Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

C & P Exams Coming Up Next Week

Rate this question


amirsun

Question

I have a C&P examination coming up next week for my PTSD and Left Knee, Hip coming up next week. My service-connected injuries caused me to be out of job temporarily. I am currently on Short Term Disability, my company said they don't have Light Duty job for me that I should continue on Short Term Disability until after my left hip surgery and I am fit to return to full duty.

I currently right now get $799 bi-weekly base pay, no overtime at all compared to making $2600 bi-weekly working offshore as a field personnel. I stopped going offshore since last year April 2014 because of my left hip injury that has is now worst than what it was initially diagnosed when I was in the military and would require left hip arthroscopy procedure / surgery to correct the labia tear, though the surgeon told me he doesn't guarantee that the surgery will take away my hip pain/discomfort forever.

My questions are;

1. Do I need to go with my psychiatry doctor / social worker / orthopedic / surgeon / physical therapy VA and Non-VA hospital visit documentations, I mean progress notes, MRI CDs, etc for the C&P examiner to see?

2. Do I have to make copies of these documents and give to the C&P examiner to keep or I should just go in with the originals for him to view and give me back after the examination?

3. I have letters of un-paid bills, medical bills, etc that I have not been able to pay regularly due to my drop in income, my wife just had a baby. She is not working. Do I have to go with these bills for the examiner to see how my service-connected disability injury is affecting my inability to pay my bills and brought my family financial hardship?

4. How do I let the VA compensation department handling my hip injury claim know that my injury is permanent that surgery won't provide a solution to it according to the surgeon? Do I ask the surgeon or orthopedic doctor to document it?

Thank you in advance for your answers. I appreciate so much.

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

  • 0
  • HadIt.com Elder

One of the questions I'd ask is did/does your work aggravate or make more serious your in service injury/condition.

The problem with this is that the examiner may state in an opinion that it did/does, and that a percentage between in service and after service

exists. IF so, it's likely that an attempt will be made to minimize the in service percentage.

As to income, medical bills can have value in offsetting income under specific circumstances, usually pension related. A C&P exam is basically to determine the seriousness of a condition/disability,

if it's service connectible/connected, etc. At 799 bi-weekly (~20,000yr) you likely may not meet pension income limits, without medical expenses.

Letting the VA "know" about the medical details requires medical treatment documents and doctor's diagnosis.

Never give the VA originals. They tend to disappear. If they insist on originals, they can get documents directly from the source, if you give them enough information to do so.

That's not to say that the VA might or might not make a serious effort to do so.

In general government based programs seem to often "give on one hand", and take away with the other.

Makes for better politics, and reduces cost.

Edited by Chuck75
Link to comment
Share on other sites

  • 0

Thank you for your response Chuck 75.

One of the questions I'd ask is did/does your work aggravate or make more serious your in service injury/condition.

The problem with this is that the examiner may state in an opinion that it did/does, and that a percentage between in service and after service

exists. IF so, it's likely that an attempt will be made to minimize the in service percentage.

My job does not aggravate my service-connection condition rather my service-connection is affecting my ability to do my job. This would be my answer to him... what do you think?

As to income, medical bills can have value in offsetting income under specific circumstances, usually pension related. A C&P exam is basically to determine the seriousness of a condition/disability... If this is the case, then I should go with every evidence to show the C & P examiner as regards to how my service-connected disability has become so serious that it has affected my ability to work and has caused me financial problems and my employing saying, since you can't go offshore to work for us because of your service-connection disability then go on Short Term Disability till you are fit for full duty. What do you think?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use