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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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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. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      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.  

      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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pctinc2001

Can I bring additional information for the examiner during a C&p

Question

I have a C&P on March 14, and wanted to know can i bring additional information to submit to the examiner to help with my claim? And If so do they suppose to take that into consideration?

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Broncovet

Just my opinion here and don't intend to insult you or piss you off in anyway  veteran brother to veteran brother....agree?

As long as the Veteran shows up on time for the Exam ,in my opinion I could care less how or who pays the Examiner OR if its performed at the VA or Contracted out, the only interest/concern  I have and all veteran should have is  rather or not the C&P Examiner with correct credentials in expertise  reads all the evidence presented to them to make a honest decision and  the Veteran has a favorable exam. ''period''

Just because VA Pays  the examiner don't necessarily mean the examiner is for the VA Only, If the examiner does his/her job right and the VETERAN presents all his favorable medical evidence as to what he has claimed....then the Veteran can hope the examiner does his/her Job right.

I don't think it makes a Rat's Behind how or who pays the examiner.

If I was a first time veteran with a claim this post sounds discouraging to me.

I would like to think positive for all the Veterans out there with first claims and to the contrary to your post not to discourage them  and a lot of first time veterans read these post.

JMO

 

 

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On 3/9/2017 at 0:42 PM, pctinc2001 said:

thanks broncovet and buck for your reply. My evidence that I want to have noted is dr. visits that the DAV failed to upload with my FDC .

Don't miss your C&P appointment.

Don't be late.

Get there early.

Only provide copies the medical records, not originals.

Some examiners will happily accept documents you provide them, but others may refuse.

Sometimes multiple exams may be needed, even for a single claim, but scheduled at different times or dates. I had an exam one day, but came back the following week to have imaging done.

Research further on Hadit about C&P exams, especially ones relating to your claim. There are topics/posts about what to expect, what to do or not do, and other Veterans' experiences.

Look up the DBQ relating to your claim. The exam should be similar to the DBQ. 

Some exams may take only five minutes while others may take an hour or more.

If your exam is for a condition with a rating based on limited range of motion:
- The examiner should use a "goinometer" to measure, not try to eyeball it
- Let them know when the pain starts and when the pain gets worse during the movements
 

Good luck

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Great Explanation Vync

Thanks Buddy

pictin 2001, good luck with your C&P on the 14th, try not to worry about it  there not that bad  you will do ok.

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This is my opinion, for what it is worth.

There is very little time during an C&P exam for the examiner to hit all the checks he or she needs to hit.  The examiner is going to check what the VA wants them to check.  They may or may not read what you give them, but keep in mind the VA already has what you have, unless this would be new and then you would need to send it to the VA seperately anyway.  The down side is, you may piss off the examiner by interupting or telling the examiner what he or she should be doing.  Remember, your examiner will probably be a NP and not a doctor.  All of mine have been.  And again, you're already behind the time clock when you walk into the examiners office.

My last C&P was for four claims all together, and done by an NP.  She had all she could do to get through the questions on the computer in the time allowed.  I do not beleive she would have read anything I gave her.  I did look at the exam questionaires before I went and mentally followed along.  She actually wrote more in the report than I saw her do, but she was probably doing a lot in her head by memory.  She did use the proper equipment.

I realize you want to win and fight, but, again, in my opinion, when in front of the C&P examiner its not the time to fight.

All of my ratings have not been favorable, but after reading the decisions, all but one have been just.  I do have one I am going to appeal, and the exam from the C&P is what I think will win it for me.

FWIW,

Hamslice

 

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''The examiner is going to check what the VA wants them to check''

 How do you know this ? is this just opinion or actual fact?

What about integrity and honesty of the examiner.(theres still a few out there) believe it or not.

 Veterans must hope he gets  a good honest examiner  and I believe that's important/and makes a difference in a C&P Exam.

When a vet gets a examiner that is contrary to his claim and knows the examiner is doing a botch job during the C&P  The Veteran should  go straight to the VA C&P office after this exam is over and report this examiner and request another C&P Exam with a different examiner. or call his R.O.

 if they (examiner) do their job correct and the veteran has the evidence to substantiate the questions (checked boxes)  and examiner  checks the wrong boxes &  the veteran gets denied appeals and with more or the same evidence proves his claim with  a different C&P Examiner and the veteran wins out, I just disagree that the VA Tells the examiner what boxes they want them to check.

OIG gets word of it  I'm sure they would be less examiners/VA Employees that told them that.

It may seem that way because of the mind set the VA makes us all think.

jmo

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