ptsd White Envelope From Va

[Shark]

I had requested TDIU in July of last year and was denied in October. I filed a NOD in November and today I received the letter which stated:

We are continuing to work on your appeal for entitlement to individual unemployability (IU).

Your claim for IU is also considered to be a claim for increased evaluations of all service connected disabilities which include:

PTSD w/depression

DM2 w/ foot ulcers

PN w/foot ulcers (2 arms and 2 legs)

Peripheral vascular disease (both feet)

I am 80% overall with PTSD being 50%

In a separate envelope was a notice for a C&P exam.

Is this normal? I thought they would just look at the evidence I had submitted in relation to the PTSD.

[Josephine]

Shark,

Does the letter state what kind of C&P? Is it for the PTSD.

I am not sure of what the normal is, but I did have to go for another mental examination for the award of TDIU and

from there it went to 100% Schedular.

Always,

Betty

[sixthscents]

Yeah,

Most often I have seen and myself went thru additional C&P's when asking for additional benefits, but this is under your initial claim.. right? By this I mean was your claim in July an initial claim, or a later claim for increased disability? In either case since you filed the NOD, they can and do request additional C&P exams... normally scheduling them for Saturday or Friday at some ridiculous hour. I advise you to go to any and all C&P's they schedule. Be there, on time and without any reason for them to say you weren't. I've had them at 5:30 am and 8pm - on a Friday night or Saturday morning.

Personally I believe this to be another delaying tactic of the VA. Yet you have to go, and they can (within reason) ask for additional C&P's. Especially since this looks like it's a later request for increase. It may not but thats what I see by the VA's statement. If not their statement is incorrect in that you are not seeking TDIU for a worsening, but from the initial. This could impact any claim date, so I would make sure they understood this was a continuation of an INITIAL claim if it is.

[sixthscents]

Oh,

and what was the VA's reason for denying your TDIU initially. Did they perform C&P's at that time? Because why did they suddenly change their minds after denying it seemingly out-of-hand at first. I'm not saying you were wrong, just that the VA intentionally seems to dely TDIU claims... and I am sick to my soul over it.

[Pete53]

May be your last C&P's are to old for them to use any more.

Hang in and take the C&P you should hear in a short time after you do it.

Good Luck

[Shark]

May be your last C&P's are to old for them to use any more.

Hang in and take the C&P you should hear in a short time after you do it.

Good Luck

My last C&P's were in early 2008 for all conditions. The TDIU was a request on the initial claim. That is why I was surprised by the content of the letter and the C&P. I wasn't asking for an increase in rating, just for TDIU. They refused it for the normal reason, that being that I could do some kind of work. I fully intend to go to the C&P, it wouldn't hurt my feelings if they increased me to 100% P&T!

[Josephine]

Shark,

I was told the VA wanted a more up to date C&P.

They stated after 12 months the examination was not up to date to use.

Of course that can mean anything, for I had a Mental C&P October 2004 and

then they turned around and gave me another one 6 months later for same,

April 2005.

The only difference the first one was a " More than Likely" Decision.

The second one was a " Personality Disorder".

Denied by the R.O went to the BVA and remanded to the AMC and denied

and back to the BVA Judge and granted benefits.

Between the denial of the AMC and back to the BVA Judge I went for

the Indendent Medical Opinion by the Forsenic Psychiatrist to state

there was no basis for the " Personality Discharge".

This Psychiatrist faxed his IME directly to the BVA Judge.

Service connection was granted by the Judge and then back to the R.O

Low-balled starting 10% 1992- 1997 ; 50% 1997- 2004; 70% 2005 -

2008.

C&P with TDIU from 2005- 2008; 2008 to Future 100% schedular.

Betty

Edited August 23, 2009 by Josephine (see edit history)

[cowgirl]

Sure makes me wonder just how long a C&p exam is good for before it expires? Must be in the books somewhere. Very interesting.

[yoggie2]

Sure makes me wonder just how long a C&p exam is good for before it expires? Must be in the books somewhere. Very interesting.

1 year---- I just went through this at my DRO Hearing back in JAN09..The VA had to have there own to, I had another done by a fee basis VA appointed care giver by the RO wanted one up to date from the VA hospital..Yog