Supplemental in AMA Timeline

[Miken2c74]

Original claim opened in Nov 2013 (Legacy)

Claimed Denied Dec 2014 (Legacy)

Submitted NOD in Jun 2015 (Legacy)

Opted into RAMP July 2018

Denied Ramp May 2019

Supplemental Claim open June 2019 ( In decision phase now per VA)

 

Flat feet (aggrivated due to ) From original claim date ( new DBQ, Medical opinion, Nexus, lay statement) On supplemental claim

Knee condition from original claim date  also supplemental claim (New DBQ, Medical opinion, Nexus , Lay statement) on supplemental claim

Back condition from original claim date rated 20%

Fibro Denied

Hip condition denied

I am waiting to see how this comes out (nerve racking)

[Miken2c74]

Never

[Miken2c74]

Re post Sorry guys. I was denied for every thing but I don't understand the reasoning. It is says examinations from 2014 and present and I didn't have one until 2018

Decision letter.pdf

[GBArmy]

Miken2c74

One thing stands out: they can't just state the exams by VA are out of sync with your doc's. They have to be specific; a general white wash brush doesn't cut it. I can't talk to the medical rationale of the VA vs. your doc's dbq however.

[Miken2c74]

Thanks @GBArmy That's what I thought. The one and only C&P examination that VA has gotten in this 6 year battle is one in 2018. The IMO I submitted was from my Orthopedic Surgeon  which ironed out everything. After I look at her IMO I saw that there was some dates that were wrong but the info was spot on. The 2018 C&P exam on the other hand was less questionable to say the least. The examiner didn't speak English and when he did speak he spoke in German. He performed no knee  measurements with the Goniometer and he didn't even touch me if he submitted measurements he guessed. He said basically I have no and symptoms of flat feet according to his DBQ (which the medical opinion was written by a PR in the states). So my question is if this doctor didn't speak English, is it possible he also can't read it.

Edited October 1, 2019 by Miken2c74
re wording

[GBArmy]

Miken2c74

Yes, it is very possible, maybe even probable. Bottom line, you got a poor C&P and don't have much hope without a real one. Why not submit a HLR and show some (existing) evidence to request another C&P by someone competent. For example, he didn't take measurements, just guessed; you answered questions and he didn't understand what you said. The DRO could put you in for another C&P fairly quickly. Or, you could first find out if you could try for a "reconsideration" but I am not sure they still do those anymore and they aren't very manageable. What I mean is they can be actually worked on but not "official", so you give them a reasonable amount of time and then, if nothing is cooking,  submit the HLR or Supplemental claim. On a bigger view, however, you may not get all you want even if you do get another exam. Maybe you should consider spending some bucks and getting a really good IMO from a specialist to support what you have already. Only you know if your condition(s) will result in more comp; if they are marginally worse, maybe you wait a while? Consider a plan if you can't get anything accomplished. Remember you have a year from the decision to appeal.

[Miken2c74]

Good morning/evening,

I sent this email to my VSO to kind of bounce the ball in their court to see if they react. I am optimistic at the outcome of this email. I also attached the medical opinion that was the result of this exam.

 

 

 

 

 

Good morning Sir/Mam,

         

          I called yesterday @1900 Germany time to speak with a Representative

in regards to my recently closed Supplemental claim. I never received a call

back. I would like to know what my options are and best route to take to get

these claims approved. After

 

reading my most recent decision letter it is apparent that there are some

things that need to be addressed.  To start the only C&P examination I have

had for the disabilities (earliest filing dated November 2013) that were on

appeal was in Aug 2018. This August 2018

 

questionable C&P examination left me with a lot of questions and

subsequently influenced a least than likely medical opinion date January

2019 by someone with even less professional competency to opine my

disabilities.  During this examination the doctor never

 

spoke to me directly, he didn't touch me and I never took any over garments

off for the examination. In order to perform a musculoskeletal examination

especially dealing with lower extremities normally I would have had to

remove at least my shoes that didn't

 

happen. As I said before the doctor in question never spoke to me directly

and when he did speak he spoke in his native tongue (German).  If he was not

able to speak English how is it possible that he was able to read and

understand English to properly fill out the DBQ

 

per VA regulations. As stated before the doctor never touched me, so if

there were any measurements on the examination or DBQ they were

guesstimated. The entire exam lasted roughly 20-25 mins. I have also read

the medical opinion that was the result of this

 

 

examination which returned an unfavorable decision dated May 21, 2019. On

May 29, 2019, I went to go see Orthopedic Surgeon and asked if she could

help me after this denial. I provided her with my STRs, post medical

records, and the medical opinion from the

 

May21, 2019 denial. She performed a thorough examination using the proper

measuring tool (Goniometer) to measure ROM and asked me questions in English

to obtain the most accurate information of my disabilities (Feet and Knees).

I submitted this information

 

and as of now my claims are still denied. I would like to do a HLR but am

not sure it would change the results only hold the EED (Nov 2013). Please

help me figure this out

 

P.S In my excitement with the DBQ, Nexus, Medical opinion from the

Orthopedic Surgeon I hastily read the paperwork and missed some incorrect

dates that needs to be corrected but the information pertaining to those

dates are correct.

Medical opinion.pdf

Edited October 2, 2019 by Miken2c74
add an attachment