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Got My C@p Exam Report Today


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11 replies to this topic

#1 Ryguy

 
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Posted 19 December 2011 - 06:21 PM

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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#2 tmoe

 
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Posted 20 December 2011 - 04:18 AM

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

#3 Berta

 
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Posted 20 December 2011 - 07:51 AM

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.

#4 Ryguy

 
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Posted 20 December 2011 - 09:09 AM

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.



#5 rdawg

 
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Posted 20 December 2011 - 10:14 AM

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".

#6 Ryguy

 
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Posted 20 December 2011 - 11:15 AM

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".



#7 Ethan'sGrandma

 
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Posted 20 December 2011 - 11:55 AM

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





#8 john999

 
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Posted 20 December 2011 - 04:53 PM

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.

#9 Ryguy

 
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Posted 20 December 2011 - 06:59 PM

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

#10 iceturkee

 
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Posted 28 December 2011 - 11:16 AM

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!

#11 john999

 
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Posted 28 December 2011 - 12:50 PM

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.

#12 Ryguy

 
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Posted 28 December 2011 - 08:18 PM

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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