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CUE, NOD or WAIT ???
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TLaff
Filed for TDIU was denied however VA sent me for C&P exams for Cervical, Lumbar, Migraines and Mental Health, I was told even though my my cervical, lumbar and Migraines should all be increased (will show below C&P exam statements) the examiner will NOT use those contentions on making his decision because they are all 3 in an appeal status (dated 2013 still waiting on appeal) so it screws me out of TDIU.
Question?? Even though those 3 are in appeal shouldn't he of raised the ratings according to the C&P exam results immediately? or does that too have to wait for the appeal to go through?? If these increases are given to me i would be at 100% scheduler.
Was rated at 30% cervical due to ROM's this recent C&P exam states (Unfavorable Ankylosis of the entire cervical spine, that should go to 40%)
Was rated at 40% Lumbar Thoracic do to ROM's this recent C&P exam states (Favorable Ankylosis of the entire thoracolumbar spine, that should go to 50%)
Was rated at 30% for Headaches including Migraines and this new C&P exam states (YES to having very prostrating and prolonged attacks of migraines/non-migraine pain of severe economic inadaptability this should be rated at 50%)
Need Advice Please!
T
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