VAW-126

Well, yes, there can be inferred claims, especially if the c and p examiner makes a note of the secondary condition. Robinson states that VA has a duty to maximize the claim.  Altho they get away with not doing this, it is a suprise when they do.  This sounds like your good fortune, but follow up to make sure they did file the inferred secondary condition.  

I would wait for the letter from the VA.  I had a simular thing happen and even though the rater asked the examiner to opine on something that I did not claim to include whether it was as least as likely as not caused by, etc.., it was not mentioned in my letter.  The examiner was even asked and she did opine that it was caused by and as least as likely greater than 50% etc..
I am filing another claim for it.
Not sure were the rater was going with the questions, but it was on a reffered part of the claim.
Hamslice
 

I would hope so, but with the VA you never know.

Are you the same member who posted in a different thread a few days ago? That thread got replies.
As I recall the examiner was a NP and probably had no cardio expertise.
I think I suggested to wait for the decision. 
If so, that thread s here somewhere under a search.

Oh - not a cardio doc nor maybe with no Spine exam  experience at all.....
The DBQ, if it causes problems with your IU due to her statement ,can be rebutted ,in my opinion because the DBQ is too speculative....and she probably has no cardio background.
I did the same thing when the BVA asked for a third VA opinion on my DMII claim from a cardiologist.
I got an opinion from a VA PA.The BVA agreed with my rebuttal.
Nothing wrong with NPs but some time ago I put the Federal Register comment link here for all to comment on whether NPs should take the place of MDs for VA C & Ps. Thanks to all who commented on that.
The VA went ahead and decided ARNPs could do C & Ps. 
If I were you I would wait for the decision. It might not be as bad as it sounds.
But her statement as to not being unemployable is concerning.

I am not to sure on this  but a lot of times if the Veteran is not Represented by an accredited VSO , Then usually the veteran don't have the experience as to how to go about checking out Dr's Credentials or even thinking about it , they usually just take the denial or proposal to reduce  as in this case...and probably get his benefits taken away or reduced  ( the VA  is counting on this and they eat it up and work the claim fast)  so the veteran must act fast in his NOD to check out the original examiners qualification.
So here is my Question  when a Veteran gets a bogus C&P Exam (unqualified Dr)  and it possibly could mean he will be reduced or benefits taken away  Because  from a Unqualified Examiner  can this been a CUE?

Ms berta
It appears  or its obvious this examiner don't know what he is talking about  if he had read this veterans records, the below statement don't make any sense and it don't take a Dr to figure that all out. when its in black & white .
 Quote from VAW 126,''The examiner also noted in my DBQ that my back and heart conditions DO NOT prevent me from working when in fact the reason I am receiving IU from the VA is because of those same conditions so why would the examiner say otherwise. Also she was looking at my Disability FAVORABLE Decision from the  Social Security  Administration that referenced that my SC conditions caused my disability.''
Sounds like he is saying the veteran has improved on his Heart & Back condition that the VA them self's rating him IU Using the Extra Scheduler (b) at 70% this is why  the veteran needs to check out this Examiner Credentials...A foot Dr can't give his Opinion on a heart condition.  it don't fly with the VA  but yet they will take this examiners word for it  unless this veteran speaks out and check this examners credinitals  to  get another C&P from a Quailfied C&P Examiner
If I am understanding this right a veteran can use private hospital records as evidence  correct?

"The examiner also noted in my DBQ that my back and heart conditions DO NOT prevent me from working when in fact the reason I am receiving IU from the VA is because of those same conditions so why would the examiner say otherwise. Also she was looking at my Disability FAVORABLE Decision from the Social Security Administration that referenced that my SC conditions caused my disability. I just hope that the rater will take a MUCH closer look at all of my evidence because it appears that the EXAMINER is against me."
When they gave you the 70% were you employed at the time ,and  if not did they consider TDIU in that decision?
Have you googled this DBQ doctor's name to see what expertise she had to opine on any of this?
I have been hospitalized twice in the past 12 months prior to my C&P exam for my heart condition
Is that info in your VA medical records or if this was at a private hosp., does VA have those records?

The thoracic and lumbar spine are rated together, seperate from the cervical spine.  And unless you have bedrest episodes, then you will be rated by range of motion.  Your 20% for you lower back is probably from ROM.  The rater being consistanf or inconsistant with tthe Veteran, I believe, is the examiner can't say either way (without more Info) without speculation, etc., and you win in that instance.  Benefit of doubt.
I dought the VA changing your rating on your lower back, will have any effect on your SSDI.  I think that is done.  After my wife got SSDI, we have not heard boo from anyone at Social Security over the last three years.
Keep plugging away,
Hamslice