Doesn't an Exam by a VA Dr. trigger a SC % increase?

[JuanP]

 

....if the new information warrants it?

I just noticed something about my case, medical records.  Last December I was in PT due to increased pain.  And the sessions ended with new range of motion testing that clearly were much worse than before.  Meaning that my condition has gotten worse since my C & P exams a couple yrs ago.

Shouldn't that have triggered an increase in %?

[brokensoldier244th]

No. VA health system is separate from VA benefits system. 

[Gastone]

It's up to the Vet to file for the claim. That's not to say a VA Comp knowledgeable Clinician, wouldn't advise you to file a claim. Might even direct you to see someone in the Claims & Compensation Dept at the VMC.

Did you ever file the FDC for the Increase? Are the worsening symptoms listed in your VMC MHV Med record as Acute or Chronic? Makes a Big Difference, rating wise.

Semper Fi

[broncovet]

For an informal claim for increase, the courts have ruled:

1.  The application has to be in writing.

2.  It has to "specify the benefit sought."  

3.  The Veteran has to "show intent" to apply for one or more benefits.  

Its true that a doctors appointment can constintute an informal claim for increase, if the above are met.  

The VA defaults to "he is seeking treatment, not benefits" when you go to a doctor, even with a SC condition.  It has to be documented that you are seeking benefits, as above.  The best way to meet that is to submit an Intent to file.  

Edited November 17, 2016 by broncovet

[Vync]

Excellent advice above.

Claims for increase can be backdated up to 12 months. Because your ROM were worse last December (assume December 2015), you might consider filing the increase request before the 12 months are up or you might lose the effective date.

Also, keep in mind that or musculoskeletal ROM's, they hopefully should have noted the point at which pain began/worsened in addition to the max ROM.

[Andyman73]

Vync, broncovet, Gastone,

If so, today I filed several Intent to File claims, which is less than 12 months after I went to PT for newly acquired low back pain, which was determined to be coming from the SI joint/iliac crest region.  Same for the bunion on my R foot. How would JuanP or myself go about doing this?

[JuanP]

Thanks guys for the advice.    Andyman73  It seems like we just go to the eBenefits website and submit the FDC (fully developed claim ) intent, because I have not filed one yet

My issue, currently, is that my case was remanded from the BVA after they found in my favor for my neck condition.  So it was hung up for the last 18 months, now I have reminded them they got work to do on my PTSD claim and some secondary issues.

In the mean time, my ROM had gotten worse, which would change my percentage significantly. on it own. So I don't want to screw the timing on that other stuff up by re-starting a "new claim"

and to top all that off,  I have to submit an 1151 for dental work caused by the meds.   ---with this, I am just submitting, while hoping it will not affect my case decision by the RO.

Edited November 17, 2016 by JuanP