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Based on a DBQ, would a C&P examiner be pressed by the VA to give an opinion on the nexus of an existing rating when the exam is for an increase (unemployability)? I filed for unemployability. During my C&P exam for my Major Depressive Disorder (MDD) increase (unemployability claim) the examiner seemed to be asking questions or making comments that would suggest a re-determination of a nexus for my MDD. Have any of you seen where VA might ask the examiner for their opinion of the nexus on an existing rating when the exam is for an increase (unemployability)? My head was swimming with anxiety and my back issues flared up to the point where I could hardly pay attention, but I think I had asked her point-blank if the exam included a nexus re-evaluation and she said no, but her line of questioning and her comments suggested to me that she was questioning the nexus. I think at one point she had to correct herself when I asked her is this an exam for the nexus and she seemed startled and looked down at her paperwork and said "oh that's right. This is for an increase." But then she just continued later in the exam with nexus-like questioning and comments. My question to everyone is, have any of you experienced a re-evaluation of nexus following C&P exams for increases?

Greetings all, Has anyone file a claim for cervical or lumbar strain and has been awarded both? The reason for this question is because a few years ago, I had a VFW rep had gone through my medical records and discovered I had neck and back problems while in service and filed cervical or lumbar straln.

This is some great info that may help my Brothers and Sisters in the Hadit family. Enjoy Inadequate Exam Webinar Final - Live VSO.pdf

I’m in final review for about 40 days after spending almost 5 years in legacy. Peggy says almost done but no date. They have everything since 5/1. I thought ramp was quicker .I opted in 5/13. I get close then it gets sent back. No one know anything.All you can do is wait

VA received my RAMP appeal on March 13 and still no answer after 142 days. Is this unusual? Any STATS out there on how long some of them go over? Peggy gives me different answers every time I call in beginning with very few go over the 125 to at 135 days if you don't get a letter in 30 days call us back. Nothing worthy on vets.gov My VSO is clueless and gives me only what I get myself. What is the point of RAMP if there is no real deadline at all, not even a few days over?

I tried to find the DBQ for TBI from the download list. It is missing in action. Is this because of the revision in process of 38 CFR? I need it to get an neuropsychological assessment done by protocol by a local source. The VA is insisting they cannot use a local contractor and that I must travel to Denver, 3.5 hours away for the assessment. The remand didn't specify it be done by a VA qualified psychologist. Only that it be done in protocol which the last one wasn't. Looks like I'll have to go to the CAVC with this.

Hi everybody just received my TDIU C&P exams schedule for next week any suggestions. anything

This is an important guide everyone should read. https://asknod.org/2016/11/02/how-to-ace-any-va-compensation-pension-exam/

I went through a C &P Exam in September for a re-evaluation of PTSD. The exam lasted less than 45 minutes and the Examiner did not ask but a handful of questions or even consider paperwork in my C-file from Voc. Rehab stating that my medical conditions prevent me from working. The first update to E-benefits stated the following provided in the screen shot. Before clicking on the action tab the claim type said INC. Today E-benefits shows that someone read my submitted evidence because now it says under review. Has anyone had this claim type of INC on a proposal to reduce before? If so, did you find out what INC meant? I know now that I am in an appeal status but none the less the whole thing is stressful and a continuous fight proving everything again to the VA. Considering that i just went througg all of this in 12. Plus, the VA dismissed the IDES amd MEB/PEB findings which was suppose to stream line the entire process. Any info or comments are helpful. Thanks. Riggs.

