New Qtc's Opened And Don't Know Why

[cannoncocker]

The VA has scheduled 2 QTC's that pretty much cover all my SC Disabilitiesthat the were done by the exact same examiners in just over a year ago. I will go to the W-S VARO Monday to try to figure this out.

Any suggestions? Can they reopen a claim that soon? Can I close those claims?

[LarryJ]

In my opinion if Varo is within a couple hours I would truck down there and find what the heck is going on with your file.If your VSO is putting in claims without you having no knowledge of them what so ever, time to go shopping for a new one.

I dunno 'bout dat. There's lotsa folks that wish that their VSO would put in a claim, any kinda claim, for them...........or at least do SOMETHING other than screw around doing nothing!

......just sayin'

[caubulldog]

I dunno 'bout dat. There's lotsa folks that wish that their VSO would put in a claim, any kinda claim, for them...........or at least do SOMETHING other than screw around doing nothing!

......just sayin'

Not dissing a good one like you,it is just a sad fact that there are so many bad ones out there too.You are a minority Larry!

[Pete53]

Larry goes the extra mile but my advise to people who are new is to use VSO's for guidance and than you can use Hadit and make a decision that is right for you.

[stillhere]

I would recommend to ALL veterans either using a VSO (new or old) to pay attention to their claim and make themselves aware of all the ins and outs dealing with the VA as possible.

Taking papers in to any individual and just saying hear you go is just never a good idea!

It is your life they are going to effect with the outcome.

Always stay informed and get everything in writing!!

[cannoncocker]

I dunno 'bout dat. There's lotsa folks that wish that their VSO would put in a claim, any kinda claim, for them...........or at least do SOMETHING other than screw around doing nothing!

......just sayin'

Careful for what you wish for. The VSO in question simpliy discussed a TDIU Claim. That is of course where all these QTC's originated. My current ratings are less to just over a year old. This was a conversation we were having not a plan so the first thing he does is file for a claim, but once the VA sees that they have you on your back then it is all but impossible to get it removed, the TDIU Claim that is.

Now I have heard 2 versions of this:

1. from my NSO who swore that any findings in these QTC's from the TDIU, which they scheduled a QTC for virtually every SC grant on my claim could not be used for anything other than deny or grant the TDIU.

2. I asked another VSO who told me that the findings could indeed be usesd to changed former ratings.

So do I flip a coin.

They readily removed claims that benefitted them but this one has been tougher but the iris people said they would cancell the QTC's and advise the VARO to close all claims since he clearly was trying to do me harm,

I would like an answer to that question whether the VA could use the findings to change your current ratings. Somebody is putting out incorrect information. If they could use these finds across the board then why would anyone risk themselves like that? I wouldn't atleast.

Edited October 10, 2010 by cannoncocker

[carlie]

2. I asked another VSO who told me that the findings could indeed be usesd to changed former ratings.

They readily removed claims that benefitted them but this one has been tougher but the iris people said they would cancell the QTC's and advise the VARO to close all claims since he clearly was trying to do me harm,

I would like an answer to that question whether the VA could use the findings to change your current ratings. Somebody is putting out incorrect information.

Cannon,

Yes the above is correct.

Let's say one has several SC'd disabilities

and let's say one of the is for Migraines and that is rated at 50 percent.

Now this same person files a claim for some additional disability.

We can even use a claim for IU as an example or claim for a scar from a GSW.

So, a C&P is ordered to find the current level of disability.

The VARO gets the results from the C&P examination and a decision maker

notices the examiner states something like,

"The veteran is currently SC'd for Migraine Headaches but states they no longer

have Migraines and have had not experienced any Migraine Headache over the last

3 years.

Now - from the medical evidence shown in this new examination the decision maker

to my knowledge has the authority to do one of several things.

1) What ever claim this C&P was for the decision maker can state, due to new medical evidence

the current rating for Migraines is reduced to SC'd at zero percent and the vet will continue to

receive treatment at no-charge for the Migraines.

OR

2) The decision maker may do a proposal to reduce the currently granted percentage

of disability compensation for Migraines - which would allow the vet time to put in some

paper-work requesting this not be done until, blah,blah,blah.

3) The decision maker can state the vet is no longer Medically entitled to a rating of

50 percent for Migraine's but due to the veteran holding this rating for a continuous

period of 20 years or more, the VA is precluded from any reduction in this rating

percentage due to 38 CFR XXXX, rules of protection.