Vync

Fixing to send one in. Look for a future post by me on the VA's new / old trick of not outright denying a claim but sending you a letter without a direct denial or giving the M21 or 38 CFR reasons for the denial. 

Some dates here may help, because you have certain protections, however, those dont apply with temporary ratings.  Yes, with temporary ratings the VA can schedule you for a review rating.  
Probably what I would do is go ahead and apply for an increase..if it applies, such as applying for tdiu if you are unable to work due to SC conditions (likely).  If awarded tdiu, then you will be paid at 100 percent and not much will happen "except" you may be eligible for SMC S..statuatory.  
My advice is to go to the exam and have an answer to the age old question,
"How are you?"
If you respond with the proverbial "Fine", then you may be backpedaling the entire exam.  Instead, if you are not "fine", well, dont answer fine, but instead describe your symptoms on your worst day, say its Tuesday.  
So, instead of responding with the proverbial "fine", something close to this may be more appropropriate, but use your example from real life, not mine:
Doc:  HOW ARE YOU:
YOU:
 

To give you some hope, from what I am seeing, the PCAFC cases are being heard in a timely manner at the Board, much quicker, and not in competition with other claims. The drawback is that the Board is remanding the claims back to the VHA to be properly re adjudicated. There is where they hit the VHA's backlog and linger for quite a while.  Some for more than a year.
At the web site below, you can look up those prior decisions that have come before the Board to see how they were handled. The one decision that was actually granted by the board was my own appeal for level 2 caregiver benefits.
Copy and paste the link provided below into your web browser , Then, In the BVA's search box type , VA cpafc caregiver appeals.
To see my own case, type my citation number in the search box  A22011682.  Good luck, and God's speed to you Sir!
https://search.usa.gov/search?affiliate=bvadecisions&_ga=2.77268117.1265507262.1648799257-1511624019.1640929699
 
Don't be surprised if the CPAFC caregivers program comes up as a topic for discussion on the Exposed vet Podcast on Thursday evening, 01/04/2024 at 6:00 Central time. Dial (515) 605- 9764 to listen in.  I have also written quite a bit about appealing a PCAFC caregiver's decision at my website,
vatheredneckway.com

I need to call them and make sure they got my mailed in paperwork they asked for.

I will update once it moves forward.  

I have two separate appeals at the board as well but they are both new. One for PCAFC since July '23 and the other for comp issues since October '23. I am hopeful the caregiver claim has different rules and is processed more quickly but something tells me it's not. I can't work up the courage to investigate.

I have two separate appeals pending, one is going back to the CAVC because a BVA judge refused to follow a JMR Order, and the second appeal is still at the BVA waiting for it to be assigned to a BVA judge.
 

I am back at the Board.  This is my original claim from 2013.  CAVC x2 - BVA x2 - HLR x1 - DRO x1.  
Good news on this it is a joint remand form the CAVC as they agreed there were mistakes and evidence never looked at (Shocker)!
I also got the Obligitory your BVA appeal is in line.  
Keep fighting everyone, You will get there!

@Dustoff1970 Yep. The old worksheets did offer greater flexibility to the examiners because they could use as much or little space as needed. They did have template files which they used to fill them out so if they needed more lines to answer questions, they were not constrained. But that second screenshot I posted, it's like either you have painful motion or you don't. Of course, the examiner took lots of handwritten notes which contained more favorable and easier to understand comments than made it into the report.
The newer DBQs do have checkboxes to make things easier, but if I were to take the heart exam to a civilian doc, they would be a bit lost. It is almost like the VA made them so "busy" as to require a special training course just to understand how fill them out.

In 2017 I filed a claim for Nam Agent Orange Heart disease and the VARO gave me 30% but nothing higher as they said my 2014 Bruce Treadmill Stress test METS results were not current for a higher rating and of course the biased VA C&P examiner also ignored my Stress test results that showed I was qualified for a 60% rating.
On later appeal to the Board (BVA) the judge accepted those 2014 test results and granted me a 60% rating.

Vync that is very similar to the 98 C&P exam worksheet that the VA clinical psychologist used to evaluate me for renewal and increase of my PTSD that was then rated at 70% with TDIU.
I have a copy of that examiner's evaluation in my files and it was 9 to 10 pages in length.  That was good stuff then and better than today's chicken chit DBQs in my opinion.  Many private doctors will not fill out a lengthy DBQ that leaves very little room for their in depth comments, etc.  This is to the advantage of  the VBN.

