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Everything posted by Foxhound6
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Considering skipping C & P exam
Foxhound6 replied to Aquaria's question in VA Disability Claims Research
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. -
Considering skipping C & P exam
Foxhound6 replied to Aquaria's question in VA Disability Claims Research
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.. -
Considering skipping C & P exam
Foxhound6 replied to Aquaria's question in VA Disability Claims Research
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 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??
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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
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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.
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TDIU increase and other issues
Foxhound6 replied to Rivet62's question in VA Disability Claims Research
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 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..
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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
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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
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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.
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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.
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QTC exam that does not require attendance
Foxhound6 replied to Foxhound6's question in VA Disability Claims Research
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.. -
QTC exam that does not require attendance
Foxhound6 replied to Foxhound6's question in VA Disability Claims Research
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 -
QTC exam that does not require attendance
Foxhound6 replied to Foxhound6's question in VA Disability Claims Research
It took the examiner almost a month to complete mine. From the looks of it, I got denied. Still waiting on a BBE though. -
Awarded rating for DDD and Radiculopathy but EED seems off
Foxhound6 replied to Foxhound6's question in VA Disability Claims Research
@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. -
Awarded rating for DDD and Radiculopathy but EED seems off
Foxhound6 replied to Foxhound6's question in VA Disability Claims Research
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. -
Awarded rating for DDD and Radiculopathy but EED seems off
Foxhound6 replied to Foxhound6's question in VA Disability Claims Research
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.