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last year I had two C&P exams. Due to living in Germany, the VA hands it off to the VES who schedules everything. The VES contacted me last year in August with a wee questionnaire and also asked if I was available during the next 60 days. Both appointments were done within that time.
This year seems a different animal. The VES contacted me at the beginning of March with the same questionnaire and the 60 day question. I had a mental health appointment within 3 weeks! There are still two matters pending. I sent the VES an email at the end of May (near on 3 months) and the response was merely waiting for an appointment. This is for hearing loss and tinnitus. A 90 day wait for an appointment with a hearing physician?
Again, I can well imagine a difference between countries, but this seems a wee off.
Anyone have insight?
I am very confused by what I am seeing on va.gov.
Has anyone seen these kinds of things happen and what were the outcomes? or your best guess?
Sequence of events:
Mar 2021 - Submitted IU package with Vocational Assessment etc.
Mar 2021 - Submitted FDC for Migraines
Mar 2021 - VA Accepted claims and combined them. "closed" migraine claim.
April-May - C&P exams (None for Migraines)
Today - See Migraine Claim opened with yesterdays date for last updated / IU closed with date one day after submitted.
No other updates in ratings or letters.
(1) Could be the system is just catching up and I still have a shot at IU, but why would they now de-couple the migraine claim. My original thought was they combined the two because the migraine claim would be moot if IU was approved.
or.. (2) They have denied the IU and have went back to processing the migraine claim?
Also, will VA still process new claims/increases when U have IU?
By Joey Ross
OK, I need some advice. I started a HLR in March 2020, and had a new C&P in August of 2020. VA has been waiting on records from JSRRC since then. By my MOS (11B1P), and awards (SWASM, etc.) , plus being in a combat zone and my C&P I'm uploading, should I file to have the VA process my claim with what they have, or wait for them to finish with the records request that could take God knows how long.
Last week, I was awarded P&T TDIU for a claim that was previously awarded 70% mental health disability rating. Should I now appeal the 70% mental health rating? The word "total" is difference between a 70% and 100% mental health rating, as I read the information. Is P&T unemployable possibly considered as a 100% disability rating?
Wondering if anyone has some insight on my current situation. Long story short, I became 70% service connected in 2018 due to a combination of issues, to include 30% for PTSD. During my initial physicals with my VA primary care Dr I screened positive for TBI from a vehicle rollover in Afghanistan and began testing/treatment. I eventually had a neuropsychological exam that Identified several severe cognitive impairments (auditory memory, processing speed) and several more moderate-mild impairments. Based on this I filed a disability claim for TBI in November of 2019. I just finally had a C&P exam for TBI that did not last long. Based on browsing these forums, I am thinking that the neuropsych testing will be used and hopefully the severe cognitive impairment is listed. Two weeks ago I did an ACE exam for migraines related to TBI. I have been sitting around wondering when I will get my decision letter but instead just got informed that I need to do another C&P exam for PTSD. Does anyone know why the PTSD C&P exam is needed now? Are they trying to identify what symptoms are caused by TBI vs PTSD? Can this even be determined? Will they lower my PTSD or combine them?
It has been 18 months since I filed this claim and I am getting pretty stressed out at all the additional testing they are making me go through. Maybe am stressing over nothing but waiting around for a decision for 18 months can really put a strain on the process.
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,