2NDMARDIVDOC

January 20, 2017

Sax,

Have you ever checked myhealthevet to see if your CP exams from QTC are in there?

January 20, 2017

What is a QTC office?

January 19, 2017

Saxman,

Does your current claim have anything to do with your past denials? Re-open for example? You know that you can review the CP exam results on myhealthevet website right? That will tell you exactly how you scored on the CP exam.

January 19, 2017

Thanks Buck

January 19, 2017

Thanks Buck. That's been my experience as well. Although on my most recent claim its been all VA doctors and examiners involved. Its been in the prep for decision phase now for 2 weeks. Like I said, the few denials I've had have always been completed within a week of the CP exam. Do you happen to know if there is any addition steps the VA takes when retro is involved? Particularly high dollar retro that adds to the wait time?

January 19, 2017

I have a theory that may or may not be true. Just looking for some opinions or experiences. Over the years I have filed a lot of claims for SC. Some were granted and some weren't. Some came with a decent amount of retro payment. I have noticed, at least in my cases, that claims that are going to be approved usually sit in the "prep for decision / pending approval" stage for longer wait times than flat out denials. Usually a denial goes through the last few stages all within a week as where the approvals take at least a month or longer for the last few stages. Anyone else have an experience or opinion on that?

January 16, 2017

Berta, I'm not up to speed in what CFR 31.58 is. Please explain how that pertains to my situation. The original denial was in 02. I did not dispute it until last month. I submitted new evidence as well as some evidence I don't think they used at the time and WAS available. That is why I filed the CUE. If the CUE is denied, is it possible to get an effective date back to when it was denied in 02 even if I didn't dispute it back then?

January 14, 2017

Hi guys. Thank you for the replies. I appreciate the time but things have gotten pretty twisted here. All I'm asking is this.... if someone files a CUE / reopening on a past denied claim, if that claim does not meet the requirements for a CUE.......YET IS ALLOWED A REOPENING FOR SERVICE CONNECTION CONSIDERATION, does the VA have to notify the Veteran via mail that it did not meet the CUE requirements PRIOR to the notification of whether or not the S/C for THAT perticular issue was awarded??

19 minutes ago, Buck52 said:

I agree with you Ms berta

I had read some BVA CUE denials as well as awards because of the Regs changing ...before I submitted my PTSD Claim they helped me a lot and I learned some new exciting words too....

If a Veteran is denied for his claim he should go to the BVA Denials and find the ones that pertain to his/her claim denied and awards..it will sure help out.

berta, buck

based on the replies which I greatly appreciate, I'm obviously not communicating my question correctly. I'll try and give it another go. First, please forget everything I've ever posted outside of this thread because this question has absolutely nothing to do with past topics, questions or PTSD.

In 02 I was denied SC for a bladder issue. It was DX'd in service and I was in meds. I never disputed the denial.

When I filed a unrelated claim a few months ago I mentioned it to my VSO and showed him my continuous records for the bladder condition which I still have and get meds for.

I ecplsined to him that I BELIEVED the VA didn't see or use my discharge physical which contained additional info on my bladder condition.

The VSO took all my past and current evidence regarding the bladder and filed for "bladder condition re-open / CUE" that quote is verbatim as to how the file was worded.

A month later I was scheduled for a CP exam of the bladder which was scored very much in my favor as well as an established nexus and a positive medical opinion.

Ok... that said, when regional received that claim, before anything else, if they didn't believe a CUE may have occurred, would they have notified me that the CUE was out of the question but they were going to allow the re-opening????

My claim for the bladder is in the pending decision phase so obviously they are at a minimum entertaining the reopening. Now that I have laid it all out, any thoughts on the CUE portion?

January 14, 2017

Hi guys. Thank you for the replies. I appreciate the time but things have gotten pretty twisted here. All I'm asking is this.... if someone files a CUE / reopening on a past denied claim, if that claim does not meet the requirements for a CUE.......YET IS ALLOWED A REOPENING FOR SERVICE CONNECTION CONSIDERATION, does the VA have to notify the Veteran via mail that it did not meet the CUE requirements PRIOR to the notification of whether or not the S/C for THAT perticular issue was awarded??

