Foxhound6

I ran into this under 38 CFR 3.307 - This is what I believe the HLR reviewer was referring to. I have lay statements, CP exam (from 2019 with one of the Va examiners) and continuity that can show the 10% or higher rating back within the one year window. Have a look, perhaps I am interpreting this wrong? (c) Prohibition of certain presumptions. No presumptions may be invoked on the basis of advancement of the disease when first definitely diagnosed for the purpose of showing its existence to a degree of 10 percent within the applicable period. This will not be interpreted as requir

Just an update via the BBE I received. The cervical spine was deferred due to the following: Clarification of conflicting medical evidence and new medical opinion. Unsure as to what was conflicting, same info they've had really. Maybe the examiner mentioned something.

This makes sense. I would hope its not a negative thing per se. Hoping since back was approved this one will too but just done by another doc.

That has been my experience too. The examiner that did my back also examined my neck. So I can only assume he maybe did not have the "proper VA credentials" to complete the specific DBQ. Or it involves more than originally thought and needed someone slightly more qualified to complete it? The original QTC examiner was a general MD. The new exam (or review since I wont be attending) is being done by an Internal Medicine MD. So some more education there that covers a broad spectrum. I actually used an internist to complete an IMO for me as it related to this claim so I can see that happening.

Me too. The examiner I had for the back portion (he did my neck measurements too) was good. Pretty laid back too. Younger. Oddly though I think this next examiner is strictly going off of my exam done by previous examiner. He opined favorably. Just dont know how this will work out.

I understood that. I was just perplexed as to why my examiner couldn't do the neck dbq. As said tho, It may be due to those different sets of things you mentioned

I have a feeling it may be what you are describing. Really, the VA examiner from 2019 is what screwed them. He failed to opine on secondary condition and that is what gave me the new exam a couple weeks ago. The exam that I had a few weeks ago was also QTC. They approved my back and radiculopathy and they were on the same claim. So, I assume either they needed more clarification on something or wanted someone with more medical knowledge to do it? It is odd that the examiner would have completed my back portion but had to defer my neck? I understand that internal medicine doctors are usually co

Got a letter regarding my deferred neck claim from recent exam. QTC has to send my file to another MD to review and fill out the DBQ based on last exam I had (which was only a few weeks ago). I assume this could be due to the person who did my exam was not qualified to complete that specific DBQ? This is a new one for me lol

I did not. I complained of back pain then but didnt file anything as i didnt know jack about it. That and the person seeing me back then, whoever it was, told me “its probably because of your knee issue”. And they left it at that

So, I had an HLR initiated awhile back. There was a DTA and I was sent to new exam on 3/23. The rating came in today on Ebenefits (I know, ickk, waiting on BBE). EED shows 2018 on my two awards for DDD in lumbar and radiculopathy on left side. Problem is, the HLR decision received explaining the DTA error that gave me the new exam stated that the condition would be presumptive to 2011. I feel like maybe the person rating did not quite see that part of the claim and went with my original intent to file date? I notified my attorney of it, maybe they can see it in system. However, with COVID they

I appreciate you explaining how the system works where you can. Having some experience with data management systems, I know all too well how they can function and in times like these, can function in a way that just bottlenecks things..making it hard to get things done. Even if others don't feel the same, most of us can relate in some way. Honestly, having dealt with state employees trying to figure out our UI issue out here, I MUCH rather have fellow vets and those who have been thru the claims process handling these things rather than some random civie. In the words (borrowed words?) of

I am currently going thru something similar. However, my first exam (was with the VA itself) wasnt great and they had a DTA and gave me a new exam which I just finished the other day. My issues are close to yours but with my thoracic junction which I have been told is very strange place to have it as they usually see it in places like where yours is. With that it has made it difficult to see it on radiographical images. So my rheumatologist, for now, is calling it Non-radiographical axial spondyloarthritis. I have partial fusions, DDD, along with levoscoliosis and other crap going on there.

I would do the same. However, in my experience, it can be hit or miss whether the examiner will look or even accept them. I have had one examiner thank me for bringing certain documents because they had not seen them in the CFile and I have had an examiner outright tell me he didn't want it. But I believe it is ALWAYS a good idea to bring all pertinent information to the exam, you never know how it might help.

I hate to say it but I agree with Pac. Looks like they identified a DTA in your claim.via that HLR and it was sent back St Petersburg RO for processing. That RO put in request for another GERD C&P. I am in same boat with my HLR for exam on lower thoracic. Been waiting months for QTC to get me an exam. Hang in there.