Early LHI C & P exam for back condition

[GunnersM8]

Good Afternoon,

I recently filed a claim for disability regarding an injury to my lower back that I suffered around 2005 from a fall from a second story balcony. I have treatment records documenting this fall from a naval hospital in which the doc on my ship sent me for an X-ray. I assume that I also have back pain complaints in my in service records that would have been kept on the ship, however I am not that certain as every time I would see the doctor I was pretty much told to just take Motrin. This pain stayed with me after service but the pain was manageable with OTC medication as long as I didn’t do anything to flare it up. For instance I could flare it up by lifting moderate objects or by just sitting too long, so I never thought to file a claim as it was something that I could tolerate and secondly it didn’t happen during combat or anything so I didn’t think I could. This year however I fell on my steps and the pain again flared up with the same symptoms but this time the pain did not go away and I eventually had to have surgery. Now that my old injury has came back to haunt me and my doctor telling me that my fall this year did not cause it as it looks like some of the damage had been present for years I have filed the claim. Within 10 days of filing a company called LHI contacted me to set up the c and p exam, which is scheduled for next week in which I was told that they need to take measurements. From what I hear this is really quick so I’m just trying to figure out why. I have filed other claims in the past so it could be that the VA already had enough records in my precious c file to find enough records to substantiate my claim, but it just seems fishy to me. Any input would be appreciated. 

[brokensoldier244th]

C and Ps are sometimes contracted out. If they are doing measurements it would be for range of motion. 

[Vync]

Welcome to Hadit!

Here are some things you might want to look at before attending the exam:

Below is a link the VA's disability questionnaire (DBQ) list. Look up the kind of exam you anticipating having. It will help you understand what should happen during the exam.
https://www.benefits.va.gov/compensation/dbq_listbydbqformname.asp

 

Because this is a range of motion (ROM) exam on the musculoskeletal system:

1. Ensure they use a goniometer to measure ROM in degrees instead of just eyeballing it

2. Look up these: 38 CFR 4.40 (Functional Loss), 38 CFR 4.45 (The Joints), and DeLuca v. Brown (1995) are critical. Painful motion is considered to be limited motion. The VA is supposed to try several repetitions and take measurements where pain begins, factor in flare ups, etc... instead of just going with the maximum ROM, even if it is beyond where painful motion begins. It is assumed that the VA does this correctly every time, but it does not happen. The only way to ensure it does happen is to know this and politely inform the doctor if they do it wrong or overlook anything.

 

Don't forget about secondary claims! You probably have sciatica or nerve pain/numbness/tingling going down your arms and/or legs. If you have it, ensure they know about it. You may need to file additional claims for these depending on how your initial claim was worded.