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How to Get your VA C-File


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    • Should I file a claim now or wait?
      Sax, your NEW claim has no bearing or affect on the Issues being Appealed to the BVA. I don't recall you mentioning that you actually started a New claim on your E-Ben site. You know, right, just starting the Claim on E-Ben, establishes your Retro Date? Filing as an FDC, is the way to go. My experience has been very positive with filing FDCs, as soon as the New DX Condition is in my VMC Medical Record. Some would caution, that Filing New Claims would slow down your other older claims or appeals. I filed (2) Secondary FDCs 02 & 04/14, 4 yr old DRO Hearing request was held 06/29/14. Both FDCs (1 Denial, 1 Awarded) were done by 07/14.  Semper Fi  
    • Exams during flare up?
      Oh okay, very good info. Seems similar to the one I had as well. Crossing my fingers for an increase. 
    • DRO hearing
      Rpowell, I would hold off on this until John Dorle sees it.     I think that is the John D you mean. Maybe Dr Bash or even John Dorle could provide an Addendum solely supporting the P & T Issue. I do not see a CUE here. And I do not feel you should drop those pending issues if any of them could possibly cause or contribute to your death. P & T is a medical determination, and like all of the other disability ratings, it requires a C & P exam unless they have significant evidence already, as you said they do in the opinion from Dr. Bash. Even if this involves a new IMO ( Dr Bash might want them to do a new C & P so that his IMO can attack that word for word) it would be well worth the investment  (his fee) in my opinion because the benefits of 100% P & T to your dependents and even with impact on your property tax, depending on where you live, all of that would be worth an IMO specifically for the P & T.        
    • Need some advice
      I'd likely see about voiding the NG enlistment. Can't have both. I'd think that you would not be deployable with the problems you mentioned.
    • C&P Examiner Pushed Me...FORCED
      I want to know if any of you have been forced for movement in your c&p exams by an examiner? I was. In fact, at my exam the examiner went through with me my MRI and showed me MS spots all over my lower spine and all sorts of other problems, I just had surgery for blown discs and paralysis... a several moths prior, it was hard for me to even drive to the exam not being able to hardly feel my feet and I had severe arthritis since it was winter (nerve roots all clumped together), I got around with a cane. So, the examiner had me do the motions and pushed me down, and at the sides, etc... it hurt (she literally threw her hand and pushed me and caused nerve damage, my back was extremely swollen from arthritis), I had no idea what she was doing and because of my problems I had some incontinence which was embarrassing. I had developed this from exposures to certain things in OEF (spots on spine). I was so mad, how bad the VA was screwing me any way they could and hell I just got back from war a year prior and this is how I was treated for sacrifice to the country. I left in tears and dirty drawers. I had no idea what to do, the VA hospital refused me c&p records from this and the VA only used it against me and then ignored as the exam didn't exist and the service reps with DAV, American Legion, all didn't give a damn and since I was a very young guy-they didn't care either; being first wave of guys back from war it was sparse to see young vets since not being in war for a long time-I am sure-but they didn't give a damn-USELESS SERVICE ORGANIZATIONS. I tried to fight back, I got nowhere, the VA was against me, in a demonic way. THIS WAS A VERY, VERY, VERY BAD EXPERIENCE I WANTED TO SHARE WITH YOU.  I realized the examiner was puppet for money, the VA and some demonic people within the VA wanted to screw me and that VSO's are worthless and YOU are all on your own. By the way, why is it if you have pieces of your spine removed it isn't considered like a loss of a body part is, losing a leg or an arm is paid out SMC, but if your missing parts of your spine how in the world is that now considered a loss of a body part and not entitled to SMC? It would be like saying, oh you use a prosthetic leg, so you leg is fine, no loss. Hence, segments of spine removed and replaced, fused, etc. I wonder why this topic hasn't caused more fuss in the VA community as range of motion is a joke, and that just all that is used to rate. 
    • Need some advice
      Hello to my fellow Brothers and Sisters this is my first post, I've been a long time lurker. I am a recently discharged OEF Vet. I joined the National Guard prior to my ETS. I really only joined for the healthcare to help out my family members. I knew my mind and body was breaking down too much to carry on doing active duty Infantry and I wasn't allowed to re-class. The Guard offered me one so I decided to re-class in the Guard to a HR MOS. I didn't receive a bonus and haven't gone to my AIT for the re-class yet. I've only participated in one Drill weekend. I recently received my award letter for 100% SC P&T. I don't know what to do now about staying in the Guard? Will I be penalized by the VA? Will it change my rating? Will the Guard just MEB me? Any advice is appreciated.
    • Proof C&P Exams are often frauds
      We'll, I have been lucky so far, but we will see.  I have a C&P coming up for my secondary for heart disease from HBP.  I am scheduled for a echocardiogram. Just went throught all the tests with my cardialogist., to enclude an echocardiogram, and those records went in with my claim. I will compare the two. Maybe my C&P doc (or RN) will be a podiatrist.  You never know.. Hamslice      
    • Should I file a claim now or wait?
      Thanks everybody, I think I will go ahead and push that go button!  The main reason is I want to establish the effective date soon as possible. 
    • Proof C&P Exams are often frauds
      Well, yes, remember who pays for your C and P exam.  Still, regulations provide that if you have a balance where 2 docs differ on opinion, the VA CAN choose one over the other, but has to give a reasons and bases as to why.   For example, one doctor can do a more thorough exam.  Or, one doctor can be preferred if he states he read your records, while another doc does not say this.   If you have been denied, the VA is required to give you the benefit of the doubt if the claim is "in equipose", that is, there is a balance between positive and negative evidence.   When you appeal, you can certainly argue that your private doc did a more thorough exam.   HOwever, your private doc may/may not made an applicable nexus statement.  YOu need to check your records to see if the nexus is there.  
    • Reopened Claim & sent my Medical Records as evidence.
      No real update other than they've been treating my back/migraines with medication. They're setting up an eye exam to see if that has anything to do with the migraines. The doctor they sent me to examined me and was amazed at how bad my physical condition was and the VA not taking any responsibility by not service connecting any of my conditions. (They told me that on an MRI I had in 2000 that I had herniated/bulged discs) I'm still waiting on some kind of update, but it's still in 'gathering evidence' stage. They have my service records now as well as chiropractic records and the records from this recent trip to the doctor. Wondering if I'll get another C&P exam scheduled as I can't find anything in my eBenefits records history about the first one I had and the medical building I had it done at has been out of business for several years. They did send an email saying they should have a decision on my claim by April 2017??? Wow...That's weird they would even set that deadline so far out...so I really don't know what to do but wait...

