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Scars, Disfigurement Supplemental..HELP

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NCVetGirl

Question

I will apologize in advance for the lengthy message but I am looking for insight on what may be happening here.

Dec 2019 I filed claim for CCCA - which is a progressive alopecia typically found in certain group of women and very specific symptoms. I combed STR and found first instance of it in 2003 while active duty. I was treated over the years but it progressed (nothing you can do to stop it only slow it down). Based on disfigurement criteria I believe that my records, statements, etc. met at least four of the requirements.
Last 3 years I had been treated by dermatologist and this was her specialty. She wrote medical opinion and completed DBQ (although not correctly) as she had done this before.

I submitted STR, civilian treatment records (over last 10 years), statements(my own, a battle buddy while active duty, hairstylist when active duty, and current hairstylists), and color photos on Dec 2019. I had CP Exam with VA contracted NP in January 2020. We talked she measured and “agreed” or confirmed that she saw what I saw.  Within 30 days of my initial submission, I received rating indicating 3 of 4 had been met additional they described the wrong location (back area of head not middle/front). 

I filed HLR with conference. I had conference on day 123 and he asked what did they miss? I asked should I give you page numbers of submitted docs to support criteria #4? He said no that’s my job. He also said if criteria not identified in CP Exam then not given weight. Result on Day 125 continue current rating.

I then filed a supplemental claim, submitted additional doctors records (last visit had not been submitted), the DBQ that my private doctor completed in Nov 2019 (with color photos)and two additional statements(mine and spouse).

I have now received request for another CP Exam. Is this typical? Anything I should consider? I tried to lay out all of the pieces. Is this CP Exam another opportunity? I am prepared to go to BVA - as I have done my homework. Seems like the CP Exam was given significantly more weight instead of total picture presented. 

I requested January 2020 CP exam and opinions in February 2020 ebenefits shows available 5/2021.

@Berta

@Buck52

 @broncovet

@Tbird

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Tbird
 

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  • HadIt.com Elder

My advise is file the form 9 and head to the BVA, your more than likely  get the same results at this new C&P They have schedule.

 Go to a private Specialist and talk with them/him/her and be up front with these Dr's  let them read your medical records and Also the C&P exam reports.

Let the Specialist know what you need  when he exams you and he needs to use the VA Language when addressing your condition...use the words   in my medical professional   opinion ''likely as not'' and describe your condition and how it would relate to your military service.

This exam with the specialist  can out weigh what the VA Dr's mention especially a N.P.

Have the Dr to put his years experience down with his credentials and what his specialty is.

usually they are on the letterhead.

I believe the BVA will help you, (jmo)

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

others can chime in here on this one.

@broncovet

@Berta

@GBArmy

@shrekthetank

@pacmanx1

 

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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@Buck52 So should I still go to the newly scheduled C&P? And then file to go to BVA? Also are you suggesting that I go back to my own doctor (who is the specialist in this field) or find another specialist that has never treated me to complete the DBQ (but not in DBQ format)?  There is no dispute about service connection. The dispute is whether I met 3 of the elements of disfigurement or 4 of the elements of disfigurement. 

These are pretty objective elements so I am somewhat puzzled.

Length 

Width

Color (minimum square cm)

Texture (minimum square cm)

 

thank you all in advance!!

Edited by NCVetGirl
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  • HadIt.com Elder

I think Buck has good advise on this. If you are scheduled for a C&P, you go. If you could get ADDITIONAL evidence that would significantly change the exam , you could get it and down load. If the examiner doesn't have it to review, you can ask him to look at what you had submitted prior to the exam. If he says no, then you are on record and they didn't eval all your evidence. If your claim is a suppl. claim with no additional evidence to submit, then you change it. It will delay the claim but allow new evidence to be evaluated. The new evidence would also be in the claim when you go to BVA.

Edited by GBArmy
additional info
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