January 12, 2017

Gastone,

I probably did not ask my question clear enough. I realize that a decision of the claim cannot be made until the rater gets the DBQ ect. When I filed the FDC it was a re-open / CUE for a condition that was denied back in 02 when I discharged. I submitted new and material evidence. I know that the claim can be granted without approving the CUE.

The question was this: When I submitted the re-open / CUE and regional received it, if at that time they saw that I didn't meet the requirement for the CUE, would they have notified me that the CUE was dead but they were moving forward with the re-open request?

I don't have the docs you requested with me at the moment. I will try to upload them when I can.

January 12, 2017

I submitted a CUE claim via FDC a few months back. I was granted a C&P exam for the issue. Regional office also requested a medical opinion from the examiner. The exam and the MO was very favorable. The claim is now in the "pending decision" phase. My question is, is it true that if my claim did not meet the requirement(s) for a CUE, would the VA have notified me? I have not received any notifications from them other than the exam. So does that mean they consider the CUE valid?

January 10, 2017

Hello. Below are the C&P exam results for on my shoulder claim. I'm having difficulty comparing the results to the rating criteria for shoulder conditions. Can you please tell me what these results equal in regards to the percentage assigned? By the way, this is for my non-dominate side. Thank you.

[X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 180): 0 to 140 degrees Abduction (0 to 180): 0 to 110 degrees External rotation (0 to 90): 0 to 70 degrees Internal rotation (0 to 90): 0 to 60 degrees If abnormal, does the range of motion itself contribute to functional loss? [X] Yes (please explain) [ ] No If yes, please

January 8, 2017

Got it. Thank you.

January 8, 2017

Hello. Below are the C&P exam results for on my shoulder claim. I'm having difficulty comparing the results to the rating criteria for shoulder conditions. Can you please tell me what these results equal in regards to the percentage assigned? By the way, this is for my non-dominate side. Thank you. 


     [X] Abnormal or outside of normal range
     [ ] Unable to test (please explain)
     [ ] Not indicated (please explain)
     
         Flexion (0 to 180):           0 to 140 degrees
         Abduction (0 to 180):         0 to 110 degrees
         External rotation (0 to 90):  0 to 70 degrees
         Internal rotation (0 to 90):  0 to 60 degrees

         If abnormal, does the range of motion itself contribute to functional
         loss?  [X] Yes (please explain)   [ ] No
            If yes, please explain:
            decreased r

January 8, 2017

Mike, I'm new to the claims process and not really up to speed on the language used. Please define what you mean by "needs to be material"

Thank you

John

January 7, 2017

And by "low threshold" are you referring to the CUE? Are you saying that if they weren't considering the CUE they would have sent a denial letter saying they were not going to entertain the CUE claim?

BTW, when I was at my CP exam this week for the bladder I did see the examiners paperwork where regional was asking the "as likely as not" question. I know she marked me "more likely than not" on the exam.

Thoughts?

January 6, 2017

Thanks Bronco.

January 5, 2017

Hello and thanks in advance. As some of you already know I've asked a few questions about my claim for overactive bladder. The back story is this.

When I discharged back in 2002 one of my claims was overactive bladder. It was diagnosed in service and I was put on meds for it. On my discharge physical it is clearly outlined about the condition. However, the doctor that did the physical wrote "ncd" next to the condition. It wasn't until yesterday that I discovered it meant "not considered disabling"

the VA denied my claim for the bladder because they claimed that the "Perpondence of evidence" was not in my favor. I never disputed the denial. Over the last several months my bladder condition has worsened and is well documented.

I had found some "new" evidence from back in the service that I didn't think the VA had when they denied me. So I submitted that as well as all my recent urology records.

My C&P was yesterday. The examiner was actually very nice and very thorough. She started digging through my original records that the VA had back in 2002. I noticed that the VA in fact DID have the records that I thought they didn't.

