babycourt45

Andyman, I hope so as well...and now I wait

Julie this is OUTSTANDING news and congratulations to you and your family.

I completed my last C&P exam on Saturday, it was scheduled for 2 hours but the C&P doctor only kept me in the office for 19 minutes and then sent me on my way. We will see what happens after all has been said and done. Thank you all for your support.

As a quick update, I went to both of the C&Ps and while there I was scheduled for two more C&P exams for all of my previously service connected contentions. I will keep you all updated as I continue to maneuver through this process.

Thanks Pete, I will definitely talk to my VSO about filing for TDIU prior to finishing up my last set of C&Ps on Tuesday.

Advice is to read the CFR, take time to research and do not take no for an answer...I wish there was something special that I can say I did, but I can't. I just kept reading, researching throughout this process. My initial claim started in 2005 with an increase in 2008. Moving on to 2010, I submitted all of my medical documentation to support my claim including medical notes from the Orthopedic Surgeons regarding my knees and feet. In 2012, the VA denied every contention and kept my percentage for my foot stating that I missed an appointment for my C&P, I responded with a 4138 stating that I never received a phone call nor letter notifying me of the C&P so then they reopened the claim and scheduled a C&P for everything but my knees and feet and denied everything saying that nothing ties these contentions to my military service. I started poking around and ordered my C-File and went through every single document and pointing out every instance of sick call, emergency room visits and physical therapy notes. I had my doctor complete a DBQ for my knees and feet including several other contentions. The 2012 rating decision indicated that I could not receive compensation on certain contentions due to pyramiding and other contentions were lumped together into one rating and an additional rating for the foot was added. So fast forward to 2013, I had a C&P and the examiner's confirmed every contention my personal orthopedic surgeon concerning my contentions with my knees and feet; my 2014 rating decision kept my feet the same with the addition of finally adding my knees. So fast forward to 2015, when I asked for an increase on these conditions along with several other Gulf War related contentions my claim was temporarily moved from my original VARO in St. Pete, FL to VARO in Roanoke, VA. After my C&Ps my claim went to Lincoln, NE for ten days then came back to Roanoke, VA. I am not sure what prompted the CUE but I am so happy that it occurred. I received my retro pay, yesterday and every single contention awarded and denied in past claims have been reopened and now are all deferred.

Thank you all...I have a couple of C&Ps tomorrow... No retro pay as of yet but I received the unofficial notice from my VSO stating that the VA CUE'd themselves on 5 of my previous service connected contentions.

Thank you for your responses, I appreciate the support. Broncovet, if I could I would...lol I knew once I started naming people I would forget someone...TBird...thank you for having the vision to make this site a reality and a place full of knowledge, support and a breathe of fresh air.

When you log into eBenefits in the "Main menumenu" drop down menu click "Manage" under this screen click "Documents and Records" and then click "VA letters"

I logged in a hour ago to check my upcoming C&P appointment times and lo and behold my claim had been partially awarded, I went from 70% to 90% with 8 contentions deferred. What is even more surprising, but common is that the rater looked over all of my previous contentions with 4 of the service connected effective dates being changed in my favor dating back 5 years ago and 2 of my contentions that were denied previously being reopened and combined with the other 8 deferred contentions. I know this battle is not over and as I posted in another thread I have to repeat the C&Ps I completed in August in the next couple of weeks. I plan on showing up with my supporting documents in my hands even if the examiner does not want to look at them, I will be prepared. I want to say thank you, thank you, thank you for all of your words of encouragement and advice. Many of you might not know, but your thoughtfulness and support goes a long way. Although, I have not finished my course I smell something as sweet as Krispy Kreme glazed doughnuts when the "HOT NOW" sign is on and that is a WIN!! I do not post much but I continuously lurk and have tried to soak in as much as I can as well as bookmark the different threads and links provided. I know when you start to name people you always seem to forget someone...so here goes, sincere thanks to Asknod, Berta, Vync, Broncovet, Andyman73, flores97, saints13, iceturkee, bluevet and the Pete's. If I forgot someone please blame my mind not my heart. To all those still waiting for something to happen with their claim, it may not be today or even tomorrow but you are next in line for your miracle! May God continue to bless and keep you all in perfect peace!!!

I will be sure to do that! Thank you so much...

WOW...this is so much information..I may end up in overload..this will help give me something to do while I'm up tossing and turning, watching infomercials, watching Netflix and playing games on the iPad. THANK YOU BUCK!!!

