CUE, NOD or WAIT ???

[TLaff]

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!

T

Edited June 4, 2017 by TLaff

[Berta]

You were denied TDIU but have 90%?

Were you employed when they denied TDIU?

Have you started a different thread here recently?

[TLaff]

Yes i was and am 90% when i filed and have not worked since Nov, Dec 2014

[FormerMember]

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

[Buck52]

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%