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Foxhound6
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Posts posted by Foxhound6
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Just now, shrekthetank1 said:
You laugh about this, but this can cause veterans to lose their benefits by not showing up.
You can fight whatever you want too as that is your right and anyone who wants to fight it.
I do agree there are a ton of unnecessary exams.
There is always something you can do.
The advice given is to go to the exam as to not fall into the pitfall of losing the benefits. Will this happen? I have myself lost benefits because I did not show up.
It caused a lot of headaches I am now paying for.
There are other ways to fight a C&P exam other than skipping it.
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..
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2 hours ago, Mr cue said:
I think the ? Is the poster apply for effective date.
Why is a exam need for a condition just granted.
They were granted the condition now even a year ago.
What does this exam have to do with a effective date?
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.
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On 10/7/2022 at 2:51 PM, Mr cue said:
Ok I have never said call and refuse a exam.
Example you apply for loss of use then you attend 5 comp exams for the same issue.
Than they order a specialized exam loss of use Comp exam.
They never address any of the exams.
An denied the claim. You appeal an its a remand.
An they try to order the same exam over again.
Would you keep allowing it or would you start fighting.
When does a veteran say address the exams you order.
They will send a veteran for a whole new exam because a box isn't check.
That is how it work read the oig report.
Now if you apply for benefits and if you think you can refuse a exam that is on you.
Because you will never get your benefits.
But I believe everyone understood the difference between fight and refuse.
You just got some that can take the message because of the messenger
I never said that either. I guess we can all just keep doing what we are doing…
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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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On 1/19/2022 at 7:02 PM, Rivet62 said:
So, I'm updating my back issues with physical therapy findings. VA sees records dated 4 years ago, but things have changed for the worse.
I'm filing for TDIU but I would also like to file for other increases too just in case TDIU is denied or it takes forever.
Is that possible?
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.
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On 7/9/2021 at 2:46 PM, brokensoldier244th said:
Crap, I don't even want to know what that feels like, Im at like 20 in each leg/foot due to 2 fragmented discs and there are days I can't feel my toes from the midfoot forward. Makes taking steps fun, especially since I work in the basement. Ive had 3 good falls in the last 6 yrs, 1 resulted in a broken wrist and surgery. Restless leg and sleep are bad enough at 20.
Yeah, VA math seems weird, but its similar to what loss actuaries use, calculating from whats 'left' after the loss, rather than just adding. That last 10-20 percent really sucks.
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.
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On 7/9/2021 at 1:35 PM, john999 said:
You know I got SSDI before I got TDIU, so there was no way I could work any how. I wanted to work but with my disabilities I just could not do it. I was only 51 years old and I had a good job. Now years later I am so disabled I can hardly walk. I did get the 100% but it took me an extra big award to go from 90% to 100%. I was not even trying but just trying to get an increase in my DMII and PN. I got an extra 80% for the PN.
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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Just now, brokensoldier244th said:
I hear you. I was a vet filing claims for 18 yrs before I started working for them, so ive seen both sides. It makes me better at my job, I think.
Perspective almost ALWAYS makes one better at a job. Keep it up sir. Your insight is invaluable
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1 minute ago, brokensoldier244th said:
Well, I got lucky. I still didnt and couldn't work for about 3 more years- then I worked in a library in the stacks part time for 2 years, no people, just books. When I applied for the VA opening it was right as COVID was ramping up, so by the time I was hired they were all remote anyway. At this point ive trained and worked from day 1 remotely, which usually can't apply for until you've been in grade for at least a year AND you have to basically ace your reviews and metrics, and knowledge stuff. Im more worried about when they make us go BACK to the office because then Ill have to apply for remote just like anyone else, and the only reason (well, a big contributor) ive been really successful at this job and been promoted once already is because I can work within my comfort sphere at home. My distractions are comfortable ones that I can control, and If I need to step away for an hour and rest my brain, or my eyes, or just to ponder how evil people can be to each other I can. If I was actually in the office I couldn't do that, plus the constant minor hum and distraction of an office.
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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Just now, brokensoldier244th said:
In my case, I had applied for unemployability (at the time) and it took about a year and a half, and what I found in my final decision letter is that at first they were going to do IU, but then partway through after it went to decision, and then pulled back (because I sent in more evidence) they just did 100%. So, my decision letter looked like "Dates X-Y IU granted blah blah......Dates Y-Z (current) 100% schedular and the TDIU was moot, but ultimately it all went back to my initial filing date.
This would be great. Get the retro AND schedule so you could work. That's a big win-win
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15 minutes ago, pacmanx1 said:
As @Broncosaid, If the VA grants you the 100% scheduler, you can still appeal the TDIU to get any retro. If you already meet the TDIU criteria, then you can appeal to the BVA. The VA is famous for granting a veterans claim based on a C & P exam and fail to acknowledge the veteran's claim date.
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!
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16 minutes ago, brokensoldier244th said:
The 100% schedular is more of a benefit in some ways, though- if you take up a hobby that makes money you don't have to worry about looking over your shoulder and calculating yearly income amounts with scheduler. What should happen is that your 100%S would go back to whatever your TDIU date might have been- ultimately its the same claim in that the onset of the TDIU would basically = 100% anyway. The onset would be the same.
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
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3 minutes ago, pacmanx1 said:
OK, great.
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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1 minute ago, pacmanx1 said:
Foxhound, I hope you are correct but getting an additional 30%-40% will not get you to 100% scheduler. Your rating would have to get to at least 95% for the VA to round up to get you the 100% rating. Most veterans don't understand that in order for the VA to grant a 100% rating it is actually harder to hit, 10%-40% won't do it has to be 50% for a single condition or a combination of new disabilities to get a 90% veteran to 100% scheduler.
I've done the math, with bilateral factor and 30%, I'd get 100 combined. Currently at an even 90
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7 hours ago, brokensoldier244th said:
Usually if you file multiple claims in the same year they get adjudicated together under the claim date of the oldest claim- unless a decision has been made on the other one. In that case the tdiu would be moot.
If your tdiu is already decided and they haven’t notified you yet then you’ll still get paid for that and back pay, your other claim would just be treated as a normal claim. In either case unless there is an smc involved directly tied to the tdiu alone you’ll lose the tdiu when you get the other schedular rating.
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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2 hours ago, Hamslice said:
Well, that truly is confusing.
It almost sounds like they say you have a cervical disability, from being an Infantryman, however, it was not caused by your bum knee.
From what I have learned, and that I have gotten secondary's to secondary's, I would have claimed neck pain second to my other service connected conditions and let them find/deny the link. It almost sounds like they pegged the denial to your knee. But, say that you have neck pain from your service.
I got my elbow second to my shoulder, because of arthritis and then a bump cause of range of motion.
I think you could/need to fight this with a better doctor.
FWIW,
Hamslice
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..
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On 5/10/2021 at 7:39 AM, Hamslice said:
Thanks for the reply.
Hoping the news is better,
Hamslice
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
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1 hour ago, Hamslice said:
Any updates?
Part of my claim was referred to QTC after my exam by LHI Care. The QTC exam is not in person, so I don't know when that happens, but I do know the doc according to the letter I received yesterday.
Hope you did good,
Hamslice
It took the examiner almost a month to complete mine. From the looks of it, I got denied. Still waiting on a BBE though.
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@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.
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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.
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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.
Considering skipping C & P exam
in VA Disability Claims Research
Posted
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.