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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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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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Kim Rice

Individual employability and the c&p exam

Question

On September 2018, I filed a claim for PTSD and was awarded 70 percent. I have been unable to work since September 2105 and thus filed an IU cla shortly after receiving 70 percent for PTSD. I had a C&P psych exam in October and have been scheduled for another C&P psych exam this month. My question is, why wasn't the psych exam used from October as it was less than six months ago.

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The short answer:  We dont know.

An exam for PTSD is not the same as an exam for TDIU.  Importantly, the TDIU exam needs a statement that you are unable to work due to sc conditions.  If the previous exam stated that, then maybe you have a legitimate gripe.  

However, many things can be missing from a c and p exam.  The examiner needs to give a medical rationale as to why he made said opinion.  

If you have ordered your cfile and there is evidence that your PTSD renders you unable to maintain SGE, then a c and p exam should be unnecessary and VA is "developing to deny", which they are not supposed to do.  

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On 3/15/2019 at 12:57 PM, broncovet said:

The short answer:  We dont know.

An exam for PTSD is not the same as an exam for TDIU.  Importantly, the TDIU exam needs a statement that you are unable to work due to sc conditions.  If the previous exam stated that, then maybe you have a legitimate gripe.  

However, many things can be missing from a c and p exam.  The examiner needs to give a medical rationale as to why he made said opinion.  

If you have ordered your cfile and there is evidence that your PTSD renders you unable to maintain SGE, then a c and p exam should be unnecessary and VA is "developing to deny", which they are not supposed to do.  

OK.  Thats it.  I should obtain a copy of my cfile.  I don't have that.  I was actually looking for paperwork from my Oct psych C&P and it is not located in my medical records. I contacted the contracted Dr. and was told they do not keep them on file.  I will  see about getting this cfile.  Thanks for your help

 

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