Mr cue

Here are the cfr for loss of use smc benefits. Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and • cannot be delegated to the examining physician. c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a • detailed objective description of remaining function • quantitative assessment of strength for each extremity involved, and • description of any pain that affects use. Do not request that the examiner • determine LOU, or • express an opinion as to whether there is, or is not, LOU of an extremity or extremities. Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination. References: For more information on • considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and • requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6. d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n) Example: A prior examination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the only issue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examination be restricted to the degree of functional impairment of the upper extremities.

The thing I found is that the decision don't address lost of use. Not been able to make a fist or put arms over head etc. The denied is the veteran doesn't have loss of use equivalent to a amputee. That is the cretia for loss of use.

This is why I just put hand neck foot etc. The veteran isn't the doctor. Let the VA do there job and if they don't address it right. You can appeal the aggravated or direct. I understand stand what the poster is asking I would just let it go. Do anything will put a delay on things. If they don't address it right you can appeal it.

Well to start the writ you must send notice to the VA that you plan to do a a writ and why. An show the cavc that you put the VA on notice. I have always send my notice to the bva they have the lawyers uploaded and certified mail. You must also show how you been try to get the error or delay fix. This is why I make complaints to the white house hotline. It becomes part of your record. This is why you upload and certified mail statements. I have done 3 writs the court has told the VA to respond on all of them. But as other have stated they don't get granted. But it does get things back moving most of the time

Have ppl ever heard of developing to deny. That how you fight it before hand. This is how I would handle it. First I would write a statement tell the VA that they are developing to denied or reduce my rating because I didn't request a increase. I requested effective date . I would explain that I was just granted the disability and rating a year ago an there is no way it improve. What does a effective date appeal have to do with reevaluating my just granted disability. I believe this is relation for appealing for my proper effective date Upload and certified mail. I do this because you will never get a copy of the exam before they make the bogus decision base on it. To fight the exam. So you will be appealing before you see the exam if ever. That they use. Now I would go to the exam in the poster case because they may try to reduce as it is less than a year the rating was granted. There is no protection Now if they try to reduce or anything funny after the exam . You have a statement In The record before the decision. Which will get it remand by the court. If they didn't address the statement. The retaliation thing I just found out how to use. Lol I would upload the oig report with it. That is call fighting

That is a great win I also have incomplete paralysis of the upper extremity. Document in my record for 25 years. But the VA is fight me like hell to grant smc loss of use of upper extremity I even have the VA hospital pay for in home care and they still fighting me. So I believe you are bless that they even granted the house granted. Did they granted the automobile grant?

Lol this is a very bad subject for the ppl of hadit about comp exams. Pls stop saying I am telling veterans to refuse skip what ever you choose to call it. I will tell a veteran they can fight against unnecessary comp exam. The oig report show the problem 69% is a lot of comp exam that are order that aren't right. Now to tell veterans there is nothing they can do about seem off to me. Because you can

