GBArmy

I've had a couple where they ask you if I didn't have a problem driving 70 miles. I know that they can also ask if you would travel further than that. I believe you can continue to deny long distances and request it be done at the VA, but with these new Covid restrictions you may have to wait a very long time to get it done at the RO if you do.

Hi Yoshi1992 Welcome to Hadit. First of all, congrats on getting a C&P exam done by an outside vendor from the VA; not easy to do. Sounds like you have not yet received your decision letter yet. There is more than one way to approach your problem, so others can chime in here also, but this is what I would do. I would wait to get your decision letter; if she found it to be S-C, that is big. The issue is symptoms. If your decision letter comes down and you are granted a rating, even though it is low-balled, you can then challenge it for a higher rating. You could go t HLR, where the DRO can eval both diagnosis of symptoms and possibly give you the higher rating, or possibly require an additional C&P be done to be sure you have an accurate eval. I wouldn't recommend this route as it more often than not is just a rubber stamp. The benefit of doubt is supposed to go to the veteran on differing or conflicting evidence, but the VA somehow forgets that. Or, again, assuming you were S-C, go to the BVA, with or without new evidence. I'd chose no additional; it is quicker and you can always go out and get new evidence and submit again. Third option is to go out and get more evidence that supports your symptoms from another doc and after you get your decision letter, submit a supplemental appeal for an increase. Point here is you have options and it's your claim; you make the choice that is best for you.

Agree, Buck. When we got out we were told NOTHING. All I remember is someone mentioned to go to the VA for medical care and several jumped on the guy telling him "you don't go to the VA for care. You go there and never get out alive." Unfortunately, I personally know of a couple veterans that this was accurate. I am the first to say they have come a long way, especially since the 90's. BVA; well that is another matter!

Fat. If his leg continues to give him pain, it sounds like he could either go for an increase, or go for pain secondary to the leg. Be sure you check the diagnostic code he is rated on to see if pain is a symptom for an increased rating. Certainly should get an IMO to back it up. The others are potential, IF he has the symptoms; don't just throw a bunch of disabilities against the wall and see what will stick. All these potential disabilities have symptoms. Scars, for example, have specific criteria such as pain, appearance, volume, etc. Just the existence of a scar does not get a rated disability by itself. He also should consider a MH disability such as depression. He needs a good VSO to help guide him thru the process.

Squidward Welcome to Hadit. What is the date on your decision letter? If it is over 5 years minimum, they are not supposed to reduce UNLESS you have more than one C&P exam. If it is less than 5 years, they can based on just one exam. If it is over 5 years and they are just now having a new look see after your operation, the VA has screwed up. They should have had another post-op exam after a year or so. Personally, with what you have on the line, I would consider getting a lawyer, if you get a proposed reduction. You need to beat this based on law, because I assume your condition after the replacement operation is better than before. If it is better, the VA bases disability on your symptoms and they may now be better than before your surgery. You would have to show your conditions are at least as bad as they were before.

You can also ask Peggy to email r resend your decision letter of Jan 28th.

flynsolo2 Call Peggy and ask; you can get a confirming letter from the VA that will confirm. But listen to Flow 1972: you must GO TO THE EXAM! If you miss it, they can and will use it against you.

I'd call Peggy, 800-827-1000, and see if the rep can shed any light on what is going on. Ask "is there a request for another C&P exam? If yes, ask "with who and for what." If the rep can't/won't tell you, call the C&P examiner and they can tell you. If it's the VA, the rep should be able to say "for what." You will find out eventually in any case. The VA is just doing their thing. Nor to worry.

flynsolo2 So, have you read on Hadit somewhere where we say don't pay attention to ebenefits? They make errors and mistakes all the time. It really is hard to get denied for PTSD when you have a GERD c7p exam. It is also hard to get a rating for PTSD when you have a C&P exam for GERD! You can call Peggy and see if they can start the wheels to make the correction on ebenefits, but again, Peggy isn't that great either. If you have a VSO or lawyer, they can look in the VBMS system and find out more for you. Or you can just wait and it will be corrected eventually.

