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

[Mcafee]

The first answer is yes to your question.I also have submitted outside documentation to become part of the record then they can not refute this documentation it has to be considered i submitted MRI i have spinal injury fused neck 5th and 6th vertebrae and secondly i would send the necessary documentation also along with the IMO so it is in one package make sure they are copies.The reason i say this and certified return receipt so you know they receive them and can not tell you they never received it.the only reason i say this i too am in the process of filing TDIU however my VARO has been less than accommodating in the past so i have to get my DUCKS in a row. I am so sorry for the confusion i may have brought you. and thank you

[spike]

Ok, to answer the original question. (Sometimes reading the whole post redirects me away from the original question).

What makes me wonder is not WHAT TO DO, but WHAT IS triggering a re-eval. My assumption here is the NOD is what created all this re-eval.

With that said, my PERSONAL Advice, without seeing the records would be.....For your back, See an outside Private Practicing "Expert" in the field. Quite possibly a Chiropractor. Get an IMO from him and her, keep a copy but also submit it to the VARO. I would also when going to the Re-Eval provide it to the evaluator.

I really wish that all Veterans had a copy of the Title 38 CFR. When you go to the private "residential expert", provide them with your medical records. When providing an IMO, I personally believe it is instrumental if the IMO can use the "VA Lingo" used in the rating decisions. I.E. More likely than not....Here is an generic example, I found.

Joe Smith, SSN 123-45-6789, DOB 1/1/08 came to me for treatment of the Back. Joe Smith, is a Veteran of the Gulf War on Terror and served in the US Marines during 1/1/08-1/2/08 according to his DD-214 records. Upon further review of Mr. Smith's Medical History and treatment: It is my expert opinion, Jane Smith, Chiropractic Care, 123 Main Street, Veteran, CO, that Joe Smith suffers from Intervertebral Disc Syndrome Based on Incapaciting Episodes with or without symptoms such as pain, stiffness, or aching in the area of the spine L4-L5-L6 with unfavorable ankylosis of the entire thoracolumbar spine. After reviewing Mr. Smith's Service Medical File, it is my professional opinon that it is more likely than not that this injury occured on 3/3/08 where Mr Smith was hit by a HMVEE in 2nd Marine Division exercises at Camp LeJeune, North Carolina.

(If you have the CFR 38 you will see that the lingo used was in reference to pg 395, Diag Codes 5235 to 5243. (The Spine) Rating Evaluation of 50%.

The same applies if you have a mental disability. Let them indicate what you have for a disability, let them be completely honest. But I don't personally believe it hurts to help the IMO person understand that the lingo they use is very important to help the Adjuciators/Rating people to get the proper medical treatment and benefits.

Now, it seems to me your NOD created a "opening SALVO" for them to Re-Evaluate you because you felt they did not rate you correctly. It is my understanding the VA is so far behind and once they decide they USUALLY don't care to re-evaluate or do more work than needed, unless something triggers it. (some document or statement)

Just because you have an evaluation, does not prevent your right to go out on your OWN and get a IMO in your best interest. It is up to you. But I hope what I have indicated here, helps clear up some of your question.

[cowgirl]

Spike, good response, I'll respond, even though I see the post talks to Mcafee as well:

What makes me wonder is not WHAT TO DO, but WHAT IS triggering a re-eval. My assumption here is the NOD is what created all this re-eval. My reval is due to TDIU and mdd sc increase request.

Now, it seems to me your NOD created a "opening SALVO" for them to Re-Evaluate you because you felt they did not rate you correctly. It is my understanding the VA is so far behind and once they decide they USUALLY don't care to re-evaluate or do more work than needed, unless something triggers it. (some document or statement) True, but all sc issues are being examined again and I do have a new IMO for sc issue (non mh). I'm thinking, why not add that to my claim now.

Just because you have an evaluation, does not prevent your right to go out on your OWN and get a IMO in your best interest.

QUESTION:Now the claim is in development and working, is now the correct timeframe to submit a IMO for increase consideration for any current connected sc issues?

cg

Edited March 5, 2008 by cowgirl

[spike]

Is your TDIU based on MDD and PTSD? If so, this MAY not be something to concern yourself with. They MAY be re-evaluating your PTSD/MDD as a determination to make you P&T. With many discussions with several key personnel, the VA does not want to continue to eval you for PTSD and make you re live the PTSD for EVAL purposes. This may be good.

AN IMO in my personal experience can not hurt you especially if the IMO is generating positive evaluation evidence on "your side". I do not believe it will hurt UNLESS the decision is at the RATING BOARD and that causes a "Delay". It is completely up to you.

If your being re-evaluated for things you are currently being sc for I personally would not submit anything new on the basis it may kick the file back and make a delay longer. Again your preference, but you asked me what my experience can give for advice. Again, I am not seeing all your documents, etc...and process your in. So I am taking you at that you are VERY AWARE of everything going on and not leaving something out.

[Mcafee]

Please forgive i did not mean to intrude.

I thought i was helping . and was just giving a different perspective. Sorry

[cowgirl]

Thanks Spike, you have given me some things to consider. My claim for tdiu and mdd increase is in development just now. The ptsd I claimed and was denied for is a longer story and may involve eed/cue. I wasnt thinking p&t, but who knows? Just thought I would ask here and try not to 'overthink' the possiblities or submit a IMO on a current connected sc issue. Notably if the prior sc is not specifically identified as part of the tdiu/mdd claim causing confusion or slowdown in current progress. cg

Is your TDIU based on MDD and PTSD? If so, this MAY not be something to concern yourself with. They MAY be re-evaluating your PTSD/MDD as a determination to make you P&T. With many discussions with several key personnel, the VA does not want to continue to eval you for PTSD and make you re live the PTSD for EVAL purposes. This may be good.

AN IMO in my personal experience can not hurt you especially if the IMO is generating positive evaluation evidence on "your side". I do not believe it will hurt UNLESS the decision is at the RATING BOARD and that causes a "Delay". It is completely up to you.

If your being re-evaluated for things you are currently being sc for I personally would not submit anything new on the basis it may kick the file back and make a delay longer. Again your preference, but you asked me what my experience can give for advice. Again, I am not seeing all your documents, etc...and process your in. So I am taking you at that you are VERY AWARE of everything going on and not leaving something out.