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Called The 800# Today I Think This Is Good News Your


Guest jangrin

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Guest jangrin

Hello Everybody,

Since I last recieved everyones excellant advice a few things have occured.

Just before we moved from our home 4 weeks ago, the VA sent my husband for his very first C&P in connection with his first claim ever filed with VA. At the end of the exam the NP who performed the exam said he should hear something in about 3 months.

2 weeks ago, when we arrived in Texas, my husband met with the TVC (Texas Vet commision Rep), who recommended that he have his filed transfered to the WACO RO so the rep could help keep an eye on the progress and because of future C&P exams, being ordered and California was to far to travel.

In general you folks here and my husband and I decided it was for the best to have the c-file transfered.

WELL, JUST WHEN YOU THINK THAT YOU HAVE EVERYTHING FIGURED OUT, today we called the 800# to see where we should send the VA form 21-4192 request for employment verificationrequested by the VARO in Oakland. We asked should we send it to Oakland or to WACO since we had just moved and had very recently requested the file be sent to our new area, in Texas. The person stated that the Oakland California RO had recieved the request to change RO's on the 18th of this month, but the Oakland RO had decided not to forward the file because it was at the rating board in Oakland and sending it to WACO might slow down the process. She said to send the VA form to OAKLAND and label it "c-file at the Rating Board."

I think this is good news but isn't it somewhat unsual to have only one C&P for a DMII claim with secondarys and also PTSD, hearing and tinnitus. I hope this is the real deal and not a smoke screen. She sounded like she knew what she was talking about.

Your comments please.

Thank you,

Jangrin :)

Edited by jangrin (see edit history)
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I wouldn't take any chances. I would insure that you fax th eform to the Oakland, CA RO for inclusion to your claim at the rating board, typically referred to as their "triage section". I would also give a copy to your local rep. and ask them if they would be so gracious as to check occassionally for your record transfer.

I can see the RO's concern about transferring any of the records until a decision is made though. It's easy enough for them to lose pieces of paper due to the tremendous piles they deal with, let alone sending only a part of it ahead.

It does seem odd to do all of these C & P's at once. Usually there would be a seperate one for psychological and one for the hearing impairments.

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Guest jangrin
I wouldn't take any chances. I would insure that you fax th eform to the Oakland, CA RO for inclusion to your claim at the rating board, typically referred to as their "triage section". I would also give a copy to your local rep. and ask them if they would be so gracious as to check occassionally for your record transfer.

I can see the RO's concern about transferring any of the records until a decision is made though. It's easy enough for them to lose pieces of paper due to the tremendous piles they deal with, let alone sending only a part of it ahead.

It does seem odd to do all of these C & P's at once. Usually there would be a seperate one for psychological and one for the hearing impairments.

Olenavygoat,

I agree with you. Most of the posts here at Hadit, seem to reflect a C&P for tinnitus & hearing, one for PTSD or mental and then one or more for any other claims for example the DMII and heart and PN. So when we got the request for the Work history it came as a VCAA letter with the one year time limit and the election box with signature page. Also, the VCAA letter stated that they had medical records and diagnostic records from Dr. Bash as well as my husband's PTSD VA doc diagnosis, also they stated that they had recieved his stressor letter and wife's statement.

It seems like they are proceeding with the information that they have. It sure doesn't seem like they plan on anymore C&P exams for now. I would have thought that they would have requested them before going to the rating board.

So far I have never recieved any information that was not true, up to now I have had no reasaon to doubt what they have told us over the phone, but time will surely tell.

Jangrin

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Guest terrysturgis

Jangrin, I thought that your husband got approved for SSD. To get SSD you can not be working. My question to you is, does the VA know he won the SSD claim? Sounds like you are on the down hill side of your claims. Good luck! Terry Sturgis

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Jangrin-it sounds good to me- especially that they acknowledged the evidence you sent-

Terry is right about the SSD too---often excellent evidence---

It also sounds to me like they are definitely considering him for TDIU.

Let's hope this won't take too long now for a proper decision.

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Guest jangrin
Jangrin, I thought that your husband got approved for SSD. To get SSD you can not be working. My question to you is, does the VA know he won the SSD claim? Sounds like you are on the down hill side of your claims. Good luck! Terry Sturgis

Hi Terry,

We sure hope your right. This is such a long process. We took a copy of the award to the SO when my husband got his SSD and she was sending it in to the AL and the RO. But when we got the request for the employment history (the VCAA letter stated they wanted to know any updates from social security) Also, when they listed the evidence they had for diagnosis they did not list the reports from the SS doctors for the SS mental exam report and the SS physical exam report. We gave them to the SO because the last time we mailed something on our own she came unglued because she said she has a paperwork letter she needs to send in each time something new is submitted to the Cfile.

So I think I will send in copies again of the SSaward letter, the 2 reports from ss doctors, the employment history, and a final SIGNED VCAA letter, all to the rating board where the file is suppose to be.

Then we will pray alot and hope the initial service connection is made. Then we can start the apeals process if we have to. It will help just to have my husband SC for his DMII.

But right now this is the most positive thing we have heard in 9 months.