MG3 "Incomplete" could result if the examiner failed to answer (check off) on a dbq question that is necessary to be used in evaluation of your symptoms. It could be an inconsistency say they say "yes" you have a certain impairment in one spot of the dbq, and no you don't in an other related question. It could be an unsigned eval. It could mean that they had a failure to assist you on your claim and it has to be further developed. It means that the VA makes many mistakes and we have to be watchful on what they do.

MG3 Possibly. How soon do you discharge? Time is a factor. Secondly, you may need another sleep study done because your first one is incomplete in some manner. If/when you get a request, be sure to go, or you will be denied your claim. Speaking of, get checked out at medical and get a copy of your records on everything you can get: i'm talking about x-rays, PET scans, MRI's, CAT scans, whatever. If they find something, it can come in handy later even if you don't have ay symptoms right now.

MMTOTZ It could be that they have found an error on their part and it will mean you need a new C&P exam because of it. If you have a VSO, they can look into VBMS and read the notes. Check your direct deposit and see if they have issued you a grant. It also could be that ebenefits is wrong; nothing unusual about that either. If no VSO, wait about 7-10 days for your decision letter and you will find out more.

LadyMC In my opinion, you are requesting a supplemental claim for an increase. If you are appealing within in a one year of your low decision, you would get continuity to the EED. You may have the basis of a CUE, but personally, I wouldn't be going down that rabbit hole. You have a much better chance of getting the higher and correct rating by new evidence from your doc than to go the legal route of CUE. Others may disagree; you could file a CUE anytime, but the supplemental route is more likely to be successful. Don't even think about the other alternative, HLR; it will not likely get you anything but a a confirmation of their original low ball rating. Be sure to submit using the supplemental VA form 20-0995.

Hi Terry. Sorry about your son's issues. A few things come to mind. steps to go to the specific med first. Probably would have to get a rationale letter from his doc. Going thru his doc's office can possibly get a critical drug free or a greatly reduced cost; all pharmaseudical companies have that kind of relief for a limited number of patients. We have that for one of my wife's drugs. Times are changing; the Congress right now is all for veterans rights; 4 years from now, who knows. Point is I would file a claim for the illness. You will be denied but it's possible that the VA will be forced to cover illnesses of children of Vietnam veterans someday. We just got 3 more presumptive diseases added to the AO list last year, so maybe. That took 50 years for Congress to force the VA to accept their responsibility, maybe more to come. We wish him well.

Irving Welcome to Hadit. I don't have any personal experience with your issue, but I assume you have ongoing medical sessions with your psych docs. If it is within the VA system, that would make it easy. Contact them and say you'd like to have a update consulting session with them to discuss a problem that is causing you major difficulties. Discuss what the situation is and your wish not to push your anxiety levels thru the roof by going thru the process with the union. Be sure that they post the consult and to review it to make sure it was accurately discussed and reported. You therefore have created medical records that can be used when discussing the TDIU claim. If your doc is an outside source, do as described and then down load to myhealthevet. It is new evidence of your ability to have gainful employment attempt, but not possible to sustain. Very important: get buddy letters from people you work with and if possible, from your boss. Tell them it is ok to write negative stuff about you inability to take supervision and work with others.

Jamescripps2 Thanks for posting this. We have very little info on this process that is posted, so this is very informative.

James You have been an inspiration and excellent resource for fellow veterans for many years. Congrats to you and thank you.

Vet435 I wouldn't get all tide up with procedure; the C&P exam process has a lot of changes due to most being outside sourced now. What I would do is call the number on the voicemail and find out who, where, and for what. They can tell you what they are supposed to examine you for. Then I would also call Peggy and find out what you can; you want to know e exactly what the exam is for. If it is for a disability that is on an open claim, you have to go for sure, unless you want to withdraw. If you're TDIU, you have to go. If they tell you that your exam is on one or more of your disabilities that is not static, you have to go. You go even if it is a static condition but you can try to get it cancelled if it is a mistake. If it is something you haven't gotten examined for 10 years, you might want to attend and ask if you can get your condition permanent and total. After 10 years it might make sense if your condition hasn't improved.

And the President is supposed to sign a law today(?) that allows members of his or hers family and caretakers also to get the vaccine. The VA should imlement that new law ASAP. Call and find out at your local VAMC.No excuses!

