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I know I ask a lot of questions, but DAV and VA never want to give any answers. I have a virtual appeal hearing next month and I have 2 questions not related to each other.
1. If my claims are granted will the VARO use the existing C&P to implement the decision, or are new C&P's likely? for reference, when the hearing occurs it will be less than 1 year since the last exam.
2. Has anyone had recent experience in the timeframe after the hearing to get a decision?
I have not been able to find much information on routine future examinations (RFE). I did not apply for an increase or any new claims. I have a RFE scheduled for bilateral knee instability a little after 5 years of service connection. My understanding is that this is supposed to be an evaluation of the current severity of symptoms and if the disability continues to be a problem and to what extent. I asked the person on the phone making the appointment and she said to be prepared to discuss my event in service and why I think it is service connected. I don't understand why veterans would have to discuss the event in service again and why they think it is related to their current disability if the nexus has been established.
My experience has always been that the C&P examiner will not look at any of my records during the examination and if I insist, the rest of the exam does not go very well. I had to appeal a denial due to a bad C&P the first time around and it took a while for them to service connected.
My plan was to let him know from the start that this is a re-evaluation, but the moment you try to manage the situation, it can go very wrong for you. All I'm looking for is a fair chance to explain what is going on with me currently and fully comply with VA requirements. The problem is we barely have any time with the examiners and you must make every minute count.
Does anyone know what happens during these re-evaluations?
Is it appropriate to go back to event in service and how it is related to your disability?
Should the C&P examiners at the VA know that this is a RFE and not a new claim?
Should I bring anything with me since they almost never look at documents?
I appreciate any feedback anyone may be able to provide on this.
On January 7, VA contractor, VES, did my C&P exam . After nearly pulling teeth trying to get a copy of the exam from the VA, I finally got it a few days ago. Although the doctor found that I have the condition and found that it was caused by military service, she was way off with her box checks for my symptoms--missing or ignoring several of my symptoms. Also, her assessment of my symptoms conflicted with my privately provided DBQ. It's frustrating because I answered the questions the same way with both doctors.
Can I challenge/dispute the VES contractor's C&P findings? If so, where can I find the rules for how to do this? And how much time do I have?
Thank you in advance for your advice on this.
I need help. I first applied for benefits in 2016 and was denied in 2017 because the VA could not find my medical records. I was able to locate my medical records and I did a NOD. I filed again for the conditions and sent in my medical records. Fast forward to 2019. I was able to get C&P Exams at the end of 2019 and Jan 2020. My Sleep Apnea exam took about 3 minutes or so...questions were: When did you enter AD? When did you retire? Do you have a CPAP? I had submitted a buddy letter from the EX and my medical records showed weight gain, snoring, ENT problems, etc.I answered the questions and affirmed that I had a CPAP. That was all of the questions I had for Sleep Apnea. I had a few other exams and even a hearing exam. I was asked about my MOS/AFSC and told them the first five years was flight line work at a SAC base. I told them of the ringing in my ears and thought I'd be rate for tinnitus. My hearing exam showed I did not have much hearing loss. Fast forward again. I was asked to submit to additional exams for my feet and hands in Nov 2020. In any manner, I was finally rated at 20% for my feet and zero for my broken fingers. Since I had to file a NOD I elected higher level review by a DRO. My question is can I file a rebuttal for the other items filed? I need this ASP since I just received notice on 1 April 2021. Thank you.
By Joe Tex
I searched the forums but did not see this in the appeals section.
I have a pending appeal for my right foot for service connection, and I'm in the process of sending a statement to the Board of Appeals.
My question is can I ask the Appeals Board for a percentage rating prior to winning the appeal for right foot service connection.
My reasoning is, if I just send the Appeals Board my statement without requesting a percentage and I win the appeal for right foot service
connection, then I might have to file another appeal if the RO gives me a lower percentage, and wait another 5 years for that appeal.
I'm unable to find any information on filing an appeal for service connection, and at the same time requesting a percentage.
Any information would be appreciated. Thanks
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,