Question on C&P Exam

[Wayne TX]

I was asked the question at my C&P Exam last week if I can "work".....I responded to Examiner that "I have been retired since 2011." I can't do any kind of standing more than 30 minutes or any physical work anymore (age 70) due to a non s/c condition of low back pain (lumbar/muscle degeneration, and arthritis all diagnosed - all well documented with VA for years.........it is the reason I had to retire 8 years ago but again not a s/c disability as it did not occur during active duty.    I am s/c for other disabilities  totaling 50%. but unrelated to lower back pain. Does the VA Rater take that into consideration when you say  "retired since 2011?   The  reason I ask is because the Examiner never asked another question about can you "work" after I said been retired since 2011.  I was not asked why have I been retired for the past 8 years....she went right into another totally unrelated question.  Has anyone answered this question with a NO, and then not be asked any more followup questions????   Just curious? 

Edited January 29, 2019 by Wayne TX
adding

[john999]

Maybe the doctor was fishing around to see if you were making a TDIU claim or a non-service connected pension claim.

[Buck52]

Wayne TX

You could have Answered the examiner question like this

Well Dr I Have not been able to work in the last 7 years since 2011 due to my disability s.....you don't need to mention IU Claim...and see what the examiner said to that?

[Buck52]

Also them examiner know why your there  they have excess to your files.

I had an examiner mention to me before he even started ask any questions  

''I See your hear for an Increase,'' I said yes sir...

[john999]

Yes, there is no shame in telling the doctor the truth.  If you were not there for an increase what would you be there for?  One exam doctor assumed that I was there to protect what I had.  I set him straight on that.  The VA doc was debating with himself as to my being entitled to 30% current rating and I was asking for 100%.

[vetquest]

Always tell the truth at a C&P.  If you lie they might not find out but you would be in a world of hurt if they do.  Honesty is the best policy.

[Wayne TX]

Vetquest......I told the truth and my medical evidence strongly supports my Appeal with two DBQ's and two IMO's .  John......I never brought up TDIU or made any claim for it to the examiner or anyone else.  Buck........in hindsight  I should have given a better answer instead of "I've been retired for 7 years" but my lower back pain is not s/c  (the reason) and  my actual s/c disabilities would not carry enough backbone to explain why I've been fully retired for 7 years.  What amazed me is that she did not ask why I've been retired for 7 years.   Why would VA ask that  kind of a question unless your filing for TDIU?    I personally know a Vet well who is scheduler rated under 100%  (60%) who works a full-time job earning 2x more income than his VA disability income. He told me it does not matter  -  if you can work you can still work - because a schedular rating is not TDUI.  I find it a bit hard to believe that a 100% schedular-rated Vet can work a full-time job and still draw a full disability check as well. Can anyone chime in on that as being correct? 

I am considering going to my RO to view my C&P exam results as they won't  be show up in the VA system anytime soon.  How long does it take usually for VES or QTS to get their  C & P reports sent to claimants' C-File?

I am in RAMP under HLR. How long do they normally take to reach a decision once the C&P Exam  has been done?  They're (ebenefits/myVethealth) saying an  estimated completion date could be up to July 30.......6 months??  That sounds excessive considering C&P is  now done.     

 

Edited January 29, 2019 by Wayne TX
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