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      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. 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So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
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      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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Got My C@p Exam Report Today

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Today I got my c and p exam report, this exam was for an appeal for cervical and spine issues, I already received disablity for lumbar back issues. OK, it says that i'm noted to have DJD cervical spine (2008), and right arm sensory neuropathy was diagnosed in (2011). He took the range of motion notes from a previous exam that I had 2 months ago for adaptive special housing assistance. Then in his remarks it says. Opinion it is less likely than not that the veteran's neck dondition is related to his service connected lumbar strain. No medical evidence exists that indicates that lumbar strain causes DJD of the cervical spine. It is less likely than not that his current neck pain noted in 2008 is related to the in service Motor vehicle accident. He was not complaining of or treated for neck pain while in the service. It is unlikely that neck pain manifested 8 years after the in service accident could be a residua of the accident.

So i'm like WOW, this isn't good, although I have a battle buddy statement noting my complaints to the doctor about neck pain and I also submitted my doctors medical opinion saying that it is more likely than not , that my issues were caused from this accident.

Does this sound like i could lose this case big time or what? Any ideas would be appreciated.

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11 answers to this question

Posted · Report post

Does this sound like i could lose this case big time or what? Look like benefit of doubts 50/50 or which medical opion

will they use. Get the decision and maybe if not approve than get another IMO. Good luck hope it goes well

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I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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Posted · Report post

Ok thanks Berta, could you let me know you post the information about the CUE of the VA, I just have to get my mind mentally prepared in the event this appeal case is denied. I know everything is on a time restraint once you get that decision, So with this if i'm denied, you would only request a reconsideration if I have new evidence right?

I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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Posted · Report post

I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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Posted · Report post

Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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Posted · Report post

Ryguy,

I've often thought the same thing...where is the logic in some of this stuff? I answered my own question: there is none!

Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

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Posted · Report post

The same doctor should not have done both C&P exams. He is biased by past experience with you. I think you could use that for an appeal. The damage from the accident likely could have caused the neck problems and I think you should get benefit of doubt, but my opinion in that arena does not count. The VA has their finger on the scale. Keep appealing. Your best hope is the IMO route.

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Ok, so should i make an big stink issue out of this before a decision is made by the review officer about having the same doctor do the examination? Or would it just be best to sit and wait where they come back and say, i'm just trying to catch all these errors before a decision is made as i've waited since 2007 on this claim, And where can I find out more information on benefit of doubt?? Thanks so much for your assistance

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Posted · Report post

when daytona va was still doing c&p exams, i had several ortho done by my former ortho doctor. one time the va told me it wasn't a conflict of interest. but after the last exam he gave me, my dav rep told me i had grounds to appeal. problem is that i didn't have enough evidence to warrant an increase even on appeal!

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The easiest way to do this is to get an IMO and get it in before your decision to rebutt anything negative the c&p said and to press you claim for maximum benefits. You don't want to file an appeal unless you have to do it. You don't want to fool around with another half-ass c&p exam that could be worse than the one you got already. I filed an appeal because I got a terrible C&P exam. I got another exam and it was worse than the first one. The doctors knew each other and thought they would put the screws to me.

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Ok thanks so much John, I definitely had my IMO letter in on time, and I also had my VCAA response letter back into the VA before the exam results were sent to teh review officer So this gives me somewhat of a relief, becuz this has me stressed out. Also at what point would you obtain an attorney if denied, i've been waiting on this claim since 2006, it was denied once, and this is my appeal i'm going through now. Would your next step be an attorney???

The easiest way to do this is to get an IMO and get it in before your decision to rebutt anything negative the c&p said and to press you claim for maximum benefits. You don't want to file an appeal unless you have to do it. You don't want to fool around with another half-ass c&p exam that could be worse than the one you got already. I filed an appeal because I got a terrible C&P exam. I got another exam and it was worse than the first one. The doctors knew each other and thought they would put the screws to me.

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