vetquest

Wow, I had my first AIT at Devens, had an accident, then had another AIT at another base.  It seems this never ends.  Still waiting for my appeal to be sorted out.

Congrats Broncovet.

Sounds like you know the VA well now.

@JKWilliamsSr, @pete992 
Seeing the C&P exam notes and relevant STRs' would really help clarify the situation, but the veteran may not have them handy or might not want to share them.
I had a C&P where the doctor started by asking, "How are you today?". I responded, "Fine". They wrote that to wrongly interpret that I was not reporting any symptoms, despite having filed a claim asserting a certain disability.
Keep in mind asthma is a really tricky rating. It is used when there is no other diagnosable respiratory condition, but airway constriction is present. The "note" in the rating criteria requires the VA to go and check the records to see if there instances of asthma attacks on record. Technically, you could have FEV/FVC%'s of 100% perfection and still get granted a rating because your STRs shows you reported breathing issues and filed a claim for it.
The VA is still required to consider all evidence of record. It is in VAOPGCPREC 12-95 and references Russell v. Principi, Bell v. Derwinski, and Damrel v. Brown. Based on the totality of the evidence of record, the VA should not deny based on one instance where no problems were reported.
His 1997 C&P exam showed "pulmonary function results consistent with mild restrictive disease or asthma".
Of course, they denied because "there was no evidence that you had a chronic disease of that nature during service". Back then, looking for "chronic" was a very popular way to deny benefits. I can't recall off the top of my head what forced the VA to stop looking for the term "chronic". I think it might have been in the VCAA of 2000.
And then there is this: "In 2002, however, military PFTs, which they showed some abnormalities possibly associated with small airway disease, were also considered to be possible normal variants."
In 2004, the VA gave this statement less weight and it appears to be the basis of the denial. But the underlying STR's would need to be reviewed to determine if the VA merely quoted "possible", or did other STRs have a diagnosis or assessment of asthma. The VA loves to deny a nexus because it contains the word "possible", but in this case, they may have used it as a reverse nexus. It may present problems from a CUE perspective because it would be attributed to how the evidence was weighed.
Either way, he still does have clinical evidence both in service and during the 1997 C&P showing respiratory problems. That's probably what the VA used to grant the 2018 rating.

Sounds like you know the VA well now.

You never know until you try.  I was rated at 0% at discharge, my rating went to 30%, 10%, 30% and ten years later to 50% all as to the date of discharge.  I also was rated for a disability with ten years of back pay another time.  The most important thing is that you keep an active case going.  What I mean is that you keep your case open by appealing the decision when you think that the VA is incorrect.  The VA has many ways to deny you a rating but as long as you do not give up you can prevail.  Sometimes the VA will claim the facts were determined as of the last C&P they sent you to.  If you quit there you are done, appeal for an EED.  On our side we have lawyers and the BVA and CVA.
Good luck.  A VA head staffer one time told me the VA does not award persistence.  He was right but that was before we had the option to use lawyers and the CVA.  Some things have changed for the better.

You never know until you try.  I was rated at 0% at discharge, my rating went to 30%, 10%, 30% and ten years later to 50% all as to the date of discharge.  I also was rated for a disability with ten years of back pay another time.  The most important thing is that you keep an active case going.  What I mean is that you keep your case open by appealing the decision when you think that the VA is incorrect.  The VA has many ways to deny you a rating but as long as you do not give up you can prevail.  Sometimes the VA will claim the facts were determined as of the last C&P they sent you to.  If you quit there you are done, appeal for an EED.  On our side we have lawyers and the BVA and CVA.
Good luck.  A VA head staffer one time told me the VA does not award persistence.  He was right but that was before we had the option to use lawyers and the CVA.  Some things have changed for the better.

I am glad to hear that.  I have outside mental health through Tricare so the VA does not want to see me in their mental health department.  I have only one appointment a year to evaluate my condition.  It is not so bad because with Tricare I can get all of the help I need on the outside and I have a good former military doctor that takes care of me.

