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Currently I.u./filed For I.u/permanency

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mountainlion2005

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I had a scheduled exam in Jan 2005, at which time I was rated at 60%. After exam, my rating stayed the same, since my condition did not and had not improved. Shortly thereafter, late February, We (me and NSO) filed for I.U., which was granted, effective March 1, 2005, due to me retiring from my job due to my s/c disablility. Future exam was scheduled for 2 years later, in March 2007. 6 months later, in September 2005, I, on my own behalf, filed a request for permanency. In late October I had my exam. My condition has not improved from my previous exam of Jan 2005 and which I have the medical documentation to justify it. My condition has required just as much medical intervention, medicine, and visits to the doctor in the past 11 months as it has had during the past several years on a yearly basis. During my C & P exam, the doctor asked what the nature of my exam was, at which time I explained that I requested permanency with regards to my I.U. He asked me "what is I.U"? (I guess that could be a good thing that he doesn't know what I.U. is, but none the less, I did explain). He also asked, "why are we doing an exam now, since you had one ten months ago"? I just said "the regional office must have requested it".

My questions are, If the VA says "hey, we had an exam scheduled in 2 years, and we are going to stick to that (March 07)" how would that language read in an award letter?

What is the most likey outcome of this claim?

If my claim for permanency is denied ( I don't see a reduction due to me meeting the disability requirements as set forth in 38 CFR), what would the appeals process be? (request a reconsideration or something?)

Since it has been almost a year since my last exam, I feel confident that I will be award the permanency. I really could use the benefits for my family.

Thanks to everyone for your help and guidance.

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  • HadIt.com Elder

I got TDIU and asked for P&T. One year later it was granted since I had not improved over that period. I think you did the right thing by asking for P&T. You will probably get it and then you won't be scheduled for more exams. If you need to get an independent medical opinion to back it up get it. It can't hurt.

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