Loss of use more VA games to watch for

[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.

[Mr cue]

See it really about make sure you get a remand at the court to me.

The VA can list it. But they must give a reason and base

They must give a reason and base for not accepting lay statements and favorable evidence.

they are to address all evidence in the decision.

Like Veteran had exam on this date and examiner medical opinion was this for each exam.

This is how you get relative equipoise.

I can talk about this because I won 8 years of extra schular tdiu based on this.

but if the VA bva don't always address it because they use one exam in most of there denial.

They  will use one exam for there reason and base.

And not talk about any evidence or other exams or medical opinion you have may have in your record or lay statements.

The court will remand this back.

It was done me.

This is why I am not going to let them comp shopp me until they find one unfavorable.

And not talk about the 6 other favorable One they order.

The court has remand my case two time because they will not address my favorable evidence.

The bva owe past decision are evidence to they must address in the decision. The court has rule on this in my case.

See to me now it is to hard to fight the comp exam back in the dates lol.

I could get the results in about 4 days and dispute it the next day I might even get a new exam in 30days.

I have done it

But now I don't even get a copy before it is put in my record.

the VA will use the exam to denied. An a veteran will not even see the report.

I pass

Now I am fighting something else that has been put in my record

That I can't even see the results of.

Some will tell you trust the VA will get it right.

I am talking about my case right now 

let me make that clear smh.

 

[Mr cue]

18 minutes ago, pacmanx1 said:

could still make the decision based on in relative equipoise of the records

I understand stand this well I won 8 years tdiu 1993-2001 based on this.

So believe me I understand how a real bva decision is to be made.

I posted it here in hadit to help other veteran understand how it work.

An if the bva and VA is not try to address all your comp exams or evidence.

You will never get it.

[Mr cue]

On more thing then I got take a break from this VA stuff again.

Ok here is my big issue with the contractors exams. An how I feel they are put a veteran at a disadvantage.

First the VA will get order a exam an now tell veterans they need to attend another exam right after.

Reason doctor didn't check a box  on the exam paper. Smh

Now call me crazy but why do a veteran need another exam because of that.

Wouldn't that be a waste of money if all the problems were. Fixing a report. Lol

Ok the veteran will never get a copy or any copy of the exam. Until they make a decision.

Contactor are make statements in veteran appeal now.

Veteran cancel there appeal. What.

Veteran cancel exam

when you try an change there date and time or to travel to far.

Now the VA is allowing all this.

Now this might all be me but I am not get put into that system.

Like I said the VA order a ace exam for record review without me .

The private contactor told VA they wouldn't do the exam. Without In person exam.

This is what I was been told. Smh

So I have very little trust in the VA.

I have a appeal that has been pending in appeal status since 2003.

I had a appeal remaining in appeals status from 1993-2001.

Did the VA or the bva tell me this did the vso that was handling the cases back than that put both appeals in tell me this no.

I learn about pending appeal doing my research. An learn I had these appeals pending in appeal status

One got me 8 years tdiu 1993-2001.

Now I am fight for 18 year of smc because they never address it in my case or inferred it.

It been a 3 year fight no smc now up to smc l and half.

But the VA will only address time period from when I apply.

I had a informal dro hearing 3 years ago during this. Send to comp exam to see if my mental health effect my day to day.

Favorable exam.

The bva VA will not address anything to do with this now.

 because it give me the two smc l which give the smc o and r because I receive in home care. 

 

So now I have a new cavc remand order that basically tell them to address it an everything again.

2 nd time the court has told them. Lol.

So telling me to trust the va process they will get it right.  Sound crazy to me

 

Don't think there would be that many appeal remand and cavc remand.

If the VA does things the right way

 

 

 

 

 

 

 

 

[Whodat]

2 hours ago, pacmanx1 said:

Here's the thing a veteran can claim the VA is doctor shopping, but it is still up to the VA/BVA/CAVC to make the decision that no new C & P exam is needed/warranted. A veteran can say that the VA should have enough evidence in his or her records to make the decision but even that may not be true, especially if it is a remand, that should tell the veteran something is missing, the BVA and or the CAVC already reviewed the file, and a new/updated exam is needed. Again, even if the veteran gets a new unfavorable exam the BVA/CAVC could still make the decision based on in relative equipoise of the records but if it is not enough evidence then the claim will most likely be remanded. Past exam may be outdated and not necessarily relevant, if an appeal is going on for over a years’ time the VA will most likely request a new/updated medical opinion.

Now for reviewing the records, one of my last LHI C & P exams that I had, I took all the relevant medical evidence to prove my request for an EED, but the examiner refused to look at or take the copies. What the examiner did do was take the dates that I was referring to and went into multiple different VA systems and pulled all the documents up and then wrote an excellent medical opinion that my symptoms were treated by the VAMC, and I won my EED. So, in this day of everything being electronic it is possible for them to review the veteran’s records. Now with all that said, I can say this because I was sitting right in front of the computer that was facing me and I saw the examiner opening each different system. From what I gathered she was in the VARO, VAMC and the Community Care system where I got my last favorable DBQ right before the VA sent me to the last C & P exam. Now I am quite sure that all examiners may not do this, but the VA do give them the access they need to make a proper medical opinion.

Good info and advice. I am glad that things had worked out positive for you. However, it doesn't work that way for everyone. In my opinion, I think that the vet should be able to view what the examiner see as well as what the examiner types. Don't work that way for me. Now I have to request cfile and wait.

 

[jbasser]

On 8/8/2022 at 7:23 AM, john999 said:

Does loss of use mean total loss of use? Both my feet are 40% each but I can still use them to an extent.  My left foot is getting worse, but must I have it amputated to get loss of use?

The main point here is that in order to get LOU of a foot without actually chopping it off is to have a condition called foot drop. Diabetic Neuropathy is a common cause. The actual ratings depend on several factors including Aid and Attendance, Other service connected issues not associated with the main issue. 

[john999]

Thanks, Jbasser.  I had the same conversation with AskNod some time ago.  I don't want to have to file for LOU.  Whatever money the VA might pay is not worth losing  use of a foot.  I would like to know more about "foot drop".