Hi everyone. I just recieved my rating and am satisfied with what I recieved. How long until you guys were re evaluated for your disabilities? How often do you guys get seen at va for appointments? I have always used private and will still see my private therapist for mental health bi weekly but want to also go to va mental health. How often do u guys go to mental health appointments?
 
Thanks
Phil
 
 

Broncovet is right on here.  I had a case that was eight years old and the VA started doing things that were in violation of the laws.  I went to a lawyer and all of the bad stuff went away and after two years I was awarded TDIU and 100% scheduler.  I cannot say enough about using a lawyer. 
I wish it was not that way but when I started my VA claim you were not able to be represented by a lawyer.  A vet had sued the VA and won and the VA unearthed a civil war regulation that said your lawyer could not be paid more than $100 or so and struck the case down.  I do not remember the year but that went away and we are able to use lawyers.  Try to get a NOVA approved lawyer and most will charge 20% of your backpay, any more than that look somewhere else.

As Shrekthetank1 stated the VA can and will reduce you if they see fit.  They will do this sometimes in result to your submitting a new or upgraded claim but they usually get caught doing this.  The VA is not your friend.  They attempted to do reduce me me when I filed for IU. 
I am also requesting an EED on my SMC.  I am not sure under the AMA but I do know the VA cannot reduce you on an old style NOD.  

Yes, the VA very much dislikes to give awards in excess of $100,000 but if they would not take so long they would not have to give out these awards.

Great job on keeping up the fight and finally beating them.  
Next the VA can do whatever they want to try and do.  I always go with telling the truth!  This way there is no way I wont' win in the end.  In the end could mean years from now.
From what you have said here it does sound like you have a case for EED.  They will always look at your entire case when you claim something.  It sounds solid as they made their decision on your UI and that should not move.  The VA has got to prove a lot of different things to lower you or take you off of UI.  
My wife was worried about this and it sort of happened to me in a way.  When my remand came down from the BVA I got 3 months of 100% scheduler, and my wife saw this and said why did you not stop fighting them.  What she did not realize is it was out of my control.  The RO combined two condition and they should not have, so now I am fighting at the CAVC to get this corrected.
In all reality I was not where you are at with UI.  I can work and so this does not apply to me, but the VA would have a hard road turning that back when you are asking to fix the EED.  Now they might denie you and you would need to keep fighting.  I am sure others with chime in, but I don't see a downside to asking for an earlier EED.

If they say you are not required to go to another exam they have most likely contacted the doctor for clarification.  If this is the case there is nothing for you to do right now.  Good Luck.

My mental health claim was along with a tmj claim. In October I was called by a VSR who said  (and I quote) "you have plenty of evidence for your mental health claim." In December the claim moved to decision and 2 days later I was rated for TMJ. But where is the mental health rating? I asked. Nobody knew a thing. I decided to have the 800 number people send a note to my regional office asking them to clarify what happened. I then submitted a 21-4138 via fax explaining  what I claimed and when I claimed it. I was specific about the fact that VA broke their own laws and error by not denying or giving a rating. January 2nd, a claim pops up as "veteran was not rated for [mental health conditions]." It has been very slow. The estimated time is November 2020. Although I just scheduled a c and p exam this week because they want clarification as it's secondary. They entered this claim as a "rating control ep930." I still don't quite understand but I guess it doesn't count as completed work so it could take longer. I've been told the rater probably didn't defer my mental health claim by mistake so it just closed my claim. 
I'm not sure if that will happen to yours, but mine was jacked up as well.

Wait thirty days and go to the VA release of information office and request the C&P.  You should still be able to provide medical records that you have in your possession but you cannot make the doctor read them.  The doctor may be new or just doesn't care about veterans.  I would provide the medical information to the VA and request it be put in your medical records.  If they are duplicates so be it, duplicates do not hurt you and if they are not they are evidence that the VA does not have.  If you are denied and receive the medical records request a supplemental appeal with this new information.

