tdiu Va Orders More C&p's

[captain soggy]

I made a claim for IHD due to AO and that was all I claimed. I wanted to keep it simple and after being rated for this single claim I would consider applying for my other problems. Well it is not working out that way. First I get call from the VA they noticed in my medical records that my back problem, which I have been rated at 40% for the last 17 years,appears to have worsened and they want to know if I would like to file for an increase in my rating. So I did. Then I get a call asking if I wanted to apply for TDIU. So I did. Then I get a call for QTC tell me I have a C&P exam for hearing loss. I do wear hearing aids I get from the VA . I remember making a claim for hearing loss some 24 years ago and was denied. I never recently ask for a claim for my hearing loss. Today I get a call and QTC has scheduled two more C&P exams for my Asthma claim I also made 24 years ago. Seem like anything I made a claim for 24 years ago they are reopening them. So much for keeping it simple. Do you thank this will hold up my rating for IHD? Is this normal SOP for the VA to do?

[mortarman]

Keep all your c&p exams,by all means.Mortarman

[Berta]

"Do you thank this will hold up my rating for IHD?" Hard to say-

"Is this normal SOP for the VA to do?"

No- but this is what they should have been doing for years-in my opinion -when they see a potential reason to increase a % and the comp regardless of what the actual claim was for.

The IHD claim is probably being handed separately from any other claims but if this puts you into a TDIU rating- any hold up might be well worth the wait-

I think you are getting a good deal from this VARO-someone is on the ball there.

[john999]

Soggy

The VA seems to be finally doing what they are supposed to do which is to infer these disabilites when they have evidence instead of playing dumb and making the vet figure it out by themselves. Go to those exams come hell or high water. If they approve these claims good and if they don't appeal.

[Chuck75]

Remember that QTC gets paid for C&P exams. This can work in a veteran's favor, in that QTC (at least in theory) has more of an obligation to follow the law than the VA does.

It's really hard to sue a government employee for actions that are considered part of the position. A private company and citizen under contract does not have the same level of protection. (I should know, after having worked under DOD technical contracts for decades.)

The VA often follows the Ostrich model, and gets away with it, unless or until the appeals process catches the goof, and orders additional tests.

I made a claim for IHD due to AO and that was all I claimed. I wanted to keep it simple and after being rated for this single claim I would consider applying for my other problems. Well it is not working out that way. First I get call from the VA they noticed in my medical records that my back problem, which I have been rated at 40% for the last 17 years,appears to have worsened and they want to know if I would like to file for an increase in my rating. So I did. Then I get a call asking if I wanted to apply for TDIU. So I did. Then I get a call for QTC tell me I have a C&P exam for hearing loss. I do wear hearing aids I get from the VA . I remember making a claim for hearing loss some 24 years ago and was denied. I never recently ask for a claim for my hearing loss. Today I get a call and QTC has scheduled two more C&P exams for my Asthma claim I also made 24 years ago. Seem like anything I made a claim for 24 years ago they are reopening them. So much for keeping it simple. Do you thank this will hold up my rating for IHD? Is this normal SOP for the VA to do?

Edited November 26, 2010 by Chuck75

[Papa]

Chuck, My contracting experience was also with the Govt., but Aerospace Contracts. Whenever, we had a prime contract with say Boeing, and they subcontracted with someone to say do inspections, well if the subcontractor screwed up, I did not go after them, I went after the prime contractor. So, if QTC screws up, they are a subcontractor to the VA, and the VA are the people we should go visit. The VA has a contract with the Veteran; the Veteran does not have one with QTC. If, this makes any sense.

Papa

[Bill (USAF Retired)]

I made a claim for IHD due to AO and that was all I claimed. I wanted to keep it simple and after being rated for this single claim I would consider applying for my other problems. Well it is not working out that way. First I get call from the VA they noticed in my medical records that my back problem, which I have been rated at 40% for the last 17 years,appears to have worsened and they want to know if I would like to file for an increase in my rating. So I did. Then I get a call asking if I wanted to apply for TDIU. So I did. Then I get a call for QTC tell me I have a C&P exam for hearing loss. I do wear hearing aids I get from the VA . I remember making a claim for hearing loss some 24 years ago and was denied. I never recently ask for a claim for my hearing loss. Today I get a call and QTC has scheduled two more C&P exams for my Asthma claim I also made 24 years ago. Seem like anything I made a claim for 24 years ago they are reopening them. So much for keeping it simple. Do you thank this will hold up my rating for IHD? Is this normal SOP for the VA to do?

I applied for TDIU and had the same thing happen, a bunch of C&Ps got scheduled for long-settled and rated disabilities. I sought clarification from VA in correspondence and (gasp) the VA Tiger Team in Cleveland responded. Here's the relevant quote, word for word:

"This letter is an addendum to our previous letter to you dated (XXX), and is being sent regarding your claim for individual unemployability. Due to a regulatory change, claims for unemployability are considered to be claims for increase in all service-connected disabilities except for those rated at the schedular maximum. We have accordingly provided the necessary language for increase claims for all of your service-connected disabilities except for (XXX), which is at the schedular maximum."

For what it's worth, it appears to be the new SOP. Best of luck to you,

Bill