scorned462

Update on my issues: I had a C&P exam on September 9, 2011 pertaining to claims that the DRO in Atlanta had originally deferred when I was awarded TDIU in May 2011. This C&P was done at the Pensacola VA Center since I now reside in NW Florida since May 2011. I have just received another letter scheduling two more C&Ps Nov 15th in Pensacola. One is mental health for depression secondary to lumbar fusion chronic pain. I was expecting this exam since this was not covered during my September 9th C&P. The other C&P exam has a handwritten note stating "Opinion" beside the Dr's name. This is a different doctor than the one I had at the exam in September 2011. Has anyone ever seen a letter for a C&P stating "Opinion" and what does this mean? I have no idea what the opinion would be for except to try to reduce the TDIU benefit, which is what I was worried about when I was contemplating withdrawing part of my deferred claim. My conditions have definately not gotten better since I was awarded TDIU in May 2011. I thought I was finished when my award letter for TDIU stated Permanent and Total, No Future Exams. I guess it is true that nothing is permanent in the VAs world. Thanks all.

John999, Your award outcome is encouraging. Yes, I am worried that I will be reduced on my heart condition, which was awarded by the DRO on appeal, as secondary to hypertension, and then lose my TDIU benefit. It may be ungrounded worry but you never know what a VA examiner and rater may do. There is a possibility of an increase but I don't know if I want to take a chance with it. I am still flipping and flopping while trying to decide what I will do. I may roll the dice and just play it out but I still need to talk to my state VSO again before I make the final decision on what I will do. Thanks, Steve

Thanks Cooter. That is what I am considering since I do want all the other issues to be considered.

Thanks all for the replys. I did not serve in Vietnam so it is not a Nehmer case. I am worried that a new exam will give the VA an excuse to reduce my rating and take away the IU rating. Is there a way to communicate to them that the heart issue has already been rated and I only want the other issues taken into consideration? What if I send a copy of the decision letter I have and highlight to them that the heart issue has been decided already? I know I may be unjustly worried but I can't afford to lose something that took so long to receive and kept me from going bankrupt. Thanks.

Hello All, After a 4 year battle, an appeal and a DRO hearing at the Atlanta VARO I was awarded IU P&T in April 2011. I did this on my own, with a lot of research here and other sites. Thanks for this site and the information posted here. During my DRO hearing in February 2011 I was told to submit claims for some additional items I mentioned at the hearing. I later had a C&P and the doctor requested me to FAX my records from my private practice cardiologist. I did that as soon as I got home from the exam. Two months later when I received my award letter all the additional items had been deferred, with the exception of one item. This was for my heart problem. Due to the heart problem I was awarded an additional 30%. This 30% combined with my previous ratings put me at 70% and the VARO awarded IU P&T, no future exams. So far, so good. I moved to Florida in June 2011. This move was planned long before my award. I requested my records, C-File and VA Medical, be transferred to Florida. I just now received a package from the VARO here in Florida that states they are working on all the deferred items, including the heart problem that has already been decided by the Atlanta VARO. I do not want the heart issue to be in play again. The other issues I have are all secondary to my already service connected disabilities. I want to withdraw this claim with the option to resubmit a claim on all items except for the heart problem. Or I want to totally withdraw the claim. What do I need to do to prevent the deferred claim for the heart from continuing? I went to see my new VSO today but she is gone for a couple of weeks and I want to take care of this ASAP. Thanks for any advice and information. Good luck to everyone with their claims.

Thanks for the advice. I have never had to appear for a hearing before and appreciate the help.

Hey all, I read this site alot and have submitted a few items in the past. I now need some advice and insight on what happens at a DRO hearing. I applied for TDIU in 2009 after I received SSDI for my SC low back. I got the SSDI after I had L4-S1 fusion surgery in 2007. Took me 2 years to get SSDI. I am now SC at 50% for lumbar fusion, thoracic DDD and right knee reconstruction. I know my percentage is below the rating required for TDIU so I requested the extra scheduler route when I originally applied. I filed the NOD based on a TDIU denial and that no secondary issues, which are documented in my medical records, were considered. My C&P for TDIU was done at QTC in Atlanta and was, in my opinion, cursory at best. I received no rating increase based on this exam. The VA however threw me a bone and gave me 2 scars rated at 0% from this exam. I didn't even ask for this. I am scheduled for a DRO hearing at the Atlanta VARO in a couple of weeks. I was not expecting it to be scheduled this fast, but I quess this is a good thing. My questions are, what should I expect at this hearing? What should I bring to the hearing? I have also had 2 cervical fusions done in the last 2 years but I am not SC for cevical spine. Can I ask for consideration of SC for cervical spine at this hearing or should I just keep quiet about a non-SC issue? I just need any advice that others that have been through a DRO hearing can offer. I am represented by a Georgia State VSO but I have never met the particular VSO that will represent me at the hearing. My local VSO said he does not attend any hearings at the Atlanta VARO and the VSO that works at the VARO will be the one attending. Thanks in advance for any advice given. Steve

