Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Why Is The Va Scheduling C&p For Increases Of Sc %

Rate this question


oldman273

Question

Hey I have been to 3 C&P exams this week but not one of them are related to my current claims? It is hard to belive the VA would do anything to help me get the last 10% needed for 100%. My claim for A/A is going to bee moot until I get an answer on the current appeal for TDIU I just sent in my 3rd letter from my surgeon concerning my SC lumbar fusion. I have had an C&P exam for SC hypertension, Hearing Exam, and next week Nuerological exam for SC migraines. I am on oxyegen theraphy right now which has helped my trips to the ER but so far I have ran out of oxyegen twice and had to get the number of cylinders increased twice but I am glad that the oxyegen helps ease the migraines off but they still but me to bed for a day or two. Those things scare the hell out of me everytime I think here it goes I am bleeding out. the oxyegen has helped keeping some of them from going full balst since it does help but the migraines are SC to my hypertension which has been up here lately with my back pain was noted by the C&P examineir stated that a probable cause was increased pain level of my back.

I had hoped that my appointment with the civilian Surgeon would be before they finnish with my claims. My next appoinment is not till the middle of April I have a scheduled MRI with him but when you wan the VA to move with speed it drags when you do not want them to move fast they will fly a claim through. I think my fusion has changed since the operation in may I am reduced to being back on the walker again more and more with constant pain and back spasams that are now as bad as they were before the surgery. I had heard from others on the board that with fusions it is a hit or miss type procedure. I had high hopes since the operation was more than I thought it would be. Any Idea why they are checking my current medical claims? Itmakes me nervous my blodd pressure was 168/130 after 3 readings in each arm. I am so stressed out I also have a claim in for mood disorder listed as depression and they also listed P&T in the claims they are working on but I have not asked for a claim I hope they are seing the whole picture of all my problems any rational person should see with all my issues I am unemployable as the Surgeon has stated before during my recovery and now in writing after 3 failed surgeries. My back and blood pressure seems to be interwined but I am not a doctor I just happen to have both problems hypertension and a injured back while in USMC. Adios and have a good night.

Edited by oldman273
Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

  • HadIt.com Elder

oldman273 - anytime you file another claim, or file for an increase in an existing claim, the VA has the right to review existing awards. This also can happen when you move and/or change VARO's. It sounds, to me, like they're trying to find a way to award you 100%, or TDIU. jmo

pr

Hey I have been to 3 C&P exams this week but not one of them are related to my current claims? It is hard to belive the VA would do anything to help me get the last 10% needed for 100%. My claim for A/A is going to bee moot until I get an answer on the current appeal for TDIU I just sent in my 3rd letter from my surgeon concerning my SC lumbar fusion. I have had an C&P exam for SC hypertension, Hearing Exam, and next week Nuerological exam for SC migraines. I am on oxyegen theraphy right now which has helped my trips to the ER but so far I have ran out of oxyegen twice and had to get the number of cylinders increased twice but I am glad that the oxyegen helps ease the migraines off but they still but me to bed for a day or two. Those things scare the hell out of me everytime I think here it goes I am bleeding out. the oxyegen has helped keeping some of them from going full balst since it does help but the migraines are SC to my hypertension which has been up here lately with my back pain was noted by the C&P examineir stated that a probable cause was increased pain level of my back.

I had hoped that my appointment with the civilian Surgeon would be before they finnish with my claims. My next appoinment is not till the middle of April I have a scheduled MRI with him but when you wan the VA to move with speed it drags when you do not want them to move fast they will fly a claim through. I think my fusion has changed since the operation in may I am reduced to being back on the walker again more and more with constant pain and back spasams that are now as bad as they were before the surgery. I had heard from others on the board that with fusions it is a hit or miss type procedure. I had high hopes since the operation was more than I thought it would be. Any Idea why they are checking my current medical claims? Itmakes me nervous my blodd pressure was 168/130 after 3 readings in each arm. I am so stressed out I also have a claim in for mood disorder listed as depression and they also listed P&T in the claims they are working on but I have not asked for a claim I hope they are seing the whole picture of all my problems any rational person should see with all my issues I am unemployable as the Surgeon has stated before during my recovery and now in writing after 3 failed surgeries. My back and blood pressure seems to be interwined but I am not a doctor I just happen to have both problems hypertension and a injured back while in USMC. Adios and have a good night.

Link to comment
Share on other sites

A claim for A&A is a claim for increase in all SC'd conditions. This is undertaken whether or not you are already reviewing the maximum rating for those conditions.

A&A will be awarded on a factual basis or via 100+60 or under Bradley v. Peake (2008), and it requires all conditions relative to a finding of A&A be service connected. By what you've posted you have an excellent chance. If not already done have your doc complete a VAF 21-2680.

Your appeal for TDIU may or may not hold up the claims depending on the overall assigned evaluation following app appropriate C&P examinations. Remembers issues which you have not claimed as secondary will need to be specifically cited in order for VA to take jurisdiction on those issues and consider them service connected.

Edited by rakkwarrior

Ne Desit Virtus-Let Valor Not Fail

"These fallen we verify, these fallen we venerate, until at last we form again".

Link to comment
Share on other sites

A claim for A&A is a claim for increase in all SC'd conditions. This is undertaken whether or not you are already reviewing the maximum rating for those conditions.

A&A will be awarded on a factual basis or via 100+60 or under Bradley v. Peake (2008), and it requires all conditions relative to a finding of A&A be service connected. By what you've posted you have an excellent chance. If not already done have your doc complete a VAF 21-2680.

Your appeal for TDIU may or may not hold up the claims depending on the overall assigned evaluation following app appropriate C&P examinations. Remembers issues which you have not claimed as secondary will need to be specifically cited in order for VA to take jurisdiction on those issues and consider them service connected.

Thanks so far I have been reading my C/P reports after all of these ratings and it is across the board the same. The A/A would help me but getting it I am not sure. I myself think I should have been putting in for this right after my surgery. Thanks for those replies I appriciate it. I had my Surgeon do the paperwork for the A/A and I had my wife file her statement in support also. The VA Rep who took my paperwork told me the Surgeons form for A/A should be all that is needed. Thanks again

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use