Here is the oig report on the VA an exams. I don't no way I just couldn't post the report but there it is https://content.invisioncic.com/r264491/monthly_2022_07/Homepage-Banner.jpg.1b4a9325d854c04a70dcbe366574452e.jpg Click Here To Contribute Contribute to Keep HadIt.com Online! We have been under attack which has drastically reduced our revenue and traffic. We believe we have achieved some success in fighting it. It will take us a bit of time to catch up financially and if you can help us with a contribution, it would be greatly appreciated. Remember, always take care of you and yours first. HadIt.com is NOT an NON-profit. Contributions are NOT tax deductible. 0 If you are having problems with the VA ordering unnecessary cavd Rate this question Asked by Mr cue, October 5 Answer this question Moderation Actions Question https://content.invisioncic.com/r264491/monthly_2021_06/12_Mentor.svg Mr cue 214 Posted October 5 Title: VBA Could Improve the Accuracy and Completeness of Medical Opinion Requests for Veterans’ Disability Benefits Claims Report Number: 22-00404-207 Download Report Issue Date: 9/7/2022 City/State: VA Office: Veterans Benefits Administration (VBA) Report Author: Office of Audits and Evaluations Report Type: Review Release Type: Unrestricted Summary: For veterans seeking disability compensation benefits, the Veterans Benefits Administration (VBA) requires a disability exam to determine the severity of a disability or a medical opinion on whether a current condition can be connected to military service. VBA has committed an estimated total of $6.8 billion in contracts to complete disability examinations and medical opinions over a five-year period starting in 2016. Because medical opinion requests can be vital to ensuring veterans receive the benefits to which they are entitled, the VA Office of Inspector General (OIG) examined whether VBA staff correctly followed procedures when requesting medical opinions. The review team found that VBA can reduce inadequate medical opinions, incorrect or delayed claims decisions, and wasted resources by improving internal controls, personnel training, and monitoring of medical opinion requests. The team estimated that 27,900 of 41,100 requests (68 percent) did not follow required procedures during the review period (October 1, 2020–September 30, 2021). Claims processors did not consistently identify relevant medical evidence for the examiner’s review, did not always use clear and accurate language, did not regularly request all warranted medical opinions, and sometimes requested unnecessary medical opinions. These failings can lead to inaccurate medical opinions, incorrect decisions on veterans’ claims, delayed decisions for veterans, and inefficient use of resources (such as when the medical opinion requires rework). VBA concurred with OIG-identified deficiencies and recommendations to (1) implement electronic system enhancements to require claims processors to identify relevant evidence before a medical opinion request can be submitted, (2) enhance mandated training for all claims processors and demonstrate progress in achieving its intended impact, and (3) strengthen monitoring by refining quality review processes to help identify areas for improvement and show advancements in complying with required procedures

Not about to do this with you again. Did I say refuse a exam. Pls stop with the bashing. That is your opinion on how you would handle thing . Others have away they handle things. But you need to stop with all the threats. I never say refuse a exam and I don't think the poster did either.

Man this is really mess with me that the VA lawyer on my case. Just basically blow off the response date to the cavc . The crazy part is the court didn't granted the extension. An the lawyer hasn't responded to the court. Well I send something to the court today they will get it Monday. I refuse to just let this go. I have never seen this before were a VA lawyer doesn't respond. (3) Effect of motion. A motion to extend time does not extend the date on which a pleading or other document is due to be filed with the Court unless the Court grants that motion. See Rule 5(b) (Effect of Stay)

Everyone have there beliefs on how to fight unnecessary comp exam. Some say trust the VA. Do nothing Other call it developing to deny and fight it. It's really up to the veteran how they handle there issue with it. I am from the fight school.

I think the ? Is the poster apply for effective date. Why is a exam need for a condition just granted. They were granted the condition now even a year ago. What does this exam have to do with a effective date?

If you feel they are try to play with your rating why not just withdraw the claim for the effective date. An wait until your condition are protected. I wouldn't want them to play with my smc o.

So my ? What was the error that made them have to order new exam for a condition they just granted. What does the exam have to do with the effective date for smc benefits. When smc is granted by the record and the effective by the record.

Get a lawyer there are to many ways to smc. Or educated your self Or you can hope that the VA follow the law an grant it. They didn't Grant it for me I had to apply

I am no one to do the lawyer thing. But the best advice I can give is get a lawyer that understand smc. An let them handle the claim. Because my experience with this smc benefits is all over the place. I have done good up to smc l&half and that was a year in a half battle. I have been to the cavc 2 times had to do 2 writs.. An still fighting. If I would have seen all the changes and new hiring of ppl that don't understand the law. I would have got a lawyer at the start of the process. Good luck

Ok so the court hasn't extended the time for them to answer my writ. Today they are to respond. Man this is a crazy process. Guess the VA lawyer can just blow off a cavc order now. I bet the court give them a extension today. But if they don't I bet the court will do nothing about the VA volating the order. Court rules are you can put in for a extension but if the court didn't address it. The brief or reply is do on that date . If a veteran miss a deadline they dismiss there case. Smh

It's call a petition for relief to the cavc court. A veteran can file it pro se without a lawyer. Say the VA tell veterans there completing appeals in 365 day and it 767 days. A veteran can file a petition. They are all most never granted but sometimes it get things back moving.

