VA reevaluation

No Slack Bayonet

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First thing, Stay calm! Theres a process for everything if they wanted to lower the ratings! Second off get on your my healthy vet and you should be able to see what she had to say by friday!
 

7LVL

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First thing, Stay calm! Theres a process for everything if they wanted to lower the ratings! Second off get on your my healthy vet and you should be able to see what she had to say by friday!
Where on the My Healthy Vet site would that be?
 

7LVL

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Dang, I guess I have to try and figure out how to get them since my C & P re-eval was at a QTC clinic. Anyone know how to get copies from them?
 

Warrior644

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I had my first C&P re-eval exam today on my knees. The PA who saw me gave me the impression she didn't see anything wrong with my knees. I was rated 10% for chronic knee strain originally and I feel like my knees are only getting worse. How long does it take to get results? I'm concerned they are going to lower my rating.
From my experiences, did the DoVA contractor clinician (e.g., QTC) perform any Range of Motion (ROM) testing on both knees in accordance to 38 CFR Part 4, Subpart B - Disability Ratings, The Musculoskeletal System (as annotated below) with the required goniometer at your C&P re-evaluation?

"§4.46 Accurate measurement.
Accurate measurement of the length of stumps, excursion of joints, dimensions and location of scars with respect to landmarks, should be insisted on. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Muscle atrophy must also be accurately measured and reported."

Moreover, do you have any medically documented derangement issues with one knee or both knees to warrant a DoVA D-RAS rating other than via ROM testing?

In my opinion, @No Slack Bayonet provided a sound suggestion for potentially expeditious viewing of the DoVA C&P examination results upon completion by the QTC contractor; it's only a matter of time at this point for sure!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

7LVL

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Yes she tried to do ROM and was actually really forceful, one of my knees is still swollen from the amount of force she used.
 

Warrior644

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Yes she tried to do ROM and was actually really forceful, one of my knees is still swollen from the amount of force she used.
Hmm, did she use the mandatory "goniometer" during her attempt to perform measurement of limitation of motion?

If not or if the ROM measurements were not documented properly at the point of pain then, you should have justification merit to submit an appeal for sure! Take care and continue to enjoy life! ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!
 

7LVL

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MY c&p examination report is available, what exactly should I be looking for to determine if they might re-rate me?
 

Warrior644

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MY c&p examination report is available, what exactly should I be looking for to determine if they might re-rate me?
Indeed, search for ROM measurement numbers within the C&P Examination report for each knee or both knees medical condition. Does it state that the C&P clinician used the mandatory "goniometer" during her attempt to perform measurement of limitation of motion on one knee or both knees?

Moreover, look for any additional verbiage detailing any potential derangement issues with one knee or both knees to warrant a DoVA D-RAS rating other than via ROM measurement testing!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

7LVL

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Ok I will check. What is the typical timeframe for the VA to read and make decision on re-val?
 

Warrior644

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Ok I will check. What is the typical timeframe for the VA to read and make decision on re-val?
Unfortunately, I can't yield any approximate processing timeframes for a DoVA re-evaluation; therefore, I shall defer your inquiry to other PEB Forum members with specific pin-pointed experiences for potential feedback. Take care and continue to enjoy life! ;)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

7LVL

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I had my mental health re-evaluation on 22 July and my notes are still not available on My Healthy Vet website yet. Is that something to be concerned about, it's been 6 days already.
 

7LVL

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Well my mental health VA notes are finally showing on Myhealthyvet but on the ebenefits site it says my status is still waiting on third party. If my knee ROM is better according to C&P re-eval and they lower my rating can I lose my Chapter 31 benefits?
 

DataMgr4U

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Can someone make sense of this? Va gave me 10% rating for LBP. However, the medical documentation shows bulging discs, multi-level from L2-S1, Chronic left L5 radiculopathy.
Annotation says: hyperlordosis, sciatica/radiculopathy, femoral canal stenosis, ankylosis of lumbar, +TPP, Rt 40/ Lt 60 mulltiple issues of tendonitis (gluteal, adductor, etc) and this doesn't even address the bulging disks at C5-T1 in upper back with noted tarlov cysts and parathesia to upper extremities. Confirmed with MRI's , EMG, Bone scans, X-Rays, and doctor eval for spasms (visual) for the piriformis region (bilateral).

I would be thinking at least 50% with all that noted!
 

No Slack Bayonet

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7V are you P&T? If so i wouldn't worry about the ROM and even if they attempted it you can still rebut and hopefully get that squashed. Datamgr4U, id definitely put in for an increase.
 

7LVL

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7V are you P&T? If so i wouldn't worry about the ROM and even if they attempted it you can still rebut and hopefully get that squashed.
My knees , chronic strain of left knee & chronic strain of right knee as well as depression with anxiety are reviewable according to my initial ratings but my 50% rating for OSA is permanent.
 
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No Slack Bayonet

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Then its reviewable brother, If they were to attempt to reduce a rating they have to notify you and give you time to rebut the findings so don't freak out. Chances are you can easily rebut the findings and move forward.
 

7LVL

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I received my rating post C & P reevaluation today. They lowered my chronic knee strain from 10% to 0% for both of my knees but increased my anxiety and depression rating from 30 to 70%. My overall rating went from 80% to 90%. I have a couple questions though. Under the evaluation of my knees they said:

The evaluation of chronic strain of knee is decreased to 0% effective ......which is the date of the examination showing improvement in this condition. We have assigned a noncompensable evaluation for your chronic strain of knee based on: - a diagnosed disability with no compensable symptoms.

Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. { 38 CFR 4.31}

A higher evaluation of 10 percent is not warranted unless the evidence shows:
- Slight lateral instability; or,
- Slight recurrent subluxation.
What exactly does that mean, if my knees get worse can I have them reevaluated?

Also under my anxiety/depression rating it says that because there is a likelihood of improvement the assigned evaluation is not considered permanent and is subject to future review examination. My initial rating said the same thing but it gave a timeframe of two years, this one didn't. While I was waiting to see my ratings in the mail after it said notification had been sent I pulled up the verification of benefits form and it says I have two disabilities that require re-eval in September 2019. How do I find out what those two evaluations will be and is that date of 5 years correct or can they call me back in next year or the year after, etc.?
 
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