tdiu C And P Exam For Retro

[broncovet]

I have been scheduled for 3 C and P exams:

1 is for increase for hearing, this is likely moot as even a 30 percent increase to 40 wont be enough for smc s.

Im 100 for MDD, 10 for tinnitus, 10 for hearing loss.

2. Another C and P is for "A and A" and I really dont expect that, only housebound.

3. I dont know what the third is for, I will guess tdiu.

On the last one, tdiu only applies for period from 2002-2006, as I am 100 percent effective in 2006. I dont see how a new exam will help..I already have 2 docs that state that I was unemployable due to mdd in 2002-2006. They developed IU in 2007 (after applying in 2002) and then, in 2009, decided IU was "moot".

I appealed, and the Board decision was a partial remand in 2012. The 2012 Board decision agreed with me that IU was "not moot" as it would mean an eed. So, what does the RO do? They sit on the remand for 3 years and do nothing until I contact Allison Hickey. Remember, this will be 13 years for an initial decision, because the "issue is moot" does not count as a decision in my book.

Im kinda ticked they do a c and p exam after 13 years. Why not 12 years ago? How would this examiner opine what happened in 2002, when he does not even know me? This seems like "develop to deny". I already know the examiner is a PA and I have 2 docs with favorable evidence. This c and p exam is unneeded and I am deciding if I will mention this to allison hickey or not. My cfile is over 1500 pages, and, at least 300 more pages were shredded. I timely filed a

"Request for special handling" that was denied. (no formal denial..just a note in the RBA or I would not have even known it).

If this does not go well, Im considering a Writ to compel the Ro into compliance with the BVA remand, and to require a decision under 3.103:

3.103 Procedural due process and appellate rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part3.

(b) The right to notice—

(1) General. Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief.

Yea, I know the VA wants to "bury shreddergate", but I deserve a decision on my request for special handling because it affects my effective date and thus my beneifts

Thoughts???

[Navy04]

I am no expert at any of this, but Good Luck Bud and God Bless!!!

[jefmil50]

I am still learning from everything you do and the other more experienced Veterans here. Wishing you all the best of luck!

Edited April 17, 2015 by jefmil50

[Buck52]

Its confusing if they took the TDIU away in 2002- 2006 because you got 100 %? for MMD? and awarded you the TDIU IN 2007? Then decided tdiu was moot in 2009? did they do this without a C&P?

you should appeal the tdiu rating..if you got it in 2007 and the two Dr's said you were unemployable in 2002 due to MMD?

If you never ask for increase in 2006?....how/why did they take away the TDIU & Award the 100%? If you already appeal the iu?

Maybe I don't understand all this either its confuseing to say the least...I understand you got 100%for MMD and 10%for hearing loss and 10%for tinnitus...but the Dr's that stated you were unemployable in 2002 for MMD you was awarded that in 2006 at 100%..along with your other 20%ratings and now you are trying to get a higher rating with hearing loss at least a 50% rating to qualify you for the SMC? and your trying to get a EED back to 2002 is this correct?

Like I said I may not be understanding your situation?

As for as increase in hearing loss unless your almost deaf and have problems understand people Hearing loss is a hard disability to get, tinnitus us usually concurrent with hearing loss (how ever tinnitus don't cause hearing loss) and your already rated 10% for tinnitus 10% is all they give for tinnitus .(both ears)

they probably wanting to give you the New C&P to see if your hearing loss has got worse over time. and the other C&P is for your MMD? Not sure on the 3rdC&P?

if your asking for SMC' and need a rating of 60% 10 %tinnitus &10%hearing loss, you need a 50%increase in hearing loss but I doubt even that would qualify for SMC k? 50%hearing loss in both ears is pretty bad but to get SMC k? I am not sure....a veteran just about as the be totally deaf to get SMC'k

My Advise would be to follow through on the 3.103 Due process & appellate rights ( a ) of the statement of policy & (b)The right to Notice.

Edited April 17, 2015 by Buck52

[Buck52]

broncovet,

With your current C&Ps coming up and if your asking for SMC/s asknod would be good to help you, this is a good question to ask him....or someone that's been there.

I am sorry I can't help you on this one buddy!

.....................Buck

[broncovet]

They did not take away the tdiu, I was never awarded tdiu

[Buck52]

On the last one, tdiu only applies for period from 2002-2006, as I am 100 percent effective in 2006. I dont see how a new exam will help..I already have 2 docs that state that I was unemployable due to mdd in 2002-2006. They developed IU in 2007 (after applying in 2002) and then, in 2009, decided IU was "moot".

I appealed, and the Board decision was a partial remand in 2012. The 2012 Board decision agreed with me that IU was "not moot" as it would mean an eed. So, what does the RO do? They sit on the remand for 3 years and do nothing until I contact Allison Hickey. Remember, this will be 13 years for an initial decision, because the "issue is moot" does not count as a decision in my book.

Appeal the IU FROM 2002,even if you was not awarded IU...you have two Dr's stateing you were unemployable back in 2002 due to the MMD you can appeal that decision if they refused to award the IU back in 2002.

the only thing I can figure out is that you failed to appeal that decision within a year and waiting until 2012 to appeal..if the vba Agree iu was not moot I understand they have to go back to the 2002 if they developed iu in 2007 then they need to go back to 2002 when you first applied.

Edited April 17, 2015 by Buck52