Boy this is just crazy I get a call from call center I guess I explain that I never requested to be removed from legacy appeal. The lady look at the nod say oh I see you didn't check the box to be removed. Than say there isn't anything I can do I will send something to bva. Lol. Man I am about just sit back again because I really think the VA is trying to mess with my mental. All most 3 years of fighting to get my appeals put back together with the legacy appeal. Even after court order them to be merge back together. I am sitting here still playing this game. Ok I am done venting.lol I would have had a answer to my writ tomorrow but the VA lawyer has done nothing in the 30 days the court order. Ok the court hasn't given the lawyer the 10 days. An has not rule on the request. Seem to me the lawyer has to have something to the court by close of business tomorrow. We will see how this play out.

During this 3 years fight for smc benefits I can say the VA don't like granting that smc o and r. I have been to the cavc 2 times just got the second remand from the court. I think its more on if the judge follow the law. I receive smc l aid and attendance for my physical condition. I had a dro hearing were I was send to a mental health comp exam to see if my mental health effect my adl. 2019 Favorable exam. Well it's been 2 years they will not address the hearing or the exam. Because this give the 2 a&a smc o. With my in home care pay by hospital would grant the smc r. So yes getting the smc r is a fight. Even if you have the evidence.

The way I see it you can ask bva for reconsideration. The cavc court is the only one that can vacated a bva decision I believe. You have a 120 day from the decision for this. Or you can try to reopen the claim with the newly found medical records. Which can also get you a effective by the date of the records.

My ? Is why do veterans wait two years. After 365 days I would do a writ. At the least it get the appeal moving again. The court might even make the VA respond.

Well just oppose the VA lawyer asking the court for more days to respond. The court will give them the extra 10 days. I just want to point out to the court that my case is with two different bva judges as of the 19 of October. Because in the next 10 days the bva will push out the two bva judge decisions and try and tell the court my petition moot. Smh. Happen to my last writ for this issue

My ? Is when is it time to file a writ to get info on why there is no movement. After a yr I would be doing a writ. There is no way I could wait 1065 day my mental would get to me. At the least it might get the case pick up from where it is.

Ok here is the new on my fight. Cavc order VA to respond to my writ. ORDERED that the Secretary, within 30 days after the date of this order, file a response to the petition, addressing the specific allegations contained therein and providing any documentation pertinent to the Court's resolution of this matter. DATED: October 11, 2022 Well today the VA lawyer ask for 11 more days to respond. I oppose. I am sick of all this. I never requested for any of my appeals to be removed from legacy appeal. I mean how hard is it to address this. Pursuant to United States Court of Veterans Appeals Rule 26(b), Respondent respectfully moves this Court for a 10-day extension of time in which to file the Secretary’s response to the Court’s October 11, 2022, order to respond to Petitioner’s petition for extraordinary relief in the nature of a writ of mandamus, which would otherwise be due on November 10, 2022. The request for additional time is being made because of the undersigned counsel’s current deadlines and workload considerations in other cases pending before the Court and to allow the undersigned to coordinate and review the status of Petitioner’s claims with the Board of Veterans’ Appeals (BVA). Appellant is proceeding pro se in this matter and has not been contacted for his position on this motion. WHEREFORE, Respondent respectfully moves the Court for a 10-day extension of time, until November 20, 2022, in which to file his response. This is crazy so basically the lawyer is saying I have look at anything because I have had time. Smh