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    • Yesterday afternoon on what was a really bad physical day for me I got a call from my lawyer, asking me if I had received anything from the Dept of Veteran Affairs...I said no I hadn't checked my mail yet.  He had received a Summary of Case pertaining to my appeal. He said it stated I was rated at 70% for a mental health condition and it went on to say the total amount and the amount withheld for him my lawyer. He was very pleased. However, I was confused. I wasn't sure why it was only about one condition I assumed maybe all the other conditions were differed as I have heard has happened to other Veterans. I checked the mail box on my way out and read through everything in a parking lot and that same feeling from four years ago came back to me, I was denied on all of my physical conditions for a second time, after the Decision Review Officer pretty much told me my case seemed to be clear cut. With the SOC a form 9 was sent. For the denial each one stated that the examiner said my condition was less than likely caused by my time in service and that the condition should get better. My lawyer said he was going to review the SOC when he got a copy. I know I will need a really good IMO or IME that will show the problems I have still bother me and have not gotten better, I just I don't know. It feels like they gave me a large rating on their hiccup and decided to skip the rest. (For anxiety and depression my C&P examiner said I did have a mental health condition rated at 10% but I was denied in the end without being given a reason)  I know I should be happy about my win but it has been really difficult for me. My husband (also a Veteran) who has not supported me in my fight with the VA is beyond thrilled about all this. I tried to explain to him that it's not about the money it's about getting treated for my conditions that are service connected.  The summary of case I received says the decision was made on July 20th, I didn't get anything that says what my current rating will be but being already 30% I reckon I'll be bumped up to 80% Nothing on E Benefits has changed, it still shows that my appeal is open. Does that happen often?  Would anyone be able to tell me if I will be getting a new copy of my AB8 or is that something I'll have to call in for?  I haven't gotten any retro yet but I'm not worried about when that will happen what I would like some insight on is when I'll start receiving the new increase, if the award was decided on July 20th would that be early enough to begin getting the new increased award amount in August? Little Timeline Discharged in June 2010 claim filed previous month July 2012 denied all conditions approved for TB September 2012 NOD filed August 2013 VA deleted my NOD and a new one was immediately filed they claimed it was done wrong lawyer error September 2015 DRO face to face at ATL RO July 20th 2016 decision made Thanks for reading, Natalie
    • I personally would never correct a C&P examiner no matter how bad or incomplete I thought it was going.  I too, had a C&P where the examiner should have measured a scar, but didn't.  So, when they tried to rate, they couldn't and I had to go to a second C&P for measurement.   When I got my decision (a win), the second examiner added a claim for acne, which was service connected.  Which I never claimed, but he found in my med record. FWIW, the second examiner was better than the first, but you don't get to choose, and its a lottery, but, Telling someone how to do thier job, especially in the VA where your claim can go away for a long while, is probably not a good idea. But you can diss-agree (NOD) and thats fair game, because thats the way they play,  Or reopen with new evidence, as I have done. Hamslice  
    • Do some homework on your C&P examiner and find out all you can about him. Why some C&P Exams are not as good as others...  I hope the link comes out ok. My point is, find out all you can about who/what your Drs. are;  especially if the VA contracted your C&P to an outside firm.. The contractor  may or may not be looking out for the veteran.  Below is one of the firms contracted with the VA to do C&P's.   My first impression of this firm is that they may not have the "most experienced" DR's to preform the VA C&P.   Note I did not say they are not good DRs, only they might not have the knowledge of conducting a "VA PROPER"  C&P. One of my friends had a C&P done at this contractors facility and the DR. was not interested in any of the material he brought with him.  Basically my friend sat there in front of the DR while he entered/looked at a bunch of stuff on his computer..  Asked my friend a few questions, looked at his scars(did not measure them) and that was about it.  30mins later the exam was done. Oh yeah, he asked my friend if he had any pain..  This C&P was a result of a NOD he filed on his original claim denied for SLE (Lupus) . VA denied the claim without scheduling a C&P for him.  