Hi Ademily87, welcome to Hadit. The supplemental claim is the correct submittal. All that you mention is good evidence. Especially getting diagnosed right after getting out. If possible, if you could get a buddy letter from your ex, that would also help. Your doctor 's evidence is key to getting it service connected; he should be talking about continuity; how your OSA started in the service and you are diagnosed now as a continuation of that event. He should use words like "I my opinion, veteran has had OSA started while in the service, and I am confident after reviewing his military records and treating him since X that it is at lease as likely as not the cause of his OSA." And he also provides his experience, level of education and professional petagree. The fact that you are issued a CPAP isn't good enough; have him diagnose your OSA and prescribe a CPAP machine. "Issuing" isn't good enough. This is a 50% rating; the VA doesn't like handing out 50% claims. Get a good package together before submitting again.

If you have a dx for Barrett's as part of your GERD you should be good to go. It's the next level, 30% i I think. So if the chiropractor can read an MRI or CAT/Scan, you should be ok if you have the 3 elements you win. If he can't, challenge it.

Hamslice Look up the credentials of the "doctor" doing your exam. Some of your disabilities are muscular sketital so not a problem with a non doc to do the exam, like range of motion. Me thinks the internal disabilities exam is questions and a review of your med records, CAT scans, etc., so it may or may not be a good thing depending on the abilities of the examiner. If it doesn't go well, take notes why, and call your RO to get a re-do right away if you challenge competency. I've found from my experience that the outside examiners seem to be a little more pro-veteran, but as said over and over, it is the individual examiner, not the "organization" that counts. Just some are better than others.

cathyjourdan I'm sorry for your loss. I don't think it will be a long process if you have the death Cert and it indicates heart as cause of death. Because of the situation, you might want to consider getting a VSO to do the leg work for you; that's not to day you can't do it well, but it might be a little easier. Just ask if you choose to do so to ask "How many DIC apps have you done?" Get someone that is competent and has some compassion. Again, sorry.

infsol1973 Welcome to Hadit. They are going to review your evidence and see if your PTSD is already accounted for in your symptoms for OSA. It can be difficult in that the VA often includes it in your diagnosis for PTSD. You don't have to worry about mentioning it; they know. As Broncovet has mentioned, just because you have a CPAP doesn't mean that you have a diagnosis for OSA. Weird, I know. But it has to be called out. You may have to appeal with a good IMO. If you're scheduled for a C&P, go. But don't give up if denied; get a good diagnosis from a doc that supports it as a separate disability, so it isn't pyramiding. It is a 50% disability, so it would be important.See what the decision letter says and then appeal.

The info offered in response to your situation is good, but you are not the veteran who is seeking VA comp;he is. He isn't going to get new or increased comp by just giving a little info. You want to convince him? As requested, have him sit down with you and list all the ailments he has. All. Then he determines if any of those listed have any connection to his service time, like sprained ankle and went to medical. As suggested, he should at minimum request his medical file, so you can say, "what about this time...?" We have no idea what he is approved for or how much for each disability. He can't have 45%. It could add up to 45, but that is not what is on his rating/decision letters. You want to know what his combined rating is. This is going to take a lot of up front effort, and if he expects you can do this by just winging it, it won't happen. Next, take that list and google "VA diagnostic code for...(ex. arthritis of ankle.) Look up the symptoms as compared to what your father's disabilities are and see what he might get if he were awarded the disability. ex. 10%, 20%., etc. You take all of the "potential" disabilities and you plug that into a disability ratings calculator; there are plenty on line as well as here on Hadit. Now you have a little more of a clearer picture of what potential compensation he may get. If he can't bring himself to cooperate, then at least you tried. If you redact his personal info and post the decision letters, we could help you in appealing. Make no mistake, you can't do this if he doesn't participate and just says little or just "some evidence" and expect to do very well. You show him he could have a potential rating of 70 or 80% ($1500 a month+), then he may come around. If money doesn't motivate him, I don't know what to tell you. VA Disability Compensation isn't a HANDOUT. It is COMPENSATION for injury or illness incurred because of exposure in the line of duty. To look at it a different way, Veterans are the only ones who have earn VETERANS compensation. Non-veterans are not allowed. It is an exclusive club. And, it isn't a handout; it's earned! Hope we can help you in the near future.