vetquest

tazntalyr, I would go with the paper request then. It just takes a while.

Instead of filing an FOIA that might not come back in time I would try to go to the VA release of information office and try to get it there if it is not too far away.

One thing you mentioned is that she said there was no evidence when the evidence was available. Talk to your representative about this. I once had a C&P thrown out because the doctor did not read or annotate the evidence of record that was available at the time. It throws out the impartial status of the examination.

I believe the RO's do not have phones. They are sequestered in the basements of federal buildings and can only be seen at night when they scurry out to go home to their dens.

Do you have someone to assist you with this filing? You need to fill out the TDIU form https://www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf And see if your previous employment will fill out form https://www.vba.va.gov/pubs/forms/VBA-21-4192-ARE.pdf Yes, there will be another C&P and you can be reduced. You are always warned that the VA might reduce your benefits if you apply but that is rare. When I filed my claim they said they were going to send me in for a C&P for a reduction in rating but never did.

Yes, I have found the same thing. They did it to ensure correct statuses but now we cannot see anything on open claims. They are aware of this and working on it. I personally do not have much confidence at the moment. Maybe I should stop by and help them reprogram their computer.

When I finally lost my job my doctor wrote a letter saying I was no longer physically able to perform the job duties required. They dropped my like a hot rock. They informed the VA that I missed time due to my health, that I could not be trusted to work a full 40 hour week. Speak to your employer or HR and see if they are willing to fill out a form for you.

My first thoughts are that he is gouging. But, if a doctor does not know how to write a VA approved nexus you will fail unless the BVA gets involved. My specialist did not write a true nexus letter but I believe it was accepted by the BVA because it noted my in service injury, how it can cause my condition, that I had no other triggers and then he cited current medical literature. An IMO nexus letter can be no good at the RO level if it has not got the correct statements. It is sad that they will only accept a letter with the correct accepted statement but it is how they roll.

Screkthetank, I was doing a re-evaluation of my rating. I understand that the doctor states your demeanor, appearance and state of mind but I want him concentrating on my demeanor and evidence. You can put lipstick (dress well) on a pig and it is still a pig. What helps carry the day is evidence of you being in continuing care for your PTSD. Part of the mission of this website is to give accurate evidence to veterans seeking help with the VA. As Tbird once stated the VA was concerned to know if we were "prepping" veterans for PTSD claims. We want to give veterans the best advice we can about dealing with the VA without telling them how to bend the rules. PTSD exams are performed by doctors who can spot an imitation in a second. That leads to a denial.

Wonderful, they are working to complete your claim as soon as possible, I really love the VA. They get everyone into ramp and it becomes the legacy program all over again.

Doc, I have to disagree with you on this one. I wore my Sunday go to meeting clothes and showered and shaved for my appointment and was awarded 70%. It was the evidence that made my rating. I can look good but that does not mean I am not a wreck on my bad days.

That is great, when there are two conflicting medical opinions they are supposed to resolve reasonable doubt in the favor of the veteran. The RO might not do this but BVA usually does, not that you want to have to go that far.

Take the medical records that state this and have your VSO send this to the VA. It should be listed as evidence considered in your RO decision, if not then you have reason to appeal.

Good info sir.

It is your right to request your wife accompany you to the exam. My VA neurologist did not allow my wife to attend but a sympathetic doctor will allow this. Remember when you are in the exam tell the truth but when the doctors asks about your symptoms describe your worst day, not a day when everything is going as supposed to. They will probably being up some sensitive things but remember that the exam is a chance for you to show how PTSD affects your life. Good Luck.

I cannot stress how important it is to have a doctor state it is more than likely than not that your RA is related to your ankle injury that occurred in service. If he is out for your best interests he should add this to your DBQ or IMO. Your C&P examiner eluded to this but did not come out and say it but if your doctor is willing to say this it brings up reasonable doubt and that is supposed to be done in the veteran's best interest. Please speak to your doctor and see if he is willing to add this.

The new regulations might be in but it does not mean the RO will apply them. Check your decision carefully and see if the TBI and PTSD are rated separately or if they are lumped in as a psychological disorder. If not then you can appeal. The previous BVA decision can be referenced in your appeal but is not precedent. Note that TBI is defined under diagnostic code 8411-8100 and PTSD is defined under DC 9411. Therefore TBI is a separate and distinct disability. The RO's make mistakes in decisions but the BVA is more careful to apply the regulations as required.

Sorry Vern, I do not know of any specific form. I would try a letter to the C&P office.

TBird wrote a full article on this, it is very well researched and indepth: https://www.hadit.com/challenging-cp-exam/

Congratulations!

I will take a shot at this. If you are awarded TDIU for one disability and have another separate and distinct disability that rates 60% you can get SMC S. Even though I have gone to 100% I do not have an individual disability at 100% and an additional 60% so my TDIU still counts as a separate and distinct disability. Even though I am 100% I still need my TDIU to get SMC S.

Some of the more computer savy guys put a name in with an ampersand and the name and it highlights the name and notifies the person they were mentioned. I was wondering how this is done.

I do not know how others do this so I am just going to ask the hive. How do I put someone's name as "@buck52" so it notifies the person they are being questioned or mentioned?

I really appreciate how the VA is able to miss records that are in our favor. If your records that are referenced as missing are important I would get with your VSO and resubmit them. Even so, when your case is completed by the RO look to see if these records were included in evidence used to make decision. That could be the basis of a CUE. I know it is a little late but it is good to have these records available at a C&P incase the doctor says he does not have them. Reading the exams the doctor states "Upon review for this case, it becomes apparent that the multiple joint complaints while AD are consistent with Rheumatoid Arthritis even though it was not diagnosed while active duty." This sounds like a good exam where the doctor is trying to say you had RA in service. I think the doctor is new to the VA and how they do things though. A really good statement would be something like "it is more likely then not". They are trying to relate your RA to service in my opinion but we do not know if the raters know how to read when it is not in their preferred format. The second issue I see with your C&P is that the examiner notes that pain is your most prevalent feature. The VA is supposed to take this into consideration but they do not recognize pain a lot of times. If you have strong civilian evidence that is a good thing. Does your civilian doctor state you had RA in service? If they do it would be nice to see if they are willing to state "it is more likely then not that the Veteran had RA in service" in a DBQ or IMO. Buck, Broncovet?

This looks like a winner to me. He even noted side effects of your medication for headaches which seems to be pretty rare. He affirmed you TBI and noted all side effects of migraine, memory and emotional. Buck or Broncovet will be along and have even better advice.