K9MAL

I want to be rated per the CFR and still be able to work as much as I possibly can. If it's not automatic than why would there be an inferred claim? Maybe I don't understand all of the implications but to answer your question, currently I'm in Ch. 31 going to school.

I had a DRO hearing regarding 2 EED (Earlier Effective Date) issues and 2 ratings that I wanted to have increased. I'm currently waiting on the DRO's decision. I did not request TDIU but noticed last night on eBenefits that my contention is now listed as TDIU. I only want my ratings to be judged by the evidence that they have and do not want an inferred claim of TDIU. How can I prevent being labelled IU? Will not filling out a 21-8940 suffice? It doesn't sound like it when you read the quoted below. My reasoning is that I would like to continue to have the freedom to try to engage in substantial gainful employment, if at all possible, and to the best of my abilities in the future. I do not want to be harnessed by the VA’s rules regarding IU and wish to pursue a career where I can find a balance between my injuries and my employment.

Congrats on a job well done. Sue the lawyers for abandonment. ;)

I just pulled mine after his feeble attempts at my DRO hearing. In the past 2 years I've never received a single thing from the VFW concerning any of my contentions. So, for me, no notices before I rescinded POA and no notices after.

I checked ebennies today and saw that after the DRO the contention is now TDIU. WTF?!? I never requested TDIU and it looks like I'm gonna have to find a way to fight it. My reason for not wanting IU is the fact that I can still work to a degree and I don't want the VA mandating what I can and can not do financially in terms of trying to make some extra money. I want them to assess my contentions and that's it!

Nice post and congrats!

Take any dates listed on ebenefits with a huge grain of salt.

Do you only reference the case number or do you print it out and submit it as evidence? You are correct that there was no other etiology or cause and the hearing examiner opined that the tinnitus was due to military service.

Thanks Berta! Reading the case now.

I actually filed a NOD for EED at this point. I think it's gonna get shot down but then I'll move on to the next level. I'm pretty ticked at this point. They don't even consider the evidence right in front of their faces... I'm determined to win.

Berta - My NOD covered the EED for tinnitus and PFS in the left knee. I also had a NOD for my migraine increase and another increase. Both were lowballed and should've been rated higher per the VA regs and what the doctors noted in my DBQ and medical records. Personally, I think she was trying to test me and my resolve when mentioning the C&P's. I just had one about a year ago for these exact things so use the information you have. Delay, deny and all that BS.

^^^ That's what I'm thinking in regards to the initial C&P. No, they did not render a decision. I was under the impression that I could expect to hear something in about 6 months or more...

They have the ability to set it up right then and there? I was pretty adamant about not wanting to jump through the hoops again. The only thing I'll gain is more time waiting for an exam and decision. I just want the ball to get rolling and move up to the BVA as soon as possible.

Congrats! Keep up the fight.

At my DRO hearing I was asked if I'd submit to another C&P to determine if my percentages should be raised. The VSO and the DRO were both pushing for it and I said I would submit to one if it was absolutely necessary. However, really I'd just rather get a denial and move on to the next level of appeals. I read Benjamin Krause's DRO experience and he's stated that you can refuse a C&P at your DRO hearing. I'm wondering if anyone else has told them to pound sand or what the repercussions might be? I'm contemplating drafting a letter and sending it to the DRO telling her that I don't want another C&P and would prefer for her to review the available evidence to make her decision. Thoughts on the matter?

What if you signed a letter stating your intent, scanned it in and uploaded it to ebenefits? Would that suffice or does it need to be mailed? I plan on emailing it to the VSO here locally and to their main office at the RO in Reno. A copy will be saved in my sent mail. :) To Whom It May Concern: Effective immediately, I hereby revoke my power of attorney (POA) with the Veterans of Foreign Wars (VFW). Signed, I'd like to punch my VSO.

Hope the MOPH guy fell out of his chair. ;)

Both great advice. Thanks! I guess my next move is to wait for the SOC and then file the appeal to the BVA? Hopefully I'll get her denial soon.

I did file the NOD but I can tell by her reaction (woman DRO) that she's not gonna let this fly or the tinnitus, which I believe should be retro as well. I'm guesstimating $50k in retro at today's date so by the time all's said and done I'm not sure how much it'll be, about $300 per month going from 60 - 70%. I'm not sure what "staged ratings" are so I'm off to do more research... Thanks again!

I requested a MacBook Pro with the retina display, I'm typing on it now. If you want a specific PC, or a Mac, I suggest you research exactly what you want and be able to substantiate why it is you want that specific computer. Otherwise, you'll just get what they throw your way. Like the piece of junk HP printer I got...

