tdiu Advice For Sc Re-evals? Tdiu?

[cowgirl]

My update so far, tdiu&sc mdd % increase nod is in development, The rating office guy, nice voice, has my job addresses and issues c&p exam rechecks for my prior sc items (less *mh). So, I'm guessing exam worksheets will be used and the appointment may be short.

Any advice on what more to expect for the recheck? My thoughts, sc issues are satus quo or worse. Thanks all, cg

(*mh, my guess, no recheck I see 2VA psychs, have current new diagnosis.)

Edited February 23, 2008 by cowgirl

[cowgirl]

Okay, I thought I had the idea of inferred claims and inferred issues. Did I miss something, thought if I mentioned that I am going to file for a issue to sc while in a VA medical office that should be a inferred claim. (thinking that issues are part of the 'claim' that I have against the VA for incurred service connected disability or VA related care.)thanks. cg

cg....the VA can pick up on inferred claims during a C&P, but it is as doubtful as the VA rarely ever picks up on inferred issues. Don't forget, they can also take away your percentage after a minimum of two of these "re-evaluations." That is how they lowered my back to 0%. Don't forget to speak to the examiner in terms of your worst day. I would also load all med bottles into a bag and take them into the exam. Dump them on the desk when he asks what kind of meds you're taking....good effect.

[pat100]

cg...I went in for a nod c&p exam for my knee rated at 10%. Had three knee surgeries while AD with the last one a complete knee reconstruction with hardware holding my knee together. Anyway when I get the decision my knee was still rated at 10% however they gave 10% for my feet which I never put in for nor was my feet mentioned during my exam. I just figured that they thought that the 10% for my feet would make me happy and they would not have to pay all the back pay on the knee. I sent in another nod and finally they awarded me 30% for the knee which with my other %'s gave me enough for iu. This was over 10 yrs ago but if the dr see something then he should note it and they should give it to you, but you know how they are now. It seems like the examiners get a big kick out of messing with you. Like you I have had good exams and bad ones. Just keep the faith and before you leave the Hospital or clinic sign a roi request so you will have a copy about the same time that the ro has it.

I'm sure you will do great.

[rentalguy1]

The C&P physician's have nothing to do with inferred claims. All they are allowed to do is the exam that the rating activity has requested. They cannot even give a medical opinion unless it is specifically requested by the VARO. Inferred claims are picked up on usually by the pre-determination team as they exam a vet's medical evidence. I feel that a major reason most inferred claims are missed is due to M21-1MR stating that a inferred claim is not to be brought to the forefront for the purpose of denying it. Since the pre-det teama doesn't know exactly what the rating team will do with it, they leave it alone. Long story short, if you think you qualify for a benefit, file a claim for it.

[cowgirl]

Thanks for the advice once again, rental and all. So far so good. I will have two 'IMO's for mh. My claim is in for tdiu & mdd increase. On my nonspecific Vcaa letter I checked the block saying I have more information. I am submitting the second mh imo.

With the tdiu, all my sc issues are being reexamined. This is the interesting part. I do have a current IMO that also supports one of my current sc issues.

My question, since I also have a IMO for a current sc issue, do I just go ahead and submit it for my claim since I am being reexamined? or wait to see my current claim outcome, then ...?

I want to be practical and not mess with the difficult efforts I've been through lately. cg

...the VA can pick up on inferred claims during a C&P, but it is as doubtful as the VA rarely ever picks up on inferred issues. Don't forget, they can also take away your percentage after a minimum of two of these "re-evaluations." That is how they lowered my back to 0%.

Edited March 5, 2008 by cowgirl

[Mcafee]

Question for TDIU.Is it necessary to submit or supply all the documentation for the claim even though the VARO should have all of it, even if it comes from VA or C+P exams ? And Secondly to submit outside IMO and make apart of your record? so they can not contest there was not enough information. does this make sense?

[cowgirl]

I am not sure if your question is a response to my question? I would not assume the VARO has all the documentation, ever and yes, I believe the claimant is responsible to ensure the documents get to the rating agency. I would also not assume the VARO would specficially state all the documents they recieved from me, or outside sources or even use them to make a decision with.

I have a current IMO that pertains to my current claim and is being submitted.

On a sc issue that I have had for years, I just happen to have a IMO that would most likely support an increase. I would not want to simply submit it to my Cfile record without requesting action on it.

Hence my question, "if an IMO is submitted for the sc issue thats under reexamination, would it be considered for an increase or just muddy the waters to the raters?" cg

Question for TDIU.Is it necessary to submit or supply all the documentation for the claim even though the VARO should have all of it, even if it comes from VA or C+P exams ? And Secondly to submit outside IMO and make apart of your record? so they can not contest there was not enough information. does this make sense?