I had an exam at QTC Atlanta in September. It was for a TDIU claim I have submitted since I was awarded SSDI based solely on my SC ailments, namely my back problems. My problems are lumbar (40%), thoracic spine (10%), rt knee (10%), HBP (0%) and lt thumb (0%). My previous C&P exams on my back were done at the Dublin VAMC. I don't know why I was sent to QTC Atlanta for this exam. The doctor did pretty much the same exam on me as you had. No measurements with a goniometer, no flexion measurements, no ROMs, pretty much nothing was physically touched and examined. I did have an EKG and a blood pressure test. Also, x-rays were taken. He asked me a few questions and if I tried to expound on my answers, he didn't want to hear it. He was going strictly by the script he was reading from and didn't seem to care what I had to say. I don't feel too good about the exam or what will come out of it. Oh yea, Atlanta VARO sent my case to Roanoke, VA VARO for disposition. I don't know why that was done either, but I sure don't get a warm and fuzzy feeling about any of this.

Thanks Berta and everyone else. I just got the the SSDI decision letter on Friday April 24th so I have not received an authorization form from the VA for the SS records. Does SS notify VA when they award SSDI to a veteran? I never submitted any VA medical records to SS but I did give them permission to access my VA records during the period they were evaluating my SSDI claim. I will try to find a VSO I can get with this week and start the TDIU paperwork. I am hoping this will put me over the top for TDIU. It has been a rough 2 years trying to hang on and get by financially and I need any good news I can get. Thanks all.

Same here. CRDP not listed. Did not see anything on DFAS site about why it isn't listed.

My SSDI was awarded based solely on my service connected conditions so I may have a chance at IU. Thanks all for the advice.

Hey all, I would appreciate some advice. I read a lot of the posts here, don't post much, and am thankful for the knowledge of the board members and willingness to help other VETS. I had L4-L5-S1 lumbar fusion surgery in May 2007. Applied for an increase from 10% on my lumbar and VA recently increased my lumbar to 40%. I am now at 50% total for SC conditions, 40% lumbar, 10% thoracolumbar and 10% right knee. Still have more spine issues and will have to have at least two more fusions in the near future according to my ortho doctor (not a VA doctor). After two denials, the ALJ finally awarded me SSDI. The fully favorable decision was based solely on my spine conditions, which are service connected. I have not worked since May 2007. Can I apply for IU using the SSDI decision as justification, along with my medical records that the VA used to increase my lumbar to 40%? Do I have to wait until I can get one 60% rating or overall 70% before I can apply for IU? If I can apply now, any ideas on chances for approval? This has been rough going for the last 2 years but at least now I can see some light at the end of the tunnel!!! Hang in there Brothers and Sisters...Don't give up!!! Thanks for any help or advice.

I am in the same boat as you. I had surgery on my SC back in May 2007. Unable to exercise or work now and have gained a lot of weight. In July 2008 I was diagnosed with Type 2 diabetes. No indications of diabetes prior to my back surgery. I too have wondered if the diabetes could be secondary to back problems.

I am in the same boat as you. I had surgery on my SC back in May 2007. Inactivity and have gained a lot of weight. In July 2008 I was diagnosed with Type 2 diabetes. No indications of diabetes prior to my back surgery. I too have wondered if

Hello all, I retired from the USAF in 2000. I got 10% lumbar, 10% thoracic spine and 10% right knee. Over the years since retirement I have had back pain, leg numbness with stabbing burning pain, etc. I finally got tired of the pain and went to a civilian orthopedic doc. After MRI, X-ray and CT scans I was diagnosed with severe spinal stenosis. I also had L4-S1 fusion surgery. I had surgery on 14 May 2007. I filed for an increase in compensation in September 2007. Less than a month ago I got my rating decision back from my request for an increase due to limitations in mobility, pain, convalescence. I got 100% for 3 months, June through August 2007, and was then reverted back to the original 10% effective 1 Sept 2007. I have not been released by my doctor to return to work since my surgery. I still have the same conditions as prior to surgery and the spinal stenosis is now progressing further up my lumbar and thoracic spine as evidenced by a CT Myleogram I had in December 2007. In addition, I now also have cervical spine problems causing loss of feeling and dexterity in my hands. However, my neck was not service connected at retirement. I had a C&P in December 2007 for my back. I now have another C&P on 21 August 2008 for my back. Hopefully I will see some sort of increase after this exam. Thanks for listening!!!