Great post, rental guy!  Now, If you will excuse me, I am going to have a slice of my much deserved humble pie.  

Welcome to hadit! 
Two of our best have responded to your question, but I will add my 2 cents:
"IF" VA has such a manual "for the exclusive use" of c and p examiners, they are not sharing it with us.  There are DBQ's, but Im not even sure those are available publicly anymore.  There are regulations, however, for us: The 38 CFR and feel free to read those.  There is also the M21 Mr's, which is sort of for rating specialists, and we do have some access to those, if you dig deep.   
Generally, the lawyers and judges use the 38 CFR;s and the USC (United States Code).  Rarely will you see the M21Mr cited.  
Part of the reason for this is this gives VA much leeway when there is nothing written down about how soon the Vets c and p exam is released to him, for example.  The VA LOOOOOOVES it when Veterans are in the dark for at least 2 reasons:
1.  It makes the VA look good.  "Oh that is just the regulations, I cant do anything about that.  Its too bad you cant find it."  
2.  It makes Veterans perform worse.  Can you imagine playing in the superbowl, and not knowing the rules of the game?  If you have reached the Superbowl, you probably know those rules inside and out, forward and backwards, and make the best use of them.  
3.  Veterans must be a mushroom, the VA keeps us in the dark, and feeds us BS.  
     The best place to be kept out of the dark is hadit.  We often refer you to the 38 CFR's , to fast letters, to CAVC case law, to law firms, or to our own experience.  

In many of my C&P exams for past 30 years the examiner did keep copies of my medical evidence for their later review.  Both VA and contract examiners.  This got me 70% for ptsd and tdiu also 60% for Gerd (recent) and 10% for tinnitus (recent), etc.,.  They either read my evidence at the exam and returned it too me in the office or kept it for later review. 
All they can do is say no and you have nothing to lose by offering what evidence you have for them to see.  Bring copies only as they may keep your medical documents.
It is their choice to accept or not your documents. Don't believe BS on other forums that say they will not see or keep your evidence.  Some will and others will not.
A racist biased VA examiner in past several years did refuse to look at my evidence and ruled against me for OSA Sleep Apnea and increase in Heart disease but the wonderful BVA judges overturned his sorry opinion against me on both my appeals and granted me 50% for OSA and 60% for Nam Agent Orange Heart disease that automatically qualified me for additional SMC-S monthly money with 5 years back pay.  They probably knew his history of racism against vets like me.
My comment is not legal advice as I am not a lawyer, paralegal or VSO.
 

 

By whom? They don't retain anything. They do the exam and then send the exam forms to your CFile. 

The term VA uses is "current diagnosis".  It does not mean you had a diagnosis "in military service", it means you currently have such a diagnosis.  
The call on whether or not your year old PFT is sufficient is likely to be made by your doctor.  He is the expert on PFT's, not a rating specialist with no medical training, and certainly, not a moderator at hadit, like me!   
HOwever, again, from a practical standpoint, it may be good for your to have a new PFT, if the doctor so decides for at least 2 reasons:
1.  A second PFT a year later with consistent numbers helps to confirm that there were not mistakes made on the first PFT.  
Perhaps more importantly, however is number 2:
2.  If your PFT numbers are worse in the most recent PFT, it could result in a higher rating and additional compensation, suggesting that your condition worsened in the past year.  
     My advice is not to shy away from a new PFT.  I have had them before, and they are not exactly fun, but, trust me, I have had plenty of medical tests and procedures that are far worse than PFT's.  If your doctor wants a new PFT, then attend same, if he is okay with the old one, go with that.  
    Your medical professional will make the call if you need a new PFT or not.  If its the same doc, he may have a good idea just from observing you whether or not your numbers will likely be the same or not.  

Im gonna try to remember this case the next time VA starts saying about how VA benefits are a pro claimant system, and this is why VA gets to do stuff like control all of our evidence, often losing or shredding it when its convienient for them.  There has even been a well known case where VA "altered the documents" of a Veteran in order to pay him less benefits.  I read of it, but can not recall the case right now.  
VA should hold their head in shame for taking this to scotus so they can pay Veterans lower education benefits.  

22-888 RUDISILL V. McDONOUGH
DECISION BELOW: 55 F.4th 879
LOWER COURT CASE NUMBER: 2020-1637
QUESTION PRESENTED:
Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill, 38 U.S.C. § 3001 et seq., and under the Post- 9/11 GI Bill, 38 U.S.C. § 3301 et seq., is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.
CERT. GRANTED 6/26/2023
For Our Legal Beagles

22-888 RUDISILL V. McDONOUGH - Supreme Court of the United States.pdf

No, you can file a claim at any age. 

