tdiu Dro Hearing, Residuals Granted, C&p Ordered...

[Jayg]

Things are finally moving and it only took 4 years to get the ball rolling... B)

To recap... Had a DRO hearing March 17. He said he was granting residuals but had to order a C&P to determine degree of disability. On those numbers hinge my TDIU. (I'm at 40% now but 10% is from tinnitus, not part of the common etiology).

DRO said he'd order the C&P soonest... unfortunately, the powers that be said there had to be a duty to assist letter first. The hospital said they could expedite scheduling on there end with a financial hardship flag but it hag to come from VARO. Got VARO the letter and was able to get the Vet rep to sign off the duty to assist etter before they actually even mailed it. Got him to double check and confirm the financial flag. BE the squeaky wheel...

got the transcript just last week.

Annnnyyyway, C&P is scheduled, 22 April... less than a month from DRO hearing. Man! That's fast enough to cause a nose bleed. B)

Now. I have so much riding on that C&P that I'm scared spitless. :( :o Lessee, I did say "spitless and not s...

And the head of that C&P department is an SOB of majestic proportions.

My head, annddd gut, are spinning.

Edited April 10, 2009 by Jayg

[Pete53]

Good News and Good Luck

[Rockhound]

Have you checked the schedule for your problem to see where your symptoms lie. Also have you looked at the C&P work sheet to gage what the exam will be like or to refresh your memory.

Good Luck! I go in on the 27 of april for a CT scan to check and see if all my kidney stones have passed, Ouch! LoL

Rockhound Rider B)

[Jayg]

Have you checked the schedule for your problem to see where your symptoms lie. Also have you looked at the C&P work sheet to gage what the exam will be like or to refresh your memory.

Good Luck! I go in on the 27 of april for a CT scan to check and see if all my kidney stones have passed, Ouch! LoL

Rockhound Rider B)

That's a great idea. I was wondering about something like that but the thought was only vague and without form... Got a handy direction, source, link, where I can look those up?

Good luck with your problem too!

[EDIT] I think I found it... Is this what I'm looking for???

http://www1.va.gov/vhapublications/ViewPub...asp?pub_ID=1400

Edited April 10, 2009 by Jayg

[Berta]

Jay-I think this whole C & P BS crap has got to change-

of course I dont mean those of you who get a C & P that is favorable because they actually did it right-

"I have so much riding on that C&P that I'm scared spitless"

I dont think even the H VAC disability committees have any idea of how important getting a proper C & P is.

This is what can completely control a vet's future as well as their dependent's benefits.

We need VA to bring doctors with expertise back into the C & P criteria-that slipped away without adequate protests from vets.

This way a real MD who signs a C & P has an ethical obligation to do it right.

(that's wishful thinking-I just remembered-

I had to knock down VA's real doctors as well as their non doctor examiners)

I think a lousy C & P borders on malpractice.

I am going to take the most dramatic stand I can on this and try to get the H VAC to realize that this is another VA practice that has cost fully deserving vets their proper compensation.

The actual C & P report must be attached to the SOC-

it is the least VA should do-many many vets have no idea they can get it under FOIA-and why should any vet have to use FOIA to get what the VA judges them on.

I actually wish we could file our VA claims in a Civil court.

The Rules of Civil Procedure would forever alter the way VA does business.

We have less legal rights than incarcerated felons.

[carlie]

Jay,

Look up your disability here to see what your percentage should be

for the medical evidence you have.

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

Just click on the link that says Schedule for rating -- whatever your condition.

[Jayg]

Jay,

Look up your disability here to see what your percentage should be

for the medical evidence you have.

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

Just click on the link that says Schedule for rating -- whatever your condition.

Thanks! My main concern is that my rating is going to be based on their comments--- and what I say in response to their queries. I want to have some idea of what they'll ask so I have an appropriate response. I am NOT talking about lying. I don't have to lie about my condition. I just don't want to give them something to run with.

Then there's the big one, IU.

"Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident,"

resulting from common etiology or a single accident... That would be the s/c ankle.

So I'm being examined for "residuals of ankle injury." claimed: right ankle, both knees, R-hip and lower spine.

In all that, both knees are far and away the worst. Speaking bilaterally, would both knees be ratable as "one"? They are most likely, and rightfully should, be ratable up to 40+%. For that matter, with the R ankle granted, that would make the ankles bilateral too.

Anyway, this is what I'm looking at.

By the way, the grant allowed the residuals are granted due to "sever debilitating arthritis."