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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
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      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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Icd Codes On Va Form 21-0960N-1 (Disability Benefits Questionnaire)

Question

On the Disability Benefits Questionnaire for my Doctor to complete (VA Form 21-0960N-1) (DBQ).

It says select the veterans condition and then it has ICD code & Date of diagnosis.

Is this the ICD code (Diag. Code) from my physician's statements?

Can I submit to VA a copy of the physician's billing statement that has the diag. code on it along with a table of the explanation of the ICD CODE?

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Where do I find the Diagnostic code the VA uses to determine my benefits? Do I submit these codes on my application for my service connected disability?

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The Va is likely uninterested in your medical bills.

You need 3 things for service connection:

1. Current diagnosis

2. In service event or aggravation

3. Nexus between the two above.

As far as the diagnosis goes, or the code, you can provide to your doc a private physician's diagnosis, if you like, but the VA doc may or may not agree with his diagnosis.

However, Im thinking it may be in your best interest to not "merge" the VA doc and private doc statments.

Instead, first see if your VA doc will provide you with what you need, the 3 things above.

If he does not, or if its unfavorable, then an IMO/IME (your private physician, if you like) can be submitted to rebut the unfavorable exam.

In a similar way, you can submit an IME/IMO if your VA doc does not provide ALL your symptoms, that is, you think the private doc did a better job identifying your symptoms than the VA doc.

After you become service connected, then you move to the degree or disability percentage.

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Thanks so very much to ALL who have taken the time to provide your answer to my question.

I will go to the web pages that have been provided and check out the information.

Thanks again,

Don

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      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) 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".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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