Currently, We Have Two Sites
hadit.com with VA disability information and community.hadit.com for our discussion forum this is where most folks go to ask, answer or just read the various VA disability forums.

I have sorta been down that route.  I applied for A and A, based "not" on that I need help tying my shoes or taking a bath, "but", my wife reminds me to take my pills, "or" I can sink into a depression (from not taking the meds), and, in that state, I can cause harm to myself.  
My claim was denied.  Its documented I forget to take my pills "without" my wife reminding me. 
The VA has or did have a program where they would call the Veteran every day to remind them of the pills.  It was a robo call.  I hate robo calls.  But I had to admit that I did not need assistance "other than" being reminded to take my pills.  
I should have, but did not appeal on this basis.  Remember, the VA, because of Chevron deference, gets to interpret its own regulations, "unless they are arbritrary and capricious".  
Its a very tough standard to meet, showing the VA was interpreting its regulation "arbritrary and capricious manner" probably a higher legal standard than that of CUE.  
With arbritrary and capricious, you are basically challenging the VA, saying they hate Veterans, and have a mean intent to damage you, and they did so for no good reason (arbritrary), such as denial because you like Star Wars films.  
I do think maybe Mr. Carpenter should take this one on, and argue for the Veteran that he meets the standard you quoted in bold, above, and the VA is taking advantage of a Veteran with a mental disability, which should not happen.  Its like the VA is taking advantage of you because of your disability.  

Unfortunately, you are applying "logic" to the VA...something that is very complex and rarely logical.  While I agree it makes sense, "making sense" is not one of the VA regulations.  

@broncovet Before the new VA life system went live, the VA attorney who I spoke with said they are self-insured, but I honestly don't know nor do I actually believe that. They do have a dedicated call center in the Northeast. I did learn that the insurance division appears to follow its own set of rules. They had no idea about how to handle a CUE. They pretty much said that the rules in M21-1 did not apply because they have their own procedure manual (M26 or something else, can't verify now). When I called the VA insurance hotline, they often went by what was in the pamphlet and could not answer specific questions. This is where I learned how they supposedly redefined totally disabled for insurance purposes. Basically, screw what the rest of the VA refers to as totally disabled and insert their own policy-level definition which they believe takes precedence over what is in 38 CFR which are actual regs. Of course, I found a number of cases where vets and widows were granted the insurance waiver even though they were deemed employer. Did not find a single case in favor of the VA on the merits, only situations where they did not file in a timely manner and other unrelated denials.

Dustoff gave a great answer and its hard to top that!  
Generally, what I have seen for "aggravation" is to establish service connection.  
An example may be lets say you are diagnosed with a knee issue prior to service.  
So, the military puts a 140 pound back pack on you and makes you march 10 miles with the backpack on repeatedly, OR makes you jump out of airplines.  
Its easy to see how your knee condition could be worsened through military service, because you "aggravated" the condition in performing your duties in military service.  
The VA tends to "chop up" disabilities into parts:
1.  Service connection or no.  
2.  Disability percentage. 
3.  Effective date.  
     This is done for each condition, your knee condition can be vastly different, or the same, for BPH or other conditions.  
    However, once you have established service connection, well you have SC.  Its binary..you are either service connected for a condition or you are not.  Once service connected your condition should be rated by the criteria found in the schedule of disability ratings.  So, once you obtain sc via aggravation, you should be rated by the criteria found in the schedule:
https://www.law.cornell.edu/cfr/text/38/4.115a
   There could be an example of only getting sc for the percentage "you got worse" from military service because you had the condition prior to service.  
    Im gonna pass on guessing whether you would simply get service connection for aggravation, and then its rated normally, or there is some type of complicated deduction for the percentage of disability you had prior to service, vs what you have after service.  Given the crazy way VA does stuff, it would not suprise me a bit if VA tries to do this percentage of percentage stuff with aggravation.  But you could also appeal it.  After all, the miitary accepted you "with your limitations" and it is their fault if they expect you to perform duties that makes your conditions worse (aggravation).  

Here is another  explanation of AGGRAVATION from the Chisholm Chisholm Kilpatrick (CCK) law firm.
https://cck-law.com/blog/va-service-connection-aggravation/
My comment is not legal advice as I am not a lawyer, paralegal or VSO