Will be interesting to see his results of the C&P Home About Us Services Our Clinics Physician Opportunities Employment MSLA News & Links Veterans  Call Us Today Toll Free 866.4.MSLACA MSLA Clinics Special Contracts Worker's Compensation Become a Veterans Affairs C&P Provider Become a Veterans Administration C&P Provider   Help Our Veterans by Becoming an MSLA C&P Provider Medical Support Los Angeles (MSLA), A Medical Company contracts with the U.S. Department of Veterans Affairs (VA) to conduct compensation and pension (C&P) evaluations in California, Nevada & Hawaii.   Current Opportunities  We are constantly recruiting independent examiners in all areas of specialty to join our provider network. Various work schedules are available, including evenings, weekends and part-time.  Our Medical Director and Quality Assurance staff will provide you with necessary training to become a registered and qualified C&P examiner.   What is a C&P examination? C&P examinations do not involve treatment and each evaluation consists of reviewing the veteran’s subjective complaints (history), followed by the examination.  The examiner completes the appropriate Disability Benefits Questionnaires (DBQ) that is utilized in the disability evaluation process.  DBQs contain check boxes and standardized language to streamline the process enabling providers to capture important information needed by VA to accurately evaluate and promptly decide Veterans' claims for benefits. Why Choose MSLA? No administrative burden or collection hassles. Industry standard payments of provider services that is promptly processed. Providers have independence to focus solely on conducting the highest quality examinations/evaluations. Our staff schedules all examination appointments; provides examination instructions/directions by letter to each Veteran; and each Veteran is assigned a caseworker to help them through the examination process.   We Look Forward to Working with You We would love for you to be part of the MSLA Team that aspires to take care of those who have so bravely served our country! If you or any of your colleagues are interested in serving our Veterans, please complete the provider contact form or contact our recruiting department at: XXX-XXX-XXXX. Help Our Veterans by Becoming an MSLA C&P Provider   Medical Support Los Angeles (MSLA), A Medical Company contracts with the U.S. Department of Veterans Affairs (VA) to conduct compensation and pension (C&P) evaluations in California, Nevada & Hawaii.  
      Current Opportunities 
      We are constantly recruiting independent examiners in all areas of specialty to join our provider network. Various work schedules are available, including evenings, weekends and part-time.  Our Medical Director and Quality Assurance staff will provide you with necessary training to become a registered and qualified C&P examiner.  
      What is a C&P examination?
      C&P examinations do not involve treatment and each evaluation consists of reviewing the veteran’s subjective complaints (history), followed by the examination.  The examiner completes the appropriate Disability Benefits Questionnaires (DBQ) that is utilized in the disability evaluation process.  DBQs contain check boxes and standardized language to streamline the process enabling providers to capture important information needed by VA to accurately evaluate and promptly decide Veterans' claims for benefits.
      Why Choose MSLA?   No administrative burden or collection hassles. Industry standard payments of provider services that is promptly processed. Providers have independence to focus solely on conducting the highest quality examinations/evaluations. Our staff schedules all examination appointments; provides examination instructions/directions by letter to each Veteran; and each Veteran is assigned a caseworker to help them through the examination process.    
      We Look Forward to Working with You
      We would love for you to be part of the MSLA Team that aspires to take care of those who have so bravely served our country!
      If you or any of your colleagues are interested in serving our Veterans, please complete the provider contact form or contact our recruiting department at: 866-4-MSLACA. MSLA Medical-Legal Evaluations Appointments scheduled in 30 days
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      Real-time online scheduling MSLA Employee Portal ©2009 MSLA. All Rights Reserved. Home About Us Services Our Clinics Physician Opportunities Employment MSLA News & Links Veterans  Sitemap Legal Notice Privacy Website design by Imagn Design  
    • I've had a few C&P exams go in my favor that I really thought the doc either didn't care or was incompetent. I say that because they just asked me questions and I answered them.  I was honest in my answers, but they did no exam to confirm my statements. Off the top of my head, my deviated septum and BPH were rated without the doc doing any type of exam.  All they did was ask questions.   I agree with waiting until it shows up on the blue button.  

