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Foxhound6

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Everything posted by Foxhound6

  1. 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.
  2. 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..
  3. 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
  4. 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!
  5. 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
  6. But you're right. It's much harder. Which is why I've been trying TDIU the last year lol. VA doesn't like to make it easy at any stage . I just happened to see the opportunity to at least get 100 and stable so going for it. Even if I lose tdiu retro...it'd be worth it. Rather have retro too but beggars can't be choosers
  7. Yeah, I was kinda thinking this. However, TDIU has been denied twice now. My guess would be I'll likely get 100 off of this regular claim that will be put in soon. I know they'd owe me back pay for tdiu if that were awarded but I don't think it's get any smc as @broncovetmentioned. I would hope they would just award the TDIU once they see that I'm about to qualify for 100 anyway?? Such a strange process lol I'll have to see how it plays out I guess.
  8. So, have been appealing TDIU claim and unsure as to why they keep denying (waiting to see on BBE) but I am about to file an almost sure thing secondary claim for my other knee. Based on my ROMS and things, it seems I should receive at least 30% if not higher. Between that rating and bilateral factor, that would put me at 100% schedular. The thing I am wondering is: If I get the 100% schedular, does that now make my TDIU claim moot? It has been about a year since I started the TDIU claim so I would hate to lose back pay. But, I am unsure how this would work? Any one have this scenario before? I feel like its still a separate claim.
  9. Yeah, right?? I thought the same. However, I was originally denied direct SC on neck before and I got a new CP because that examiner, whilst opining against my event I claimed may have caused it, he never offered an opinion as to the secondary nature as it related to my knee. So, I guess it could be that my attorney will also catch the infantry piece and appeal it for direct SC? Lol its confusing for sure but I'm glad there's an attorney looking at it as well..
  10. Got my BBE. I kinda wish it was an in person because the reasoning for denial on this one is even more confusing than ones I have gotten before??? It one sentence it sounds like they are saying it likely was a direct connection while in another sentence they say it was not due to anything but "normal wear" due to my knee injury?? I'm not fully sure but if this was the alleged HLR rater, I would stay clear of HLRs in future...have a look for yourself 4.28 denial_Redacted.pdf
  11. It took the examiner almost a month to complete mine. From the looks of it, I got denied. Still waiting on a BBE though.
  12. @broncovetI will for sure do that. I believe since these were being reviewed under HLR that once the normal process of the claim is completed (sent back for new exams, processing, etc), it will go back up to the HLR for the rest of it. So it may be a bit before I actually figure out whats going on but I feel like it is headed that direction. I will look more into the presumptive rules and anything else that may apply. The exams I will have to request from my attorney since requesting another copy of Cfile would likely take a year or more. Thanks for all the replies and info.
  13. My TDIU claim was put in separately (based on my knee and MH ratings, at least thats my understanding of how my attorney did it which now seems pretty smart if this is indeed going to go back). My DDD and radiculopathy was just recently adjudicated based on that DTA error found during HLR of that claim, after they denied it twice. So it *should* be just continuation of my 2018 ITF initial filing. still awaiting the other portion of that one for the neck which is still deferred for now.
  14. This isnt for an increase. This was for initial claim. A DTA error was found during an HLR and sent back for new exam. I submitted all this back in 2018 as an ITF.
  15. 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 requiring that the disease be diagnosed in the presumptive period, but only that there be then shown by acceptable medical or lay evidence characteristic manifestations of the disease to the required degree, followed without unreasonable time lapse by definite diagnosis. Symptomatology shown in the prescribed period may have no particular significance when first observed, but in the light of subsequent developments it may gain considerable significance. Cases in which a chronic condition is shown to exist within a short time following the applicable presumptive period, but without evidence of manifestations within the period, should be developed to determine whether there was symptomatology which in retrospect may be identified and evaluated as manifestation of the chronic disease to the required 10-percent degree.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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
  21. 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 consulted when an injury affect multiple systems/body parts as they have more of that knowledge to link one issue to another. It could be that they feel my neck issue is more related to my back issue and not my SC knee issue, if that makes sense.
  22. 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
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