First of all, let me start out by saying that I have no idea whether this is posted in the correct topic, so, if necessary, move it or remove it.
I get a letter a couple weeks ago, an appointment at the VAMC in Dallas. It just says it's for a C&P.
Well, I figure that it's for my latest claim that I turned in a couple months ago about my knee and hip, but, I'm not really sure so I called up the VAMC and asked them. The dude says, "yup, it's for your knee".
So, I figure, hey, they got their mojo working and got something right..............kewl!
So, I show up today for my "knee C&P", right?
WRONG!
First, just let me say that this Ahole was a reall Ahole. He sticks his head out the door to the waiting room, BELLOWS my last name out, turns around and disappears before I even get a chance to get out of my seat......and I had to try to run to catch up with him as he disappears into some exam room down this hallway. I get in the room, he doesn't say anything, just looks at me.....then, after a couple of minutes of this, he tells me to take my boot off........then grabs my foot and proceeds to twist it.........and says "I bet that hurts, doesn't it".........and that is the extent of my C&P for my claim for my ankle that has been going on now for 3 1/2 years.
The following is the remand from the BVA to the RO in Waco via the AMC:
REMAND
The Board finds that a medical opinion is necessary to make a
decision on the claim. See 38 U.S.C.A. § 5103A(d)(2) (West
veteran has a current left ankle disability, there is
evidence establishing an event in service involving the left
ankle, an indication that the disability may be associated
with the veteran's service, but insufficient competent
medical evidence on file for the Secretary to make a decision
on the claim. Id.; see also McLendon v. Nicholson, No. 04-
0185 (U.S. Vet. App. June 5, 2006).
Accordingly, the case is REMANDED for the following action:
1. Please send the veteran a corrective
VCAA notice under 38 U.S.C.A. § 5103(a)
and 38 C.F.R. § 3.159(, that includes
an explanation as to the information or
evidence needed to establish a disability
rating and effective date for the claim
on appeal, as outlined by the Court in
Dingess/Hartman v. Nicholson, 19 Vet.
App. 473 (2006).
If there are outstanding records (such as
Social Security Administration records),
where the medical records are not those
that are already in the claims file
(medical records from Bill Jones, D.O.,
dated December 2003 through December
2004), the veteran should inform VA of
such records so that it may assist him in
obtaining the records.
2. 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
as to the following question:
The veteran has admitted that he
fractured his left ankle prior to service
and was in a cast for approximately five
to six weeks. He was seen in June 1964
with complaints of severe pain and the
inability to perform. X-rays taken of
the left ankle at that time showed
evidence of an old healed fracture of the
medial malleolus of the left ankle with
some loose bodies in the joint space on
the lateral aspect of the ankle. Was the
left ankle condition aggravated beyond
the natural progress during the veteran's
period of service?
A rationale for the opinion should be
included in the examination report, which
includes upon what evidence in the claims
file the opinion is based and involves
any other supportive reasoning.
Anybody see anything in that remand that requires the C&P?
I am P*SSED!
P$SSED P$SSED P$SSED!
If for no other reason that the fact that I was treated like crap.
I KNOW that I'm going to get a lousy report from this guy. I don't even know his name. He never introduced himself. He had no name tag on, not card badge, nothing on his lab coat, just a plain white lab coat. I don't even know if he WAS a doctor.
I've provided the VA with two IMO's favorable. Do you think that they will outweigh this schmuck's report?
"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."
Question
LarryJ
First of all, let me start out by saying that I have no idea whether this is posted in the correct topic, so, if necessary, move it or remove it.
I get a letter a couple weeks ago, an appointment at the VAMC in Dallas. It just says it's for a C&P.
Well, I figure that it's for my latest claim that I turned in a couple months ago about my knee and hip, but, I'm not really sure so I called up the VAMC and asked them. The dude says, "yup, it's for your knee".
So, I figure, hey, they got their mojo working and got something right..............kewl!
So, I show up today for my "knee C&P", right?
WRONG!
First, just let me say that this Ahole was a reall Ahole. He sticks his head out the door to the waiting room, BELLOWS my last name out, turns around and disappears before I even get a chance to get out of my seat......and I had to try to run to catch up with him as he disappears into some exam room down this hallway. I get in the room, he doesn't say anything, just looks at me.....then, after a couple of minutes of this, he tells me to take my boot off........then grabs my foot and proceeds to twist it.........and says "I bet that hurts, doesn't it".........and that is the extent of my C&P for my claim for my ankle that has been going on now for 3 1/2 years.
The following is the remand from the BVA to the RO in Waco via the AMC:
REMAND
The Board finds that a medical opinion is necessary to make a
decision on the claim. See 38 U.S.C.A. § 5103A(d)(2) (West
2002); 38 C.F.R. § 3.159©(4)(i) (2005). Specifically, the
veteran has a current left ankle disability, there is
evidence establishing an event in service involving the left
ankle, an indication that the disability may be associated
with the veteran's service, but insufficient competent
medical evidence on file for the Secretary to make a decision
on the claim. Id.; see also McLendon v. Nicholson, No. 04-
0185 (U.S. Vet. App. June 5, 2006).
Accordingly, the case is REMANDED for the following action:
1. Please send the veteran a corrective
VCAA notice under 38 U.S.C.A. § 5103(a)
and 38 C.F.R. § 3.159(, that includes
an explanation as to the information or
evidence needed to establish a disability
rating and effective date for the claim
on appeal, as outlined by the Court in
Dingess/Hartman v. Nicholson, 19 Vet.
App. 473 (2006).
If there are outstanding records (such as
Social Security Administration records),
where the medical records are not those
that are already in the claims file
(medical records from Bill Jones, D.O.,
dated December 2003 through December
2004), the veteran should inform VA of
such records so that it may assist him in
obtaining the records.
2. 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
as to the following question:
The veteran has admitted that he
fractured his left ankle prior to service
and was in a cast for approximately five
to six weeks. He was seen in June 1964
with complaints of severe pain and the
inability to perform. X-rays taken of
the left ankle at that time showed
evidence of an old healed fracture of the
medial malleolus of the left ankle with
some loose bodies in the joint space on
the lateral aspect of the ankle. Was the
left ankle condition aggravated beyond
the natural progress during the veteran's
period of service?
A rationale for the opinion should be
included in the examination report, which
includes upon what evidence in the claims
file the opinion is based and involves
any other supportive reasoning.
Anybody see anything in that remand that requires the C&P?
I am P*SSED!
P$SSED P$SSED P$SSED!
If for no other reason that the fact that I was treated like crap.
I KNOW that I'm going to get a lousy report from this guy. I don't even know his name. He never introduced himself. He had no name tag on, not card badge, nothing on his lab coat, just a plain white lab coat. I don't even know if he WAS a doctor.
I've provided the VA with two IMO's favorable. Do you think that they will outweigh this schmuck's report?
"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
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