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lt4ds

70% Rating Should I Apply For Tdiu

6 posts in this topic

I am currently rated 70% overall,

40% for traumatic arthritis lumbar spine secondary to surgery for lumbar disc disease

20% paralysis, incomplete, moderate, right sciatic nerve

10% tinnitis left easr

10% right knee DJD/patellafemoral pain syndrome

10% left knee DJD/patellafemoral pain syndrome

10% Irritable bowel syndrome

10% migraines

claims currently under appeal

Right hip (related to the cause of traumatic arthritis in lumbar spine) I think a high chance this will be rated 20%

left shoulder I think a high chance this will be rated 10%

right foot

deferred claims scars

aches/pains

neuropathy upper and lower extremities bilateral

diabetes

skin disorder/acne

I am unable to work as a result of my disabilities, am currently working through the SSDI circus (step 3 of the process), haven't worked since march 2010. Should I apply for TDIU? Is there a chance it will slow down more the existing appeal that the VA seems to have stuck in a drawer somewhere? Will it be decided cuncurrent with the existing appeal, or how will that work?

What are the odds that I am approved for TDIU? Just wondering what y'all think. Thanks.

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If a vet applies for TDIU during pendency of a claim ,they often fear it can hold up the claim and it could -but then again why wait-

if the VA determines 70& they will usually send the vet the TDIU form at that point and then use the date the vet sends it back as the TDIU retro date -if awarded.

If a vet fulfills the TDIU criteria in say- January 2011 -and then relies on a pending claim to get them up to 70%,still the claims process is so long anyhow- why consider that a TDIU claim might hold the claim up-as this loses their most favorable earliest effective date for TDIU in most cases (but not all).Such as the potential Jan 2011 date.

If a vet wants to hold back on filing for TDIU then they should at least file for SSDI-

If the SSDI award comes faster then the VA decision,(it probably will) and is solely for SC conditons, this is great evidence for a TDIU claim.

Others might disagree with me and that's OK. I feel the VA will make sure they hold up a claim anyhow-regardless of whether the vet also files for TDIU. :angry:

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forgot to add-if a SSDI award (solely for the same SC conditions) preceeds a TDIU claim - the VA should determine the SSDI date of unemployability as significant to the retro TDIU.

I have seen them go back up to one year prior to the TDIU form date for retro.

I always use personal example.

Husband filed for higher PTSD rating (30%)Fall 1992 and also a Sec 1151 claim in 1994.

He filed the TDIU form in Fall of 1992.

He was granted SSDI solely for PTSD with EED Nov 1991 (the last day he worked)

He sent copy of the SSA award letter and a signed authorization form to VA in support of his TDIU claim.

VA never mentioned the TDIU form at all in their decision but used his SSDI date ( Nov 1991) to award 100% PTSD P & T in a posthumous award.

Edited by Berta

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Thanks for the advice Berta, I have an appointment scheduled with the local DAV office to fill out and return some required information for 1 of the deferred claims, I got a letter seeking additional information the day after I received the award notification letter.

I am planning on sending in the form to request TDIU as well. I have some claims that were deferred in 2008 that I waited until Dec 2010 for the VA to do something, and finally requested an appeal on them. I am just concerned they will never get around to taking action on the claims, even though they have addressed the particular problems in subsequent C & P exams for other issues, but still no action.

I wish there was some way to prod them in the right dorection at times, but afraid that will cause them to take longer.

SSDI and the VA both agree I am disabled for the same problems but both seem to be just wasting time making me run around in circles over and over.

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You might consider sending the VARO a letter that you intend to file for TDIU thus protecting you effective date and possibly not delaying your claim. Alex Humpfrey often advised Veterans who were not ready to do that. You have 1 year to file the claim which hopefully your other claim will be finished.

Good Luck

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Thanks pete for the advice. On the last claim, in the narrative, the DVA rep noted my intention to file TDIU, not an offical notification using the forms, but on form 21-4138. I have not idea if that will matter, so I am filing the required form next week when I visit with the DVA rep.

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