They should not decrease a current disability for what happened in the exam but we never know what the VA gets in their knickers sometimes.  Worry about that when the decision is made, if they do propose a decrease you have full appeal rights.

There is a medical possibility that they are connected. From personal experience, I can tell you that my issues started in the lumbar area and crept into the SI area and later I had cervical/neck issues.
I highlighted an important part in bold.  That means that you will only have one rating even if you are SC for both areas. The VA would likely consider this pyramiding.
There is a separate set of ratings for arthritis, but personally I am not very familiar with them. I do not know if they pyramid/overlap or can be awarded as separate ratings.
Do you also have radiculopathy? It affects the nerves going into your arms/legs and can feel like numbness, tingling, loss of sensation, the "fell asleep" sensation, burning pain, shooting pain, etc... If you feel that your SC spine disabilities might be causing that to happen, consider filing a claim for it. If approved, the VA would rate it as secondary to your SC spine disabilities. If you get both legs or arms rated, it would be considered a bilateral rating (look up bilateral ratings for more info). One thing to keep in mind is the VA may want to do some additional testing or even an EMG (not a pleasant exam, think of it like mild electrocution). EMG's are not 100% perfect tests though.
 

They should not decrease a current disability for what happened in the exam but we never know what the VA gets in their knickers sometimes.  Worry about that when the decision is made, if they do propose a decrease you have full appeal rights.

Wait thirty days and go to the VA release of information office and request the C&P.  You should still be able to provide medical records that you have in your possession but you cannot make the doctor read them.  The doctor may be new or just doesn't care about veterans.  I would provide the medical information to the VA and request it be put in your medical records.  If they are duplicates so be it, duplicates do not hurt you and if they are not they are evidence that the VA does not have.  If you are denied and receive the medical records request a supplemental appeal with this new information.

If they say you are not required to go to another exam they have most likely contacted the doctor for clarification.  If this is the case there is nothing for you to do right now.  Good Luck.

blahsaysme2u Advice  from Miken2c74 is spot on. VES C&P notification letter says "it is not necessary to bring your medical records to your exam; however, if you have diagnostic tests related to your claim" please call xxx to ensure those results are submitted to your examiner expeditiously. If that didn't happen, your next best bet would be to call the RO and complain that the re-exam was inadequate because the VA again didn't provide your STR's in a timely manner to support. The AMA has probably changed the rules to not allow us to provide copies during our C&P's of stuff that was supposed to be in our medical files. If they deny the new exam, and then deny your claim, you probably have to appeal. Don't get frustrated and give up.That is what they want you to do.

If you feel that this examination was inaccurate ensure that you formally challenge it as soon as possible. Call Peggy and file a complaint and write a statement explaining why you think the examination was inaccurate or not administered correctly. Was  a goniometer used to  measure ROM/LOM etc....

@cathyjourdanI would advise you to fill out the form 21-4138 and request he be continued for residuals, I would include copies of all pertinent medical reports with the important information highlighted and noted in your letter.  I write my remarks in a separate letter with footnotes and attach the medical reports as if it was a college report with an appendix and then say please see attached letter in the remarks of the form.  If you file for a new claim for residuals it might take longer.  This will probably go to appeal and I do not know if your benefits continue when appealing as in a normal reduction.  
Others will shortly be along to offer their advice.  I will close by saying never give up.  

If you can still appeal to the BVA @blahsaysme2u, I would consider a lawyer.  Going to the BVA with the BVA or other service organization is not as successful as going with most lawyers.  The VA is supposed to rate you under the rating most advantageous to the veteran.  If you are TBI at 70% but they award you as 50% PTSD they have not done this.  I do not think we should need a lawyer to win our cases but they do not ask me my opinion.  I think that paying 20% of our win is better than 100% of nothing.