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CUE, NOD or WAIT ???

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Filed for TDIU was denied however VA sent me for C&P exams for Cervical, Lumbar, Migraines and Mental Health, I was told even though my my cervical, lumbar and Migraines should all be increased (will show below C&P exam statements) the examiner will NOT use those contentions on making his decision because they are all 3 in an appeal status (dated 2013 still waiting on appeal) so it screws me out of TDIU.

Question?? Even though those 3 are in appeal shouldn't he of raised the ratings according to the C&P exam results immediately? or does that too have to wait for the appeal to go through??  If these increases are given to me i would be at 100% scheduler.


Was rated at 30% cervical due to ROM's this recent C&P exam states (Unfavorable Ankylosis of the entire cervical spine, that should go to 40%)

Was rated at 40% Lumbar Thoracic do to ROM's this recent C&P exam states (Favorable Ankylosis of the entire thoracolumbar spine, that should go to 50%)

Was rated at 30% for Headaches including Migraines and this new C&P exam states (YES to having very prostrating and prolonged attacks of migraines/non-migraine pain of severe economic inadaptability this should be rated at 50%)

Need Advice Please!


Edited by TLaff
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You were denied TDIU but have 90%?

Were you employed when they denied TDIU?

Have you started a different thread here recently?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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So which disease/ injury is ratable at 100% schedular. I'm lost.



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  • HadIt.com Elder

I think he  means the 3 disability's he has been  S.C. & rated for and if he gets them  increase to 50% 40% 40%  that will put him up to the 100% Unfortunately this is wrong  if this is his way of thinking.

In my calculations with VA Math  those rating combined is a rating of 82%  so it would be a combined rating of 80%

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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