Do you see what I'm saying or am I in left field? To me, it should've been granted in 2002, and then they decided to grant it in 2014 with the same evidence because the C&P doctor and rater actually paid attention this time around.

NavyWife - Sorry if I'm being unclear. Initially, in 2002 my left knee was denied service connection. Although, there were numerous reports of bilateral PFS while in service. The initial denial reads as such: FACTS: SMR show veteran seen for bilateral knee pain and swelling in May 2000; he was instructed in physical therapy of knees; crepitus was also noted; X-rays normal; diagnosis: acute bilateral insertional patellar tendinitis, chronic bilateral PFPS. In October 1999 he attended "knee school", a physical therapy class. He was seen prior to the class for pain and given a low impact aerobics training; diagnosis patella femoral syndrome (PFS) both knees. Veteran seen also in Aug 1999 for PFS diagnosis and treatments. VA Medical Center examination dated November 6, 2001, shows subjective complaints are of pain in both knees, right worse than left. He can walk about a mile without experiencing pain. He avoids stairs as these do cause pain. Range of motions shows right knee: flexion 130 degrees, pain on full range of motion, no lateral instabililty, drawer sign negative, McMurrys negative. Diagnoses: Left knee: normal exam, Right knee: likely internal derangement with limitation of motion. Now, in 2014, they granted service connection and it reads as such: Service connection for left knee patellofemoral pain syndrome has been established as directly related to military service. An evaluation of 10 percent is assigned from January 15, 2013. Although you claimed condition as secondary to right knee and ankle, VA examiner opined that currently disability is associated with complaints in service. We have assigned a 10 percent evaluation of your left knee based on: - Painful motion of the knee (38 CFR 4.40 and 4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown, 8 Vet. App. 202 (1995), have been considered and applied under 38 CFR 4.59. In my opinion, which may not mean much, they originally should've granted the service connection in 2002 under the same principles as they did in 2014. The doctor's opinion from my most recent C&P: c. Rationale: His left knee patellofemoral syndrome is not a result of his right knee condition as his left knee problems began around the same time as his right knee. His right ankle injury also did not cause his left knee patellofemoral syndrome as ankle injuries are very unlikely to lead to patellofemoral syndrome in a contralateral knee. However, it is my opinion that his current left knee patellofemoral syndrome is at least as likely as not a result of his left knee patellofemoral syndrome that he was diagnosed with in service. He was diagnosed with chronic bilateral patellofemoral pain syndrome on a note dated 5/13/2000. Patellofemoral syndrome is most often a chronic/recurrent condition.

I woke up at 5am and started typing multiple things on my phone concerning having to submit to another C&P... This is a rough draft that I'd like to polish and then send to the VA... Is this worth doing or am I just wasting my time and need to appeal to the next level at the VBA? I don't want to waste time and more BS by having to submit to more C&P exams when they're not necessary. Sorry for the weird format, it's a cut & paste job: I believe that I was unnecessarily pressured and coerced into acquiescing to future and further C&P exams by the VA's dro and the VFW VSO, xxx, during my hearing. Not only did there appear to be collusion but also an undue familiarity between the two. Similarly, I felt undue pressure to submit an 8940 applying for individual unemployability without having been explained what the ramifications are for a decision of that nature. I do not wish to pursue IU at this time and only want an opportunity for the evidence to be weighed fairly and for it to be judged by the laws imposed by congress and the CFR. At this time I am dropping representation by the VFW and rescinding my power of attorney. Unless the VA is calling into question the examinations by the previously mentioned physicians or a new C&P exam is medically necessary to treat the existing disabilities I think the existing C&P exam should stand on its own merits unless the testing performed by doc xxxx is to be called into question. Along with that the supporting evidence of a VA DBQ as performed by a board certified Gastrointestinal, doc Nemec, should be sufficient evidence unless the VA is calling into question dr nemec's integrity, his determination or the validity of his statements. This is an obvious attempt by the DRO to "delay a denial" and is nothing more than a stalling tactic. Furthermore id like to know the va regulation pertaining to existing C&P exams and the procedure for calling into question the physicians previously performed examination. If there is no such law, rule or regulation pertaining to the aforementioned then I would like to have my case reviewed de novo with the previously submitted evidence post haste so that I may appeal in short order the expected denial of the earned benefits to this veteran.

If all of my contentions were granted it would've been in the neighborhood of $80k if I have my figures right.

I thought it would be an in person hearing as well. You're correct, me, the VSO and the DRO via video. I did speak up and they pretty much blew me off, I felt steamrolled by the whole deal and the VSO was even calling the DRO by her first name and was definitely on a casual basis with her. He was a jerk to me and acted buddy buddy with her and it was blatantly obvious where he got his bread buttered.