Folks: I've learned three important lessons from the VA Disabilities Claims System recently. One is that even with the best preparation, you can get tripped up by the complexities of the rules. Today, I looked at one of my deferred claims that I thought was solid for round 2 and realized that the APRN that did the CP Exam did a "guesstimate" on the Shoulder ROM Measurements and they were way off? I actually spoke to another Vet last week that had a similar problem and realized that it was that same APRN that I had? So despite talking to her boss and making a complaint, it made little difference to make a change? Secondly, is that I've started to learn better patience and that something will happen when and if it's going to happen...and worry does not change that one bit? Thirdly, that many of us have been down this road before and it's important to learn from each other so we don't repeat the same mistakes over and over again in pursuit of service connections for disabilities. My goal now is 100% but I realized that when you climb a mountain, the last 10 feet is the hardest part of the climb. So, going from 80% or 90% to 100% is going to be much harder than most of us originally would think? But in the end, I'm much better prepared than I was 3 years ago because I know, I can now come to this board for help and advice...and that was not the case originally....take care...and Godspeed....rootbeer22

A veteran's story... after service. A difficult, but true story with a warning to Veterans. Fore-warned is forearmed. Like many others, I enlisted in the military, to do my part. It never occurred to me, beforehand, that such as this story would occur. I find most veterans are reluctant to discuss their ‘stressors’. After years of experience with VA hospitals, I don’t remember anyone ever telling me what happened to them. Those painful events are personal, private and burdensome. I don’t want to discuss my ‘stressors’ either; suffice to say they occurred and I struggled with them for years, before I sought help at Fort Harrison, MT. The process being what it is, I received many demands for information and ordered to numerous examinations. At the end of each communication, VA threatened to dismiss my claim, if I did not comply. With each new demand I spent days or weeks struggling with my memories and flashbacks, trying to meet VA’s requirements of the moment. For those fortunate enough not to understand that struggle, hours and sometimes days are lost to thoughts and overwhelming states of mind. Staying on task is usually very difficult, if not impossible. Each new brief submitted by VA was rife with errors. Often it required eight to ten pages to correct the critical errors made by VA’s claim of the “facts”. The true facts were in the record and the errors were always skewed to my disadvantage. VA’s inability to get it right has made for me some very dark years. I submitted to numerous Compensation & Pension (C&P) examinations. The consensus was: “chronic & severe PTSD”. Unsatisfied with these diagnoses, VA requested some of the doctor’s change their diagnoses. These requests were illegal and fraudulent, they are also in the record, much to VA’s chagrin and I suspect that of the doctors involved. Once the first examiners had reversed their diagnoses per request, VA set about having the record and examinations reviewed by numerous other doctors, who expanded on the fraudulent opinions with even more fraud. At one point an examiner stated I was not credible because I had “requested” so many C&P exams. Fortunately there was an honest physician that pointed out I had not requested the examinations, but had been ordered by VA to comply or have my claim dismissed. After several years of treatment, a doctor recommended I seek representation by a service organization. Up to that point I had merely jumped through the hoops required by VA. I did not understand the process. In hindsight, a veteran should not need to understand the process or deal with a predatory VA. Their service should be honored by an honest and forthright Veterans Administration, as promised and as required by law. Disabled American Veterans (DAV) was recommended to me and I made numerous efforts to enlist the help of DAV, only to be rejected by Mr. K.G. in his condescending manner. His reason… I had begun by talking with someone else. This seems absurd, but nonetheless true. After seven years of submitting to VA’s process, my claim made it to the US Court of Appeals for Veterans Claims (CAVC), in 2006. I retained representation by B&M, a veteran’s law firm in Bethesda, MD. During that time, the Court decided I also needed to be represented by a service organization. My attorney informed me of this and asked whom I wanted to give Power of Attorney (POA), for my claim. I explained to the attorney that I had tried to enlist DAV’s help, but Mr. K.G. had refused to accept my POA. The Court assigned DAV to my claim and my attorney and VA jointly agreed to remand the matter. My attorney told me remand was "the best I could hope for". Although in the end, the facts that won the Court’s reversal and my service connection were of record and in his possession, when he said remand was "the best I could hope for". When I approached Mr. K.G., expecting help with the next step, he made it plain that he resented being assigned by the Court. He accused me of “some underhanded dealings” and said “Go home… don’t do anything… don’t call anybody, don’t write anybody… and don’t come back to this office”. I have not gone back and I will never forget his words. Eight years later, my claim made it back to CAVC, with B&M representing me again. My attorneys began again saying remand was "the best I could hope for", but this time I refused, up front, to accept a remand and insisted they read my statements concerning VA’s fraudulent prosecution of my claim and seek reversal of VA’s denial of benefits. With a small and insignificant exception, B&M’s brief to CAVC in 2014 was a reiteration of my statements. While I am grateful for B&M’s assistance and the Court’s reversal of VA’s denial, granting me service connection, I have to wonder why the facts were not viewed the first time, eight years prior. The facts used by CAVC in 2014 were present in the record in 2006 when my “best hope” was remand. My attorneys were well paid for their service. With the Court’s reversal in hand, they correctly predicted that VA would “drag their feet and low-ball my rating”. Then they offered to prevent this continued injustice and see that the Court’s orders were carried out… for a 1/3 share… which was over 5 years of benefits. I declined their offer, believing that the Court’s orders must be carried out… period. Shouldn’t they? I’m beginning to wonder! In a few days, it will be a year since the Court granted my service connection. To date, I have received a form letter from Fort Harrison, MT confirming receipt of my claim from CAVC and the Court’s decision, but nothing else. Not a word. In the Court’s decision, the law requiring expedited handling is quoted and ordered. After months of nothing, I inquired about the required expediting only to be told they “only pay lip-service to that law”. Lip-service only… to the law? That’s outrageous. About that time, a public relations person from B&M’s office contacted me, wanting to use my name & picture in their professional advertisements, because “reversals are rare”. I expressed my desire to remain private and again explained that their desire for 1/3 of my benefits was unwarranted. The PR person stated maybe one of the attorneys could make a phone call on my behalf. That was many months ago and I have not heard from them again. In desperation (I’m about to lose my home), I recently sought ‘un-official’ advice from another service organization, since DAV still refuses to assist me. The other organization found that CAVC’s decision has “not been entered into the computer”. The reason and remedy were unknown. Their advice: be patient. At this point, I have been patient for 16 years. This other person sent a note to Mr. K.G. at DAV, about our conversation. A few days later, I received a call from DAV, the first since 2006. The woman that called was very smug and reminded me that DAV has my POA. I explained that Mr. K.G. refuses to assist me and I am about to lose my home, to which she said I’d “just have to wait”. Why am I writing this? I hope it will find the eyes of someone that gives a damn about the law and injustice. And I hope veterans that find themselves in need of assistance will read this and not be hoodwinked as I have been, for years upon years. Too… I wonder how CAVC Judge S. would feel about “lip-service” to the law and his order. Sincerely,