Jangrin

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Guest jangrin
Jangrin-it sounds good to me- especially that they acknowledged the evidence you sent-

Terry is right about the SSD too---often excellent evidence---

It also sounds to me like they are definitely considering him for TDIU.

Let's hope this won't take too long now for a proper decision.

Berta,

It does seem like they are considering him for the TDIU. I must say that the advice you gave us about filing for TDIU right from the get go, was excellent. If we had waited to file the TDIU until the initial claim was decided it would be another 6 months to a year or longer for them to consider it. At least this way they will give him TDIU or not, but we can NOD it right away if they deny. But I think he will get it.

Berta, once again your insight to the claims process is unmatched. Thank you for the support. I think we are on the downhill side of this one.

Jangrin and Chuckles

Edited by jangrin (see edit history)
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Jangrin-I have seen many cases where the vet rep never advises the vet to file for TDIU- when they really should.

I was in my former vet rep's office one day and someone was looking all over for a TDIU form.You would think they knew where the forms were.

I could have brought my TDIU disk with me- I believe I have sent out or attached more TDIU forms or at least advised the vet to file one then my whole POA division ever has.

The form ,21-8940, on a disk is always right here on my PC desk.

I used to believe these vet reps-years ago - who would always say the vet has to be 70% to file for TDIU but the guy I helped get TDIU near Tonawanda had no SC at all. He attached his private med recs to the form and got TDIU in 4 months.

Even my own husband's posthumous award went from 30% to 100% so it just doesn't make sense when vet rep's discourage vets from filing for TDIU.

Even if the award for a vet is not TDIU, they can NOD that- and the filing of the form protects the TDIU EED.

One rep argued with me as I thought a vet I sent over to him should attach the form to his claim.

I said-point out anywhere on the form or in the VA regs that prohibit a vet under 70% from sending the form in and of course he couldn't.

I sure hope that your husband makes out OK and that your claims process is soon coming to an end.

Any veteran whose SC disabilities make them unemployable should certainly file for TDIU.

SSA awards for the same disability claimed as caused by service or any statement from Voc Reh that finds that Voc Rehab is not feasible for the veteran due to their SC disabilities is excellnet TDIU evidence and of course nothing can match a VA or private doc's statement that supports this too.

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Jangrin

It does sound unusual for the VA to give only one C&P exam for PTSD, DMII and secondary conditions. I got one exam for the mental thing, one for the DMII and one for the peripheral neuropathy secondary to the DMII. However, if you get the IU then all of the other things can be appealed or worked on later. The IU is the main thing because that means money at the 100% rate. The DMII is also important in its own right since there are so many secondary conditions. I have three secondary conditions due to DMII that I am working on now. The mental condition is not going to kill me, but some secondary condition from DMII might do me in some day. Even if I was 100% schedular I would file for any AO condition that is a serious disease just for the sake of DIC.

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Guest jangrin

Terry, Berta and John and Everyone,

While trying to learn about the 38 cfr today, I wondered across the following. If I understand this correctly, it says that the VA claims process will accept the doctors records as enough evidence for rating. So maybe they feel they have enough in the medical records to rate my husband, the records speak for themselves.

The VA diagnosed him, treated him for ALL of the claimed disabilities. Because my husband had NO civilian medical records except radiographic, it is hard for the VA to find their OWN staff incorrect. They DX, they treat, in this case they are the Primary Care Physicians. Maybe thats why they have only done the one C&P exam. The only other choice is to find their own VA doctors incorrect and unable to diagnose and treat. Somehow I don't think that is going to happen. Then to top it off, the SSA doctors agree with the VA docs, there are no documents or reports that disagree with the VA diagnosis. No negative. So no need for further examination.

Then throw in an examination and findings from Dr. Bash and I think they are over a barrel.

What do you think?

Jangrin

§3.326 Examinations.

For purposes of this section, the term examination includes periods of hospital observation when required by VA.

(a) Where there is a claim for disability compensation or pension but medical evidence accompanying the claim is not adequate for rating purposes, a Department of Veterans Affairs examination will be authorized. This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child. Individuals for whom an examination has been scheduled are required to report for the examination.

(:) Provided that it is otherwise adequate for rating purposes, any hospital report, or any examination report, from any government or private institution may be accepted for rating a claim without further examination. However, monetary benefits to a former prisoner of war will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affairs hospital or outpatient clinic.

© Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination.

Edited by jangrin (see edit history)
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I think you are absolutely correct Jangrin-

When a vet has accumulated lots of VA med recs-sometimes the C & P is only to determine the level of disability to rate.

The DMII_ unless it has caused additional related disablities-like cataracts, heart disease, transcient ischemia-etc- could be rated on one C & P-

the problem there is this- a vet I know had only one DMII C & P and they failed to rate his cataracts and heart disease. All of his medical care was private.

He took the 40% DMII award but NOdded because of the other disabilities due to the diabetes.

He had a good IMO doctor but the doc did not know how to prepare the IMO well.

He got the doctor to prepare another IMO and the doctor stated that the vets CAD and cataracts were more than likely due to the diabetes and could not be disassociated from it by another other known etiology.

He is still waiting for them to answer the NOD with the better IMO attached to it.

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