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I Did Not Claim Tdiu But They Say I Did

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Stu Pidasso

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I started my new claim September 14 2010. I had all my C&P exams completed as of March 21st 2011. My claim has been waiting to be rated by the Winston Salem Regional Office since the 28th of March2011. Since then my house has been in foreclosure and I have recieved numerous letters saying it will be auctioned. My car was repossesed. I requested to expedite my claim due to financial hardship. I sent in copies of my foreclosure notices and a statement of why I feel I deserve to have my claim expedited. 3 days after I faxed in the afore mentioned information I got an envelope in the mail with a vcaa and an explanation of what the VA has recieved and what they are requesting. Evidently they want to have me do another exam because of a claim of Individual Unemployability. I did not request this and do not know why it is on there. I want to know if I send in the VCAA and say that I have nothing more to add for evidence and do not want them to wait 30 days, will they go ahead and rate my claim for will I have to wait for the next exam? I had a request for IU sent with the other information and VCAA in this envelope. I am thinking I will just send in the VCAA and a statement saying that I do not want to claim IU and I would appreciate if they would just rate my claim based on the information given to them at this time.

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Now that you mention it, how exactly do I get a copy of the QTC exam?

I got copies of my C&P exams when VA did them and posted 2 of them on here

I have to apologize Stu, I was thinking your C&P was done at the VAMC, but I noticed it mentioned QTC.

What I understand is, you probably won't be able to get your copy until the claim is rated. Now I could be totally wrong, but I'm perty sure thats what I been hearing.

Coot

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Stu,

Check your PM section.

Also, here's are some regs that pertain to this thread, just to be sure people are fully aware of the

VA's viewpoint and law on the claimants failure to report for an examination that has been scheduled for purposes

of claims adjudication.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e59b588dd567fd6ecfa60f211baa4316&rgn=div8&view=text&node=38:1.0.1.1.4.2.73.206&idno=38

§ 3.655 Failure to report for Department of Veterans Affairs examination.

(a) General. When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination, or reexamination, action shall be taken in accordance with paragraph (b) or © of this section as appropriate. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, death of an immediate family member, etc. For purposes of this section, the terms examination and reexamination include periods of hospital observation when required by VA.

(b) Original or reopened claim, or claim for increase. When a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. When the examination was scheduled in conjunction with any other original claim, a reopened claim for a benefit which was previously disallowed, or a claim for increase, the claim shall be denied.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=e59b588dd567fd6ecfa60f211baa4316&rgn=div8&view=text&node=38:1.0.1.1.4.1.60.69&idno=38

§ 3.160 Status of claims.

The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.

(a) Informal claim. See §3.155.

(b) Original claim. An initial formal application on a form prescribed by the Secretary. (See §§3.151, 3.152).

© Pending claim. An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. (See §§20.1103 and 20.1104 of this chapter.)

(e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim, or any application based on additional evidence or a request for a personal hearing submitted more than 90 days following notification to the appellant of the certification of an appeal and transfer of applicable records to the Board of Veterans Appeals which was not considered by the Board in its decision and was referred to the agency of original jurisdiction for consideration as provided in §20.1304(b)(1) of this chapter.

(Authority: 38 U.S.C. 501)

(f) Claim for increase. Any application for an increase in rate of a benefit being paid under a current award, or for resumption of payments previously discontinued.

[27 FR 11887, Dec. 1, 1962, as amended at 31 FR 12056, Sept. 15, 1966; 55 FR 20148, May 15, 1990; 58 FR 32445, June 10, 1993]

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Stu,

I re-read thru your prior posts and noticed that you have requested that the VA

provide an increase for your SC'd Tinnitus.

You are already receiving 10 % for Tinnitus and that is the max for Tinnitus.

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Stu,

I re-read thru your prior posts and noticed that you have requested that the VA

provide an increase for your SC'd Tinnitus.

You are already receiving 10 % for Tinnitus and that is the max for Tinnitus.

The tinitus was put on their by the patient advocate at the OIF/OEF office he said he included it because of my hearing loss. I was wondering about that myself. I actually did report to my C&P exam the thing is two of them were scheduled at the same time. I ended up getting to the other location within the hour I was supposed to be there. I called QTC immediatley and told them what was going on and they said it was fine that due to the location of my exam this sittuation is quite common. It is not like I did not show up at all. I also hitchhiked to get there. I did my very very best, but I cannot be in two places at once. I know how serious it is to report to exams, I remember when I did my first 4 C&P exams for this claim that it was stressed I be there on time. I would also like to note that I called QTC and not only explained my sittuation, but I had another appointment time for them ready to go. They told me on the phone that it was no problem at all and that everything would be fine. I do not think that what I said was completely listened too or understood when I explained this earlier. I suppose someone would have to be there to understand it.

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Well just when you think that things are alread interesting they get more so. Today I just got a letter in the mail saying that I have yet another exam scheduled by QTC at the exact same clinic as before. This exam is examining all of the exact same things as the last one did. There has been no explanation for any of this by the VA and I can honestly see no reason to do all of this over. As a matter of fact QTC has not even had enough time to get my examination report to my regional office. I am really blown away right now. I have been to talk to my county's American Legion VSO. He does not call me back and acts like there is nothing he can do when I call. I suggested last week that perhaps he could call the AL office located in the same building as my VARO. He said that he guessed he could give it a try. He never mentioned any of this to me and when I call he acts like he does not remember my sittuation. I called him 3 times last week and spoke with him. One time to get him to inquire another time to get information and then the next nobody was there. I really at this point am about to just forget the whole damn thing. I am homeless hungry tired and really about ready to make someone else hurt as much as I do.

Edited by Stu Pidasso
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