Anyway, here's the questions I submitted the reopening of the claim based on "new evidence" and requested a CUE as it turns out, the only "new" evidence I submitted was the recent urology reports

I did see where regional requested a medical opinion / nexus from the examiner . Is it accurate to think that if they were going to dismiss the "new" evidence that it would have never been granted a C&P exam???

Would the recent urology reports be seen as new evidence? Obviously they didn't exist when the claim was originally denied and the urology reports from the military had already been considered so in reality the only new evidence I actually submitted was the stuff from just the last 5 months.

January 2, 2017

20 hours ago, Berta said:

Congrats on the SC rating.....you had excellent evidence for that.

I must be getting old because I had no idea from your past posts that you are a military retiree....maybe you mentioned it and I didnt pick up on it.

The only way I know now is because you said you contacted DFAS.

You need to read over the CRDP /CRSC info here. You sure might be eligible for one of these benefits.

CRDP is automatic and VA contacts DFAS directly on that..., CRSC has to be applied for.

This link and the tabs on the left explain these types of payments.

https://www.dfas.mil/retiredmilitary/disability/payment.html

Berta, I'm not a retiree. I I did 5 years and got out to finish my eduction. I was 70% before this most recent rating and now I am 90%. It MAY hit 100 when these other 2 issues clear next week. IU is not something I'm interested in. I'm only 42 and have a good job. I don't want to give up working just to collect IU. Just a personal decision.

MikeHunt · January 1, 2017

Mike,

DFAS can see upcoming deposits. And apparently they can see more about your claim than you can or that your rep can.

Dont ask me how, they just can. Anyway, coincidentally I received a rating decision letter in by mail yesterday. I did in the get awarded 70% for PTSD and the other 2 issues were defered until my CP exams next week. I have not however seen any kind of retro payment yet.

December 29, 2016

Thank you Gastone. I really appreciate the info. I'll do my best to stay patient. Have a good new year!

December 28, 2016

So I took it upon myself to call DFAS today to ask them if they could tell me if they saw any pending deposits in the future for me regarding my recent claim.

Ebenefits kept going back and forth through all the steps with no solid info at all.

My DAV rep said that he believed that my PTSD claim had been approved but the other 2 issues in my claim had been deferred pending CP exams.

Anyway, DFAS asks me if i "received the letter that was sent on dec 10th" I told them I didn't receive ANYTHING at all. Here's where I lost it.... the guy tells me that he couldn't discuss anything unless I had the letter in hand. Why the hell would I be calling for info if I had the damn letter???

anyway, I told him that according to my bank, my monthly award amount had not changed based on my pending deposit for the 30th.

What he did tell me was that "one" of my items in the claim had in fact been approved but it had not been "applied" to my overall rating "yet" he wouldn't tell me which issue it was or what the percentage was

why wouldn't they have uploaded the issue that was awarded??? I'd love to know what the hell was in that letter that they claimed they sent in the 10th.

Is that letter anywhere in ebenefits or can I get it somewhere?

December 28, 2016

Thanks Gastone,

my situation is this. I'm currently 70%. 40 for hearing, 30 for shoulder, 10 for tinnitus and 10 for bhronchitis.

I submitted a FDC in February for mental condition to include PTSD, (which was submitted with a ton of evidence including a completed DBQ) a bladder condition (CUE from years back) and secondary shoulder condition. 3 conditions total in this most recent claim.

I have been scheduled for CP for the bladder and shoulder for Jan 4th of 2017. Nothing scheduled for the mental health claim. It's been at least 3 weeks since my ebenefits stated "prep for notification" and nothing hit my account and nothing in the mail. Then a few days ago it went back to pending decision.

So now that you have the details, any thoughts?

December 28, 2016

So my ebenefits status went from prep for notification to prep for decision approval then back to prep for decision. What the hell os going on?

December 23, 2016

I've never understood how bilateral tinnitus is only a 10% disability. Why is each ear not rated separately?

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