything with that leg and I try to put the extra weight on my OTHER side, and the pulling and pushing and all that is getting to my other joints, I'm not getting around to good, and with the pain meds that I take, well they wear off at night so's I get about 3 hours sleep maybe and I get tired and I try not to bitch and complain, but it hurts like hell, my whole body hurts and I want to scream sometimes, but it would take too much energy...................I'm just tired, really, really tired, and I have these thoughts of if it isn't gonna get any better then maybe everybody would just be better off not having to deal with me.

You know, it's kinda like once I was a man with things to look forward to and now it's just like I'm still here but my dreams have ran off and left me with this really tired empty feeling.

ah crap, I'm sorry, I just needed to get some stuff out, I'll try not to do this again

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites

  • HadIt.com Elder

Larry we understand it better than anyone else, we have all been there. It sounds like things are starting to turn around for you, and with them linking the other stuff to your ankle and mentioning TDIU, you may actually be on track finally I hope it does work out for you, sounds better than you had originally hoped for, it's usually the other way around, and we are all in this together, let it out anytime

just if you point the splatter at any one person it usually splatters back lol

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
  • Our picks

    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 3 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
×
×
  • Create New...

Important Information

Guidelines and Terms of Use