Folks: Recently, I did some C & P exams and a lot of what I said to the examiner, never was considered or mentioned in the exam results? So, I was thinking about submitting a new "statement of support" for my claim to fill in the Gaps for the raters? For instance, on a few of the contentions, even though I had clear SMR evidence for the incident and when/what happened and on the day it happneded, he never mentioned or commented on the actual SMR that was provided to him? Although this is my first claim and an FDC, I'm not sure if I want to delay the entire process again by adding the same evidence in again? But, I figure the SMR evidence needs to be cited again even though it's already contained within the general evidence of the claim anyway? So, is it better just to let it go and hope that the VBA rater catches/sees the SMR evidence for the contention or just file a CUE when I get the results of the final claim if I get denied? Or is it better to risk the claim being taken out of the FDC process entirely and put into the regular claims process to ensure that proper SMR evidence is considered/cited for the claim? The claim is close now to being a year old now?

Hello all - The DOD and VA lost my records for 23 years, and with a slew of serious health problems, I've had to put together my own top notch medical team. They were all more than willing to complete the DBQ's (at least for the presumptives) for DS/DS. However yesterday, I had to go through C&P exams for everything. Can anyone give me any insight? Stefani Ceballos -Wake up every morning curious. And wake up determined to find the answer."

So in my remand, the VLJ wanted a more recent C&P for arthritis. He also stated that this should be during a flare-up of the condition to see the full extent of the claimed disability. My question for my brothers and sisters out there is this: has anyone STOPPED taking medication for a condition so the C&P shows the extent of the condition? If not or if so, why?

