Als Claim

[mom24]

Hello,

I posted a question before I believe in wrong place because I didn't get any response. So, I'll post here and try to be brief. I filed claim for ALS on 9/24/08. Had to get a VSO with PVA to get ball rolling for me. He did. I was scheduled for a C&P exam on 2/23/09. The dr who did the exam had me scheduled for an EMG to confirm the diagnosis. I wasn't happy with how exam went and let my VSO know about. On 2/27/09 I received an award letter being rated 60% for ALS for a combined 70% with my knee disability from before. I immediately called my VSO because the rating decision was made on 2/23/09, the day I had my C&P exam, which wasn't even concluded. AFter a couple of days, he got back with me to let me know the rater told him she rated me just so I could start getting some compensation because it would be 20-30 days before she got results from exam back, and when she got the results from C&P exam, she would rate me again. Fast forward to last week. On Tuesday, I emailed my VSO for an update. Didn't hear back from him by Thursday, so I called the 800# and was told my claim was closed with no further action pending unless I appealed. I then left another email for my VSO and and a voice mail message. On monday morning I got email from VSO saying he would pull my file and see what was going on. I then, that same day, went to VAMC to request a copy of C&P exam and was told it wasn't done! The lady at release of information office could only pull off a progress note dated 3/13/09 from the Dr. who did my exam stating that a C&P exam was scheduled by VARO on 2/3/09, but then cancelled before the date I had it which was 2/23/09. Nobody notified me or the VAMC of this since I had my exam as scheduled. The dr's note from 3/13/09 also gave results of EMG. The lady at release of information called down to C&P office to see what was going on. I was able to go down there and actually speak to the Dr. who did my exam. I had my award letter with him and explained to him how I was rated based on medical records from my dr that I submitted and why they were not sufficient for VA rating purposes. I asked him if he still had notes from my claim and he did. He said that after he got results from EMG and went to enter his findings in the computer, the screen for him to enter it wasn't there. HE then saw where the exam had been cancelled citing adequate medical evidence already received as the reason. He read over my notes again and actually examined me again. We talked some more and then he called the rater while I was in his office and let her know that he still had his notes from my C&P exam and he could type them up if they would be of some use to her. He told her that medical records I submitted from my dr. contained more diagnostic information about my condition than functional. I know the exam would have either brought me to 100% or the claim I filed for IU at same time I submitted back in Sept would have been approved based on his notes. Rater had also denied my claim for IU because I homeschool my children. Now, on Friday, I also submitted a IRIS inquiry and they answered me on Monday to say that they reviewed my file but needed clarification from the Regional Office before they could give me a status. I was able to update them with the information I got from the Dr. who did my exam on Monday. So, now it is Wednesday, and I still have not heard back from my VSO and still waiting to hear back from IRIS inquiry. Right now, I'm just giving my VSO and IRIS time to respond before I do anything else like a Congressional Inquiry or something. Any advice?

[mom24]

Did you formally apply for TDIU with the VA form 21-8940?

If the SSA is solely for the same VA SC condition, they must consider it and award TDIU.

Make sure you send them an authorization form (they should send one to you but these forms are at the VA web site- to get the SSA records.

The doctor's statement you have should help considerably too-

did you get copy of the actual C & P results?

They parse and manipulate these C & P reports in the SOCs.

And they can leave out critical info the doctor stated in the actual report.

Berta,

Yes, I formally applied with the form, and ssa is solely for als, nothing else. I did get a copy of the C&P. That's how I know what they left out. Also in the SOC, they totally lied about why they cancelled the c&p exam that I had. Well, I should say, they twisted the facts and timetables on when info was received. I was tallking to my aunt, who is also a veterans in SC and she was telling me that the regional office here is notorious for this kind of thing along with the dr. who performed my c&p exam. Will it take longer if I ask them to reconsider or if I just file a new claim? As long as I do it before september 23 (or is 24th) it will be retro back to 9/23/08.

[mom24]

SSDI was approved! I got a call from my caseworker today. I posted about it on the success board. Now, I'll just wait for the letter and letter from my dr., and hopefully I'll be good to go for TDIU.

[Berta]

Great!!! Let the VA know right away about this SSA award.

I sure would ask them to reconsider the decision based on this SSA evidence!

Since the SSA award is recent I also wonder if the SSA office that has your files could give you copies of their medical determination to send to VA.

It could make it go faster then waiting for them to get those SSA records.

I only hope that they could reconsider in a reasonable period of time-as the Recon request does not stop the NOD clock.