Remand To Amc For Current C&p

[SheilaLundlee]

My appeal was remanded by BVA to AMC on 27 Feb 2009. The reason for the remand was "To afford the Veteran a VA examination." My appeal issues don't require a CURRENT C&P exam. This is an appeal of my original rating decision - issued in July 2002. My issues are correctly stated in the remand. They require a decision regarding diagnostic coding and disability percentages as they existed in 2001. Any idea how to address this?

Thanks,

Sheila Lundlee

[SheilaLundlee]

Thanks Philip!

Because I just joined, I can't edit my profile yet, so I'll put some of the information in here... I have been awarded TDIU based on the fecal incontinence. My "natural" rating is currently 80%: 50% depression, 50% rectocele/cystocele, and 30% for loss of reproductive organs. I am also receiving the SMC K award. Unlike many of the people posting here, I have managed to get the VA to do SOMETHING beneficial for me throughout the years. Now, I am working on getting the final issues taken care of - these will leave me with a natural 100%.

I've been reading and following other topics in these forums, but it sure looks like the moderators and the "elders" cover all of the advice that I could offer :)

Welcome Sheila!!! Looks like you have you hands full. I see the remand as a good thing. It will help your claim if you're having that much problem w/those issues.

A couple of things I suggest - apply for TDIU, an extra-schedular rating if necessary, if you can't work. The reason I say extra-schedular is sometimes the VA will state that you are receiving the max allowed for those conditions, which is true but the extra-schedular rating get you around that. I'd also ask for SMC 'k' award, if you're not receiving it already. I hope you're receiving your supplies thru the VA but if not you should be. If you are receiving your supplies thru the VA you should request a printout for the past yrs documenting your useage and submit it as evidence.

Good luck!

pr

[Berta]

Gee Philip beat me to it on the TDIU but I see you have already gained TDIU-GOOD FOR YOU!

Usually BVA decisions are disregarded by the VA but in your case the decision could help you as it seems they would have to rate you the same way.(and all of the diagnostic codes are right there in the decision)

"My appeal issues don't require a CURRENT C&P exam. This is an appeal of my original rating decision - issued in July 2002. My issues are correctly stated in the remand.,,"

By all means make sure that you go to this C % P!

The VA justifies it's ratings and decisions with C & P exams and they are right to ask for a current one.

We have the blank AMIE worksheets here under a search and the Blank C & P yo will get should be there on the list and show you what to expect.

I admire your spirit and obvious Persistence!!!!! which certainly pays off in the VA claims process.

[Pete53]

Sheila:

Mods and Elders are designated Members who have been here for awhile and have shown to be trusted however, they sometimes are not right or you can share your experience or in the case you mentioned back up what was said. Hadit tries to help people with their claims but members must sort out what fits them the best.

So oven if you agree with a post or just want to say I agree it matters.

[SheilaLundlee]

So oven if you agree with a post or just want to say I agree it matters.

Pete:

Thanks! I will certainly throw my 2 cents in if it would be of value. Thanks for your feedback... :)

[SheilaLundlee]

By all means make sure that you go to this C % P!

The VA justifies it's ratings and decisions with C & P exams and they are right to ask for a current one.

We have the blank AMIE worksheets here under a search and the Blank C & P yo will get should be there on the list and show you what to expect.

I admire your spirit and obvious Persistence!!!!! which certainly pays off in the VA claims process.

Thanks Berta! I did go to the C&P (back in Apr 2009) and I sent through a Release of Information Request and have a copy of everything they did and said - they wouldn't give me a copy unless I put the request in writing:)

Also, I thank you for the compliment... I like to think I'm like nerve gas - a persistent agent....