tdiu Had A C&p Exam For One Of My Last Claims Before Going To Appeals

[retiredat44]

My last claim for all of my claims, is for TDIU. my current representative said go for it, even though my prior rep said no to asking for tdiu. The rational from the last rep was because I was only at 60%. I told the last rep it didn't matter, because 70% was only a guide. Anyways, I had a C&P exam (the exam I was ambushed at, see my post for that, about 1 month ago). Anyways, I have many claims in appeal. I have not worked for 20 years and can never work again. My medical records are firm on this. My question is mainly how much longer for the decision after a C&P ? I really truly think they are totally overwhelmed by my records. I have more medical records than almost anyone. (I am not trying to sound like a jackass, it's just the truth). I really do think they bit off more than they can chew and will go insane trying to read them all. Not good, because they can actually not read everything, as usual and just rubber stamp a no. Then pass the buck to the next stage, just so they can not get a headache. There is no checks in the system to make anyone do their job properly. No one cares, no one pays for bad job performance. Well, the vet pays with being screwed. Sorry, I am wandering. In any case, they have to be getting close to making the last decision, before appeals. In the past, I think them took about 60 days after a C&P to send a decision out. One more thing. Most of my experiences were in San Diego. But am beginning to think Oregon is slow too because they really don't have enough resource here either. Even less population, they have less resources. At least the medical services here are thin.

[Berta]

I think that Section 1151 claim you filed will do the trick Steve.......

It was one of the most obvious Section 1151 issues I have ever seen.

.



The actual claim is here somewhere....a great template for any vet with a bonafide 1151 issue.

As I recall, in a subsequent post here, I wrote the claim for you and posted it but you replied you had prepared it yourself and sent it in.

If you get TDIU or 100% for other SCs, then VA will have to pay you the 1151 comp separately if it falls into the criteria I posted the other day in the FTCA forum.....

SInce we discussed the 1151 here, my AO award proved what I mean:

Husband was 100% P & T for PTSD.

VA finally and properly awarded for a malpracticed stroke he had over 20 years ago.

100% under Section 1151.

They paid me as an accrued benefit in 1997 for the 100% PTSD and then in 2012 for the 100% Section 1151 Stroke.

In some cases there is NO 1151 offset to a SC award.

I have another 1151 pending. 20 years after his death. No time limit for 1151 claims.

And when a survivor requests accrued benefits ,within one year after a veterans death.....there is no time limit on that either, under Nehmer, in some cases, and under 1151.

If I find the claim I wrote for you here I will put it into 1151 forum as a template because you had quite a claim in that respect.

A real winner,in my opinion, and I sure hope your rep supports that claim

[Navy04]

As long as there is plenty of supportive Evidence, then I don't see why you are only at 60%. In the last 6 months my VA went from 80 to 100%, Approved for SSDI in less than 3 months, and wife approved for 2K a month to be my care giver. What I am trying to say is with so much evidence all these Govt agencies had to approve me. There was no outcome based on bad Exams. I had an Examiner treat me awful with my Knee, and what do you know there was too much evidence in front of him. So even though he was an A****, I still got SC and a %. God Bless, good luck and keep us updated.

[63SIERRA]

im in the same boat. a 10 inch stack of medical records, wayyyyyy too long since Ive had CP on alot of issues, things are tangled and confused, claim has become a mess, I filed for TDIU even though im at 60 percent, because I should be at 100 schedular.

I wasnt going to NOT file just because VA has it all messed up.

VA system tries to make us do one thing at a time, then WAIT,, AND I do mean WAIT/ Ok now put another quarter in the machine. WAIT.,. WAIT SOME MORE, and WAIT SOME MORE. Well health issues dont work that way. health is a fluid , changing thing and the va need to be able to adjust on the fly to help us. not make us wait years to file claims, when our health conditions change.

hang in there. they will tire of trying to put the round peg in the square hole.

Edited May 7, 2014 by 63SIERRA

[ghost14d]

I'm 70 now I put in 3 more claims for gerd and ibs plus right knee secondary to left knee. Do you guys think I will get increased had cp exam Friday