Foxhound6

And that sounds reasonable in some cases. But with this OP having taken the HLR route, it opened the claim up to errors, etc that could make a new exam required. And as you stated, you would attend that. So we are all at least now on the same page. I dont believe anyone is saying to NOT fight a unnecessary exam, we are just trying to be sure no one interprets our discussions on this as “skipping” or “refusing” an exam.

This. Call it what you will, a fight, skipping, dipping out, not going, whatever label is slapped on NOT ATTENDING an exam will be seen by the VA as a refusal. I fight the legitimacy of an exam once I have attended it. Attend, then fight/question the legitimacy of it for the sake of the claim..

I believe the HLR came back as DTA error on the part of the VA. So, without knowing what the exact duty to assist error was, we can only speculate. The exam could have been ordered because the HLR reviewer found an issue with the previous exam or opinion? Ive had that happen a couple times. I ended up doing 2-3 exams over the span of a few years because of DTA errors. Not saying its right, but it happens. Especially when going down HLR route it seems as it opens the entire claim to the HLR reviewer, not just what you are trying to point out. Does seem like they catch a lot of DTA errors this way.

I never said that either. I guess we can all just keep doing what we are doing…

I think the usage of "refuse" and "fight" might be the culprit in the comms-breakdown here. Cue, let's just use a hypothetical: You get an exam date from the VA. Its an exam you don't feel is necessary. You called the WH hotline to "fight" the necessity of the exam, NOT to refuse an exam. I think we can all agree on that, right? Now assume this exam is a short-notice exam, taking place in the coming days. Hotline says they'll forward it along to have your concern addressed. The date of the exam arrives and no word from hotline or anyone. Do you attend the unnecessary exam? Or do you just not attend pending hearing back from WH hotline? I feel situation like this or others I probably have not experienced myself, could be what others are driving at when the say refusing an exam. While you're not outright refusing anything, the VA will ultimately view it that way of you do not attend. So I believe the distinction between refusing and fighting the necessity of the exam should be more the forefront of this??

Are you rated P&T? It could have been a misstep by the person doing the new card. Im 100% PT and my new one says INDEF

I recently had my knee rating reduced. HOWEVER, I believe it had more to do with the changing of how the VA rates the knee now versus when I had my higher rating. In which case, the new rating would reflect the new rating standard as well. Additionally, while they dropped my knee from 50% to 10%, my back went from 20 to 40 and I was granted my right sciatic (already had left). So it worked out to be the same % I was at before. They did propose reduction of my left sciatic as well in the proposal for the knee but that was continued. So while I'm cautious as well, I don't see where they may have "screwed" me over per se. And if they did, my attorney will earn more of his keep.

I know my attorney filed for increases but asked that TDIU be considered WITH those increases. For example, I had increases filed and had exams for them. However, in addition to that, the examiner had to fill out another form regarding employment with their increase exam. I would go this route.

I don't mean to laugh, I just have some familiarity with this type of issue. My rickety knees and combined with my twisted back problems makes for going up or down stairs fun, sometimes randomly just catches up. I'm still only 34, my mind thinks its still play time I guess.

I think its mental mostly. I couldn't fathom not working, even with how bad I felt and how much I struggled. I just felt " well gotta work harder then" (Also the sole provider for family). Wasnt until I lost job around covid time (boss and owner was pretty accommodating with my SC issues while I was employed there, even submitted the employer info form the VA sends out for TDIU claims) and I actually stopped working and felt everything catching up, I slept a LOT the first 2 months. It was very strange. I figured im not working so might as well get into the docs and start getting things handled. Docs started finding crap I never even knew about haha. So, here I am, trying to get all the SSDI and VA hoopla done..

Perspective almost ALWAYS makes one better at a job. Keep it up sir. Your insight is invaluable

Yeah there's no way I could do working outside home anymore. Even sitting at home has its problems. I'm going thru SSDI right now too. Actually should hear something this month I think. Hopefully judge approves that, VA finally gives me my 100 rating and any retro and I'll be set. From there, any other claims or increases will be handled by a VA attorney lol Cuz after all this and once I'm stable, I'm done with em lmao

This would be great. Get the retro AND schedule so you could work. That's a big win-win

Yeah. I'd likely do that if needed for sure! Good to know it may work out how I wanted anyway tho. Thanks for the replies!

This makes tons of sense. I hope that's how it plays out! And exactly, if for some odd reason I'm not back paid to that tdiu eed, I could still make income and not worry about it. Decent trade off if needed