FDC 4 TDIU is C&P exam necessary

[Amazing Becky]

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?

[Amazing Becky]

@GeekySquid Thanks. I talked to my VSO this morning. Once the notes are available she’ll let me know what it says. I won’t be able to get a full report from her. Also, I need it to file an SSDI claim.

[Amazing Becky]

@GeekySquid I had my c&p exam on May 18th. I uploaded my DD 214 and medical release form on June 5th. I’m hoping to have a decision soon. However, I looked on va.gov this past weekend and noticed a compensation claim opened up on May 31st. When I called the 1-800 on Monday I was told a C&P exam had previously been scheduled for sometime in May. This was put in the system before I filed my increase/IU claim. Will the VA use the C&P exam I just took or make me take another? If they use the recent exam will this help my increase/IU claim to be closed out soon. The estimated date for the new C&P exam is scheduled to be complete on June 12th which is next Wednesday.

Edited June 7, 2019 by Amazing Becky

[GeekySquid]

On 6/6/2019 at 7:55 AM, Amazing Becky said:

Will the VA use the C&P exam I just took or make me take another?

@Amazing Becky

I wish I could answer that, but anything I said would be a guess.

On 6/6/2019 at 7:55 AM, Amazing Becky said:

had my c&p exam on May 18th. I uploaded my DD 214 and medical release form on June 5th. I’m hoping to have a decision soon. However, I looked on va.gov this past weekend and noticed a compensation claim opened up on May 31st.

what was the claim for? who opened it if not you?

 

On 6/6/2019 at 7:55 AM, Amazing Becky said:

When I called the 1-800 on Monday I was told a C&P exam had previously been scheduled for sometime in May.

I am sorry I don't remember your details, could this C&P be a Review PTSD exam?  do a quick read of your last award letter and see what the review date is expected to be. it should be somewhere in there for a non P&T rating.

 

On 6/6/2019 at 7:55 AM, Amazing Becky said:

This was put in the system before I filed my increase/IU claim.

this means it is likely a planned Review. The review PTSD DBQ is a very specific DBQ and even the title says Review PTSD or some such wording. If you did NOT have that on the IU C&P then you will not be able to use it for this one.

That said IU is not a specific DBQ as IU is contingent on having a rating of 60 percent or more for some other specific claimed harm.

====bunch of speculation below this line.

Sorry I don't remember if you have any other ratings, so I will go by your profile which only lists PTSD and it is likely you are at  70 percent. If you are 70 percent it is likely that what you just had was a Review PTSD C&P.

If what you had was a Review PTSD C&P then send an IRIS request stating that and asking the RO if you need to do another one. I know they are not open on the weekend, but send it asap.

I suspect you will still have to attend, and if you have the other C&P bring it.

Also be aware that if what you did for IU was a Review PTSD DBQ, then having this new one done (assuming it is also a Review PTSD)  may end up with two opposing opinions. You might end up having to nod the rating decision if the two have opposite outcomes. Two medical opinions that differ are considered in equipose and that tie should go to the veteran but you may have to fight for it.

Another possible outcome assuming the above is that the RO bumps you to 100 percent schedular and moots your IU request. This would be good, but if your case includes a back date of IU payments then you will have to fight for that since you were due an EED on IU, then simply mooting the claim and making you schedular is actually taking away due compensation in the difference between your previous schedular rating and the IU for the period of time IU was applicable. This could be a considerable amount of money.

I really do wish I could be more helpful.

[Amazing Becky]

@GeekySquid thanks for the info you. The C&P I just had was for an increase. My claim is for increase/TDIU. I called Peggy and was told the exam I just had would be used for the re-evaluation and is scheduled to be finished on Tuesday. However, my original claim won’t be worked again until next Wednesday. Right now the estimated completion date is between July and September.

[GeekySquid]

2 hours ago, Amazing Becky said:

I called Peggy and was told the exam I just had would be used for the re-evaluation and is scheduled to be finished on Tuesday.

 

I am glad you got some sort of answer, but what you post begs a question or two.

If the exam you just had is to be used, have they cancelled the upcoming exam? did they tell you they were going to do that? It is important because "missing" C&P exams can and will be used against you.

What is this that you got Peggy to tell you that your re-evaluation is "scheduled to be finished on Tuesday"? Did they say just that? if so you got the Chattiest Peggy in the history of VA Peggy's.

I am really confused on your timeline and sequence. If your "original claim" won't be completed until to some unknown date between July and September, how could your "re-evaluation  claim be scheduled to finish on Tuesday"?

is the "original claim" as you call it here, the claim to increase?

If that is true then is what you call the "re-evaluation" is the C&P to justify the increase?

If so then I get your timeline a bit better.

No matter what I understand, you got answers from Peggy and more so than any person on the internet, Peggy and IRIS are the fonts of knowledge about the status of your claim.

I hope the results go the way you want them too. Let us know the outcomes

[Amazing Becky]

@GeekySquid I get your confusion b/c I’m confused by the whole thing. My claim for increase/TDIU was received on April 31, 2019. Then on May 30, 2019 an additional claim popped up with no real information listed other than sayin it is a claim for compensations. This week I saw an estimated complete date of June 11th. When I called Peggy they looked through some notes and said the VA was likely going to combine the two claims into one and use the C&P exam I had on May 18, 2019. This recent exam was for an increase and not TDIU. So, I think the re-evaluation is supposed to be closed out on Tuesday. My increase/TDIU claim is scheduled to be worked on again this Wednesday. I recently uploaded some documents the VA asked for, so I’m hoping it will be rated on sometime soon. I’m wondering if I am not rated at 100% will I need another C&P for the TDIU side of the claim.