Navy4life

The nice thing about the deferral is at least they went ahead and rated you for what they could right now so you can get the compensation and medical while you are waiting for the other deferred contentions

When I had several contentions deferred some had C&P exams and others didn't.  It depends on what the rater needs in order to finish his/her assessment of those contentions....

Woot Woot! that is awesome! Congrats!  What is still deferred?
Happy DANCE!!!!!!

Like you, there was evidence in my STR that my TMD was already evident when I left AD. But maybe now I can afford dental care. I feel very blessed right now!

I figured that....

Dental S/C is next to impossible to get....heck I was denied and I had direct proof that my eating disorder caused my fainting and resulted in my cracked teeth.  I even had DBQ's from two dentists!

Oh OMG...I am still in PFD...Seems like this is going to be it and NO the C&P exams are not with your packet.  I got mine by going to my local VA hospital and going to the BVA office and requested them and got copies on the spot.  They were C&P exams from a QTC facility....
Are you S/C at all right now?  You might find out that you get an award for some contentions and some might get deferred or you might get a decision on all your contentions....

I knew that would be a tough one. If it is determined that my TMD was related to PTSD and Anxiety, would that be good or bad? It doesn't sound like I would be 100% SC, right?

My claim now says "Preparation for notification" [*Peanut Butter Jelly Time*] but that seems too quick. Does anyone know if my C&P exam results will be in my decision packet? I faxed my request for the results to the Evidence Intake Center a couple of weeks ago.

I don't see you having a problem with your NOD.

I have seen crazy things, if your FDC covers the same thing as your NOD the DRO may address everything but that is speculation on my part. In some cases the DRO will hint at what his or her decision will be.  I had a hearing where the Judge apologized at least five times for the long processing time it took to get my claim through the system and before I got home from a four hour ride, I got a call from my lawyer saying that I had won.  I know it is hard but try to take a deep breath and relax, your VA doctor is on your side and that says a lot.

IMHO, I would not normally tell a veteran to wait but you have a real good IME from a VA doctor that should really help with your claim and you should win your service connection from either your FDC or your hearing. Because your doctor states that your condition is more than likely it should go a lot better than you think.

3.310   Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
(a) General. Except as provided in §3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.
(b) Aggravation of nonservice-connected disabilities. Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected. However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury. The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level.
(Authority: 38 U.S.C. 1110 and 1131)

The crazy one here, so you have a letter from your VA doctor that state that your service connected condition caused you to have the surgery. Sounds to me like you need to apply for the 100% Convalescent Temp. rating and a separate rating for your Right Foot.
4.30   Convalescent ratings.
A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to §3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section.
(a) Total ratings will be assigned under this section if treatment of a service-connected disability resulted in:
(1) Surgery necessitating at least one month of convalescence (Effective as to outpatient surgery March 1, 1989.)
(2) Surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited). (Effective as to outpatient surgery March 1, 1989.)
(3) Immobilization by cast, without surgery, of one major joint or more. (Effective as to outpatient treatment March 10, 1976.)
A reduction in the total rating will not be subject to §3.105(e) of this chapter. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physcial examination will be scheduled prior to the end of the total rating period.
(b) A total rating under this section will require full justification on the rating sheet and may be extended as follows:
(1) Extensions of 1, 2 or 3 months beyond the initial 3 months may be made under paragraph (a) (1), (2) or (3) of this section.
(2) Extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made under paragraph (a) (2) or (3) of this section upon approval of the Veterans Service Center Manager.
[41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989; 71 FR 28586, May 17, 2006]
 

Sorry for the late response, I'm not feeling too well this evening. Since she is a specialist, and your hearing is in two days, i would speak to the DRO about your symptoms and bring as much evidence as possible. If the DRO seems undecided, try to get another IMO or DBQ filled out asap to counter that exam. Since you are already sc for ptsd, it doesnt have to be a VA doctor, just make sure he/she is a psychiatrist/psychologist. I hope everything goes great at your hearing, Navy4life, you can do it!

Congrats on the 70% rating!!!  
When you file the NOD be sure to say you request a DRO hearing in the NOD!
 

Flores;
I will look her up now but I just edited my thread above to include the 3.344 Stabilization of disability evaluations...Thoughts?  At this point if I don't get reduced, which I know won't happen right now, BTW this is for my FDC claim, I am okay with remaining at 30% with a potential rate reduction down the road.  After all I am in therapy and if I get better great but heck I know I am not at 10% PTSD by any means!
FYI she is a Psychiatrist/Psychologist....

Navy4life, its very hard to say with VA. Other members are far more qualified to give advice on this, but here goes. First, look up the NP/Docs name, research their background and look at qualifications. Even if they are a Doctor, if they are, say, an Orthopedic Surgeon then what is she doing giving rxams to detetmine severity of ptsd? If she has a different field of specialty, write up a statement challenging the exam and bring it to your hearing. To write your statement, look up Junk science invades VA like ants at a picnic. Mr Attig tells us exactly how(what phrases to include), to challenge the exam. Good Luck!!

I hope it goes well....My C&P exams for my FDC claim I am really worried about...I put them in the C&P forum for reading pleasure LOL

That's great news, Navy, fantastic! I'm so glad that you will have those records!! It should be there in time, I wish you the best of luck at your hearing!

Just checked eBennies, and my claim has moved to "preparation for decision"! It's going to be hard to concentrate for a while...

A few weeks ago I contacted my local congressman trying to get my C-File.  Well I got a call today from his office and they indicated the RO sent my c-file to me yesterday in the mail.  Nothing like waiting until the last minute!  I have my DRO Hearing this Friday and I have been trying for over a year and half to get my c-file.  
It just goes to show you that persistence pays off!

I had my C&P exams with a QTC facility on 2/4/16 and they were received by the VA on 2/18/16.  You can check on Ebennies for C&P exams and see if they are pending or complete.  It is under the appointment calendar.  I figured this trick out last year.
As far as your exams, they are not available on MyHealthyVets, but I was told if you go to the VBA at the local VA hospital and ask for them they will give a copy to you.  Worth a shot....

Congrats on the 70% rating!!!  
When you file the NOD be sure to say you request a DRO hearing in the NOD!
 

Well unfortunately when you go for an increase like I did you open yourself up for a decrease. While the therapy has helped me I still think I should be at least 30%. I went on the advice of a VBA for the increase. I filed an FDC for an increase to my left ankle; 100% for temporary convalscence due to surgery; eating disorder; and PTSD.  What I should've done is gone with my gut and just simply filed the FDC for the left ankle and the 100% temporary due to surgery has not filed the others. 
 So basically I hope that I didn't screw myself but we will see