hendi

If you read the FL, you will see they must defer TDIU until they receive VA form 21-8940. This may happen or you may qualify if you have submitted the correct evidence. So don't worry until you get the letter.

If you are waiting for a decision for new or increase in benefits, that would make you eligible for TDIU. You must read the latest training letter put out 6-17-2013. This is the link to the letter: http://www.scribd.com/doc/148923612/FL13-013-001 They are just trying to make it harder on the vets to qualify for TDIU. If you get informed you have a fighting chance. If you are having problems with the above link go to Jim Strickland's website: www.vawatchdog.org It is on the home page.

Yep, the only way they can take away your rating is if they can prove Fraud.

Boomer2, thanks tried that, but because it is a VA contract doctor they told me to just contact my VARO.

I have been through the NOD twice. As they say "been there done that". Total time was 6 years (1999-2005). Went to BVA, and once the judge got the file closed within 2 months in my favor. They were worried I had a sure fire CUE claim.

rpowell01 - No it was done by a VA contracted doctor, in Fresno California. He was so busy that day, he only spent about 10 minutes with me. He was doing the DBQ as we spoke, I think alot of what he was doing was letting the program default to the min. ie: pain when moving leg NO, were did pain start on ROM ZERO etc. So he made a lot of mistakes, because he was in such a rush. These guys get paid per DBQ not the quality of the DBQ. But, he counterdicted himself when he said I had very limited ROM and was in pain, when I walked with a cane and a severe limp favoring the right side, due to narrow gait. Who knows what the rater will think. Hopefully they will see the inconsistencies.

I tried several times but keep getting error. Converted my .txt file to .pdf file (using a text to PDF converter), it uploaded right away. Printed receipt and have proof. Just to be on the safe side, I still sent the information via usps certified mail to RO. Then found out they had sent my c-file from Oakland RO to Denver RO, so sent them a copy certified mail. Anyone know anything about the Denver RO?

Thanks I know 10 years locks you in for SC, but they can re-rated lower anytime before 20 years. I sent the VARO a letter today and said nothing about my C&P exam. I only put into the record what my PCP had in his notes and the x-ray information, as if I were just adding to information for my increased claim. I copied notes from My Heathvet, and sent copies of both my PCP and x-ray results.

I have been rated at 50% for over 10 years (40% right knee extension 30 degrees – 10 % scars – 10% lumbar spine). The problem I have is with the C&P exam for my knee and back. Both were done on the DBQ forms. The doctor only took 2 measurements (one for knee flexion - one for back flexion), my knee flexion 30 degrees (I agree with this) but he put on the form that I had 5 degrees extension, my knee is in one position (I could not move it forward or back from where he took the measurement). I have no idea where he came up with this measurement. The other measurement was my back, he had me stand I barely could move forward, but he put that I could move forward 60 degrees flexion. Since then I went to the VAMC for severe back pain, they took x-rays and it showed I have severe degenerative osteophytes and sclerosis of my lumbar spine. I saw my PCP, and asked if he could evaluate my ROM on my knee and back. He put in his notes I have a ROM of only 50 degrees extension on my right knee, and I only had 15 degrees on forward flexion for my lumbar spine. My PCP is an ex-C&P examiner. I went to the VSO and they said I should not send this information to the VARO (it would slow down my claim), that I should what until I get a rating back. Do you think I should send this information by mail or go to ebenefits, and upload a copy of my PCP notes? The C&P doctor did one thing good on the forms he stated I would not be able to work because of my knee and back. I had to stop working 3 years ago because of my SC disability. It seems insane not to get ahead of this, before I am denied or re-rated lower for an obvious error. The C&P exams were done with a VA contracted doctor. Army 1966-1976