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snomanx3

40% Tdrl 80% Va Rating

8 posts in this topic

Hello all =)

I was discharged 40% tdrl from the Navy in Nov06. I applied for a VA claim Apr06 and finally got back my final rating of 80% service connected. Dfas sent me a letter in Dec06 that my retirement rating is 100% and back payed me to Nov06. The dfas check is more then what the VA is going to send.

So now im confused because I was told that the VA will recieve the 40% from the Navy until the "severence" amount is paid. Then I would get only a check from the VA.

With the tdrl thing of 40% and seeing the dfas letter saying im 100%... maybe its the tdrl with the

VA(40% +80%)? I thought the VA doesnt rate diagnosis that the Military rates you for?

Am I only going to get one check or two checks with the Navy check being reduced?

I was only in for 13 years, Iraq x2. So I dont think im eligible for cdrp or cdrc.

I hope to get my VA rating to 100%, so many evaluations were in the grey area and close to increases. Im so miserable and in pain 24/7 taking vicodin to survive. ugh....

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Snow:

Welcome to Hadit. If you are not able to work you should be considered for 100% TDIU. There is a big difference in pay.

Good Luck

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Snow

As Pete says apply for IU if you unable to work. You will be paid at the 100% level from the VA if you get IU. 80% is enough so that the VA should evaluate you for IU anyway and they should treat it as an inferred claim but they may not do that so you should do it yourself as soon as you get your decision. It would be retro to you discharge date. For a single person it is around 2300 bucks a month and 2610 for married. All tax free I might add.

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Was the 40 TDRL for more than 1 disability? Did the VA rate you the same for that particular disability or was it rated less?

Also, CAUTION, your TDRL disability is not permanent for a least 5 years. You'll get rated about every 12/16 months. I was 60% and they dropped me to 20% (meaning no retirement, lump sum) You don't want that to happen! Keep going to as many appt. as possible and stay up on your meds! For the whole 5 years, then you'll be permanent.

The VA check might look lower because they are deducting the 40% from the disabilities the military gives you. And they have to catch up those few months that you've already been paid. Remember, also the VA is TAX FREE and isn't lowered quite as easy as the TDRL.

I was rated 10% on one disability in the military and the VA gave me 30% and I was rated 20% on one in the military and the VA gave me 10%. I found the Military hard to fight, it took me 10 years for one claim TDRL. The VA to me 6 months.

Its good your still willing to keep fighting for your rights!

rway

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My husband was also on TDRL for his back. Think he was also rated at 40%. It is very important to keep going to your doctor on TDRL. My husband didn't. The VA re-evaluated him after about 2 years. He was found to be fully fit for duty and went back on active duty.

Liz

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Thank you all for the help!

You all are very kind and considerate here in this forum.

Im not sure I want UI. But ill tell you im not sure I am capable of actually working. I cant be around a lot of people. I have ptsd from Iraq. I was a corpsman and ive seen the most horrible injuries ill ever see, plus being shot at everyday. I havent worked since leaving the Navy. Its kind of driving me nuts. I cant even shop at the commisary.... I feel like a bomb is going to go off in there...so i shop at small markets with less people.

Rway

I was rated with three diagnosis from the Navy %20 %10 %10= 40% TDRL

The VA rated me %20 %10 %30 for the Navy rating....I thought VA doesnt rate Military ratings??

VA gave me also %30 for something else and a bunch of %10 and %0 ones...

VA total %80

I think I will fight for the 100% from the VA

So wont the VA pay me for everything except for the military ratings? 40% TDRL is half my active duty pay, minus that from my va pay is what VA will send me... right?

1650(Navy)-1450(VA)= -200 So VA wont send me anything?

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