Buck..thanks for your insight..it is great to get these types of tidbits of knowledge to store up for future use. Here is a quick update...my claim has been in "Preparation for Decision" since about ten days after my first set of C&P exams in August. I logged into Ebenny's tonight and my claim has moved to "Preparation for Notification" with upcoming C&P appointments in the next 2 weeks based on request from the VARO. I guess I can assume that my claim is going to be deferred until after I complete my upcoming C&Ps.

Saints..I checked my C&P notes and the ENT had to restate the opinion regarding my allergies where he stated: "The condition claimed was at least as likely as not (50% or greater probability) incurred in or caused by the claimed in-service injury, event or illness. c. Rationale: Rhinologic symptoms characteristic of allergic sinusitis developed during military service but not as a specific exposure event in Southwest Asia." I never claimed allergies under Gulf War, I claimed them as a contention with a sinus condition as secondary to the allergies.

Buck..it is interesting that you mentioned the C&P examiner's comments because that is the same thing she said to me. I looked on my appointments and saw that I have the same doctor from the last C&P..I guess she will be prepared to tell me that "it's not her that makes the decision and that she only writes down what she sees."

Saints13...I am speechless as to what you have shared, the main thing going on in my head is "How could this sort of thing happen?" I plan on attending the exams and even if they are rescheduled three or for times after the next exam I will attend those as all. As veterans, we should never give up or give in and continue to fight especially for the things as right. I always fall back to a saying that says.. "Right is right and has never wronged anybody!" May God continue to bless you and your family.

I thank you all for your responses and appreciate the insight. I will update once I have completed the exams. I do not post often but I lurk and learn nearly on a daily basis and I knew someone would come back with valuable knowledge. Vync..I'm glad that the exams were not scheduled on a Friday at least I know I'm not being scheduled for numbers purposes. Broncovet..I am certainly not going to blow these appointments off..I was just surprised that they added in a Mental Health exam in addition to repeating the previous exams when I did not claim a mental contention in my claim. Thank you again...

Thanks for the quick responses..I asked the C&P scheduler about the exam and she stated that they were asked to schedule another C&P exam with the General Medicine doctor for my Gulf War Illness contentions as well as Mental Health. I went to the C&P in August which was scheduled for 3 hours and the doctor said that she reviewed my records and kept me in there for 38 minutes and sent me on my way. Now I'm scheduled again for a 2 hour exam with the same doctor and the Mental Health doctor a week apart. The exams are both scheduled on consecutive Tuesdays, October 6th & 13th.

Hello all, I filed for an increase on several contentions as well as some new contentions in February 2015 and had my C&P exams conducted in August 2015. I just received a call to schedule C&Ps for the same exams previously conducted in August 2015, with the same doctors as well as with a mental health doctor. I suspect this is common if there is a question from the rater, my question is has this happened before to anyone else or am I just being paranoid? Thanks for any input...

It should take about 3 days for them to be available in myHealthevet under the blue button.

Congrats...that is great news!

Any thoughts welcomed... Thank you

Attached is my decision from my claim for increase June 27, 2013 which was decided on December 1, 2014. I sent in a VA-4138 asking for a reconsideration on the left ankle condition & right foot neuropathy during that time a decision was rendered on the left knee on February 27, 2015. It took from my discharge in 2005 until 2015 to get my left knee service connected. If I am reading this correctly, I do not qualify for SMC-K for anatomical "loss of use" or the "loss of use" rating because I do not have any service connected disabilities rated above the knee. Regarding the TDIU question..the VA did not mention TDIU only the DAV when they sent the unofficial rating decision letter. Thank you again for your responses.

Thanks Berta! I currently do not receive any SMC because the VA says I do not have any ratings above the knee. My rating decision does not mention the loss of use rating but the VSO and VA can see the rating in the VA systems. I will upload the decision letters soon. The DAV letter mentioned that I can apply for TDIU for being rated 70%.

Background: I sustained an injury while in service to my foot which required a couple of surgeries within a couple of months of each other and now I am still requiring treatment and since have had other parts of my body affected due to this injury. I am hoping someone can help shed some light on how my rating is calculated and when does the "loss of use" rating along with how the amputation rule factor into a rating. I have contacted the VA and they confused me even more than I already was and the award letter did not even address the "loss of use" rating thoroughly. Thank you so much for your support and time!!! My Total Rating is 70% Contentions are below with dates and percentages: loss of use of right lower extremity 40% left foot plantar fasciitis and pes planus 20% residuals right foot fracture, with arthritis and malunion of the metatarsals, hallux valgus, pes planus, and plantar fasciitis 30% degenerative joint disease right knee 10% scar, right foot 10% right ankle, s/p fracture 10% plantar spur left foot with residual limitation of ankle motion 10% degenerative joint disease left knee 10% right foot neuropathy 20% scar, right groin area 0%