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Second C & P?

rymehaky

Asked by rymehaky,

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rymehaky Newbie

rymehaky

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I'm confused. When I was discharged and put on TDRL 4? years ago my VA claim was finished w/in a few months. 90% bumped up to 100 because of unemployability. In Feb I went back to San Diego for another PEB and they finalized my medical retirement. Obviously not getting better. Now I got a letter informing me of a C & P exam? I thought when I got my rating from the VA that it was finished. Or am I just being naive? Nothing is easy w/ any government agency, is it. So, is this a formality, are they searching for something, is this standard procedure? Should I be worried? If so, how do I prepare?

Thanks!

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cowgirl Grand Master

cowgirl

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Hello, noticed your inquiry and howdy. I am unfamiliar with the PEB and medical retirement ways, but I am aware that c&p exams are in response to 'something'. Did you apply for a claim to the VA along with your {EB,medical retirement? Could be your 100% is being reviewed for possible p&t. You say they 'bumped' you up, doesn't mean the %'s were specifically attached to a rated condition. May want to reread that earlier claim and/or get a copy of your Cfile to review all together. You can always ask them why the c&p, I do for mine.

Maybe someone else here can help you as well,

Best to ya, Cg'up2009!

I'm confused. When I was discharged and put on TDRL 4? years ago my VA claim was finished w/in a few months. 90% bumped up to 100 because of unemployability. In Feb I went back to San Diego for another PEB and they finalized my medical retirement. Obviously not getting better. Now I got a letter informing me of a C & P exam? I thought when I got my rating from the VA that it was finished. Or am I just being naive? Nothing is easy w/ any government agency, is it. So, is this a formality, are they searching for something, is this standard procedure? Should I be worried? If so, how do I prepare?

Thanks!

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12R3G Collaborator

12R3G

Posted
Posted

Nothing is permanent with the VA

If you are scheduled for a C&P, you have to go; otherwise the RO can use that as justification to reduce your award.

Unless you have had your award for >20 years, it's not protected (lots of info on hadit regarding rating protection). I'm betting that if you check your original award, you'll find a statement in the decision that states your condition may improve and you are subject to reevaluation. Since you were on the TDRL precisely because your condition could improve, I doubt the VA would have considered your disability rating as P&T.

It's all speculation...I'd call and ask "why?".

Best prep is this site, and a through review of the clinicians guide, 38 CFR, M21-1--all are available on the VA's website.

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sf_ranger Explorer

sf_ranger

Posted
Posted
I'm confused. When I was discharged and put on TDRL 4? years ago my VA claim was finished w/in a few months. 90% bumped up to 100 because of unemployability. In Feb I went back to San Diego for another PEB and they finalized my medical retirement. Obviously not getting better. Now I got a letter informing me of a C & P exam? I thought when I got my rating from the VA that it was finished. Or am I just being naive? Nothing is easy w/ any government agency, is it. So, is this a formality, are they searching for something, is this standard procedure? Should I be worried? If so, how do I prepare?

Thanks!

TDRL may tell the story. Your military retirement is considered temporary due to injuries you sustained. (that is just what I believe and unsure of your full case)

90% is temporary. 100% can be temporary also. If you achieve 100% Permanent+Total then further exams are not necessary and a letter stating that fact will come to your residence.. If you are 90% and receive 100% pay scale then you still are considered 90% and further evaluations (usually yearly) will be necessary. A second C+P kinda makes me feel that someone produced a letter of dispute (possibly a Veterans Service Officer) and that will generate another C+P......

If your disability is physical and it has gotten worse then chances you could get a increase as long as you are not "capable" or "able" to work.. The 2nd C+P will probably be key in your case so don't leave anything to chance....Tell them (the reviewer) everything and let them know how your hurt and if you cannot perform regular daily funtions of a regular person then you MUST inform them and maybe give them examples.... Good luck and God Bless our Troops and Veterans

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