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FDC 4 TDIU is C&P exam necessary

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Amazing Becky

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The Baltimore RO received my IU claim on 04/30/2019. It’s is an FDC and includes a DBQ from my therapist. Will I still need a c&p exam?The last one was done in 2016 and it was brutal. I’m hoping to avoid a repeat. Right now my claim is in Initial review. Has anyone had a claim that jumped from the Initial Review to Prep for Decision approval and how long did the whole process take?

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Becky, unfortunately you cannot argue that your inability to serve relates to inability to work.  I was discharged for a medical condition and my question was the same, "if I am too disabled to be in the military how am I able to work".  The VA will say that military is different than civilian life and the two do not correlate.

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  • HadIt.com Elder

Becky If you have been taking high blood pressure meds prescribed by the VA, then they had to have made a diagnosis and should be in your file. Look up diagnostic code 7101 for it and it tells you the amount of the disability based on the severity of your condition. The key is if you now take meds and it is now under control, unless you have adequate b p readings in your file, they could have you do a C&P and your readings will show much lower (because you are taking the meds, duh!) So see what you have for vitals in your str's. By the way, even if you get a 0%, that will give you coverage if you have other problems later, such as a stroke.

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@GeekySquid The C&P examiner is the one who mentioned the high blood pressure. I got a copy of the exam from the VA. The DBQ that was rated at 100% was done by a VA therapist that I’ve been seeing since 2016. When I say “according to the VA” I am referring to the decision that came in the mail. @vetquest thanks for letting me know.

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@GBArmy Thanks. I was originally diagnosed by a private doctor. I just started going to the VA this year and now get my meds thru them. My bp readings are being controlled with the medicine. So, does that mean if I file a claim for bp it will be denied because it’s controllable?

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43 minutes ago, Amazing Becky said:

When I say “according to the VA” I am referring to the decision that came in the mail.

@Amazing Becky

Okay, so based on getting an Official "decision letter" you got an Initial VA (Official) Rating for 100% PTSD and then for some reason on DRO you got dropped to 70% after a second C&P by a VA ordered C&P exam? Did you ever get a MONTHLY check for 100%? it would be about 3K for a single person.

This gets murky. A VA therapist that you have been seeing is typically NOT allowed to do your C&P, this is a VA rule and not 100%, however that Therapist has to be certified to do PTSD C&P exams for the VA. which means any DBQ might not be considered probative at the RO (which is wrong as a differing medical opinion puts them in Equipose, which the veteran eventually wins). 

with what you provided here, it sounds like you have a case for 100% Scheudlar rating, without all the docs there are unknown variables.

Once all the docs are in your hands scan and upload them. I mean all the decision letters, notifications, etc from the VA. Your C-file will take a couple months, but if those docs say what I believe you are saying your NOD can be done sooner rather than later to get this before the BVA (if necessary).

I suspect, if I am reading this right, if you NOD properly and specifically, the RO may reverse itself, mooting needing to go to the BVA.

Note that none of this applies this way if I am not understanding you properly.

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@GeekySquid My original claim was denied. The DRO rated me at 100% based on my therapist DBQ. My therapist didn’t perform my c&p exam. She just asked my questions in her office and filled out the DBQ. I will try and scan the first page which shows both ratings. I just emailed my VSO and asked if I can claim cue based on my originally at 100%. She said “Let's see what they say first - It is easier to see the results of a claim - then put in for an appeal based on an error”. So, I guess it is a waiting game.

 

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