Well I just thought I would bring this up it may help other watch for this game.
Loss of use under smc benfits.
Well the game is the VA will keep ordering exams stating the examiner need to tell if you have remaining function.
The VA manual even state to use considerable care when ordering exams.
Well in my case I have had 6 comp exams the specialized loss of use exam.
An they still wouldn't address my case smh .
Just venting a little
Ok here is the rule on smc .
Responsibilityfor Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity
• rests with the rating activity, and
• cannot be delegated to the examining physician.
c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a
• detailed objective description of remaining function
• quantitative assessment of strength for each extremity involved, and
• description of any pain that affects use.
Do not request that the examiner
• determine LOU, or
• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.
Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.
References: For more information on
• considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and
• requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6.
d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n)
Example: A priorexamination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the onlyissue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examinationbe restricted to the degree of functional impairmentof the upper extremities.
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Mr cue
Well I just thought I would bring this up it may help other watch for this game.
Loss of use under smc benfits.
Well the game is the VA will keep ordering exams stating the examiner need to tell if you have remaining function.
The VA manual even state to use considerable care when ordering exams.
Well in my case I have had 6 comp exams the specialized loss of use exam.
An they still wouldn't address my case smh .
Just venting a little
Ok here is the rule on smc .
Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity
• rests with the rating activity, and
• cannot be delegated to the examining physician.
c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a
• detailed objective description of remaining function
• quantitative assessment of strength for each extremity involved, and
• description of any pain that affects use.
Do not request that the examiner
• determine LOU, or
• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.
Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.
References: For more information on
• considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and
• requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6.
d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n)
Example: A prior examination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the only issue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examination be restricted to the degree of functional impairment of the upper extremities.
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Vync
@john999I found this over at CCK Law which says, "amputation is not required in order to experience loss of use" https://cck-law.com/blog/va-amputation-and-loss-of-use-ratings/#:~:text=According
Chuck Haven
The rater cannot make a decision / finding without seeing medical evidence (in person C&P exam or ACE process) OR LAY EVIDENCE. If you've provided a significant amount of lay evidence, the rater
Mr cue
Man I been trying to do that for a whole year. I am now at the cavc wait on the decision. I just be point out there games so other can be aware. What If I told you the bva judge told th
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