I know this has more then likely been discussed several times in the past, but I'm putting it out there because it's my current experience as I'm living it. Trying to keep it all in one place by adding to other threads that discuss this topic is somewhat frowned upon, which is why I'm starting this one. Synopsis of my process so far: Initial award: 50% in 2004 for a laundry list of things typical to a 25 year Army career of jumping, deploying, sleeping on rocks, not sleeping, not eating, stressing etc, etc, etc. I was in the middle of a bunch of life changes so didn't appeal anything. Bad decision on my part. I would recommend appealing if you feel you didn’t receive the outcome you deserve. Don’t wait and re-file or request increases like I did. Fast forward to 2010: As we age, our "100% more abused then the average citizen" bodies are on a fast deterioration...and it was becoming evident that my days are numbered to continue at the pace I am now, or was. So I filed for increases in several areas and added a couple. I'd like to believe that's why my claim sat idle for almost 2 years, but...my C&P's were done in July 2012. All paperwork/documentation was in and final in December 2010. So, what was happening (Other than collecting Houston VARO dust) from Oct 2010 to July 2012, is an unknown. Maybe it had to do with it being an election year?? Who knows... Anyway, a quick rundown: Second claim opened: 10/08/2010 - I received 3 notifications via mail (Other then the C&P notifications) between Oct 2010 and 1 February 2012 telling me that they were still working on my claim. After that, I received nothing until the C&P notifications. - eBenefits stayed in "Gathering Evidence" until August 2012. - April 2012: I said enough is enough. I contacted my Congressman. They said they were glad to take this on. They sent a letter to the VA inquiring into the status in early May. - Nothing changed. Early June, I contacted the Houston RO and got hung up on three times. - C&P exams (2) done in July 2012. - August 2012: eBenefits back and forth’s from "Gathering of Evidence" to "Review of Evidence".Second claim closed: 09/01/2012 - Found 100% P&T. - Received partial retro deposit before I got the brown envelope in the mail. - Packet received about 6 days after eBenefits showed closed. My AB8 and commissary letter showed 100% on 1 September 2012 with an effective date of 1 September 2012 but the retro amouont was in line with an effective date of 1 November 2010. - Partial retro paid: 09/06/2012 (~40% of total) (If you are a "For time" retiree and under CRSC/CRDP, the VA withholds a majority of the retrospective payment to allow DFAS (Defense Finance and Accounting Service) time to do an audit of your pay to make sure you don't owe them or they don't owe you. If you owe them, they get their cut straight out of the retro payment. If they owe you, they pay up and it's reflected in your Retiree Account Statement (RAS) in MyPay. - No contact from anyone, in any way, about anything, concerning the remainder of my retro. I did a lot of digging on the forums here and gleaned some good information, but it was scattered and none of it was consistent.Authorization Review Claim opened: 10/17/2012 - Asked questions here and had several different answers. Still not sure what this type of claim is. - Contacted DFAS on 20 September 2012 and they told me that the retro was under audit, call back for more info in a week or two. Called them back on 3 October and was told the DFAS audit was completed on the 29th. They then BATCH them and send them back to the VA once a month on the 15th. Some say it's the 19th but mine was back at the VA on the 15th of October. - DFAS paid out the CRSC difference in my current retired pay on 10/16/2012. (Too bad the VA can't process payments as fast as DFAS!) Authorization Review Claim closed: 11/16/2012 [*]Retired Pay Adjustment claim opened: 10/17/2012 (**Note: This didn't even show up on eBenefits until the 16th of November, after it was already closed!) - This can have to do with a couple of actions. 1. The DFAS audit and CRSC/CRDP difference (**But that was paid out the day before this claim was opened) or 2. The final retro payment after the audit by DFAS and the review by the VA (Signatures) due to the amount of the retro, which is >$25K. [*]Retired Pay Adjustment claim closed: 11/16/2012 Another thing: My AB8 (Benefit Verification) letter effective date also changed from 1 September 2012 to 1 December 2011, which of course has me curious. Is this the actual date of the most recent payment adjustment to 100%? Or, in other words, the last time COLA was adjusted? Remaining retro received 11/19/2012. Hope this timeline helps reduce someone else’s stress!