Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    140%
    $2,108.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0

C&P exam question about thorasic spine & claim timelines


Question

I am a little confused, I have "psoriatic arthritis, also claimed as back condition" as my current and only rated condition 20%, which was from my initial claim 10 years ago.  They were submitted as 2 different items, "back pain" & "psoriatic arthritis" but combined.  Anyway, I submitted a claim in september for an increase to my P.A. and a few other new claims related to tgr P.A. and had C&Ps in November.  I have been waiting ever since with no updates, denials, deferrals, granted claims etc.  Last week I get a call for a contractor exam about my back.  I was a bit confused, about why I was having the exam but it is what it is so I went today.

The examiner said "you are not rated for a back condition, you have no official diagnosis for your back, it just says back pain."

"I don't know why you had an x-ray without a diagnosis, the x-ray said there was no arthritis in your back. So I don't know why they combine these as a single rating."

I am not entirely sure why I had this exam, it makes me a little nervous about all of this.  

1.) Any reasons my 5(in total including P.A. increase) claims would have no decisions made at all after nearly a year?

2.) Should I be prepared for bad news?  Is it likely they will just deny all of them because they have not done any grants approved?

3.) Has anyone had an issue like this they can shed some light?

4.) Assuming there are no further exams, is 4-6 weeks a good guess for a decision length from this C&P?

Link to post
Share on other sites
  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

The quickest thing  you could do is call Peggy (800- 827-1000) and see what they can tell you. The C&P examiner may be telling you that although they haven'y informed you, your claim for your back

I know that C/P exams are stressful at least for most of us.  Recently , I had a exam from a contractor for my right knee injury of 1975 which has been service connected for a torn meniscus since 1986

Recommended Posts

  • 0

I only have the initial claim from 2010 on e benefits.  I submitted a claim for an increase for my psoriatic arthritis (which apparently is combined w/ the back pain).  I will request it when I am able, this was a contractor and will not be available for awhile.  I submitted this claim in September and am waiting for my results.  I don't know how much longer it will be, I feel like it is never ending at this point (10 months).  I think part of the hang up is I am currently 20%, and I submitted simultaneously a claim for 2 dependents in the event I got any increase at all.

Would it be rated under the code 5237 Jbasser?

Link to post
Share on other sites
  • 0

I know that C/P exams are stressful at least for most of us.  Recently , I had a exam from a contractor for my right knee injury of 1975 which has been service connected for a torn meniscus since 1986. The  examiner (another NP )stated two things to me.. 1. you have over 100,000 pages in your c/p file, and I am not going to read it    2. She indicated there was no  record of a torn meniscus in my records  even after  she noted that I had surgical scars on my knee for a surgery in 1996 conducted at the VA in Fayetteville NC.   Her c/p exam resulted in a denial....  for an increase, and 0% for the scars

I have been trying to get a copy of the exam since Jan 2019 and still don't have it so I still have no idea what she wrote or why she wrote it.. but.. I still filed my NOD preserving the award date and indicated in the NOD that I may added reasons for disagreement after I receive a copy of the exam.  I  have been very successful in discrediting c/p exams were examiners did not do the job correctly. 

Just because an examiner recommends denial, it just means you appeal and wait a while longer. 

The point I am making is most of these contracted examiners have no idea how to properly conduct an exam for C/P purposes, even though they do attend some minimal  training.    

Under the new system I have had awards two weeks after the C/P exam they are getting  fast but that just means they make more mistakes

  • Thanks 1
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Ken Dillon
      On this pass Friday I had a C@P exam done at local VA hospital, would that exam results be in my health file on Blue Button? Or do I have to request that file?     Thank you, Ken
    • By Ken Dillon
      I hope someone could give me some advice,  I was rated at 40 percent disability,right lower extremity radiculopathy at 10 percent.degenerative disc disease with intervertebral disc syndrome (previously rated as degenerative disc disease, herniated lumbar disc) rate at 20 percent and bilateral tinnitus at 10 percent. and lumbar scar rated at 0.  In July of 2020 I had fusion surgery of L4 to S1.  I put in for rate increase for my scar, fusion, and rt leg Radiculopathy and last 100 percent temp disability I was out of work for 12 weeks. 
      Today on ebenefits found my total new rating of 60 percent  they increase my Rt Leg Radiculopathy to 20 percent I am guess for foot drop I have not and I use a cane to get around. No increase in rating for fusion ( QTC did not preform ROM test because I was 12 weeks post op) I received a 10 percent rating for surgery scar. and not a work on 100 percent temporary disability.
      My question is what do I do now. I still can not bend my back all, have pain in back and down the leg, I fell down the stairs at work, which I had statement from co-worker.
      Any ideas what I should do, or to proceed. 
      Thank you  Ken
       
    • By Ken Dillon
      I had a C@P exam for rate increase. The ex-Air Force doctor was great. Besides the original diagnostic codes, he added in other codes for problems he noticed during the exam. I had back fusion, he added in hip pain which i do, also Medium nerve along with sciatic  nerve and copper tunnel syndrome all of this is my rt side along with foot drop, what happens with claim when a doctor adds more to the claim. Thank you.
    • By Ken Dillon
      Back in July of this year I had Lumbar fusion from L4 to S1, I put in for increase in rating and temp 100 percent disability since I would be out of work for 3 months.  In the middle of Sept QTC schedule me a C@P exam, which I went to, the doctor said he could not measure my ROM because of my fusion. I can't move anyways even today.  Then today I was told I have to another C@P exam for the same issues. Is this normal? 
      Thanks Ken
    • By MaxMax
      Hi All -

      I am new to the community, just found you guys a few days ago, because I had concerns about my initial claims process.
      My question is:
      Which is better - telling the VA to pull my records, or give them the records and letters I have or will get?


      It has been eight years since I separated, and because of my mental health condition (depression, PTSD symptoms, anxiety) and just trying to fit into civilian life, I have been unable to begin my claims process. With the help of friends and family, I have now been able to do things like go through my military records (difficult process, emotionally), pull civilian records, and seek further assistance for my mental and physical health issues.

      I have been doing research over several online platforms with regards to how to go about supporting my claim. The VSO that I paired up with seems to be of the idea to just give my list of conditions to the VA along with consent to pull records, and give it to them from there. This seems to conflict with advice given in the communities, who would say that the claimant should just turn over relevant or full records, along with nexus/medical opinion letters from individual doctors. They would say this provides the best chance at an accurate and speedy outcome.

      I really can't bear the thought of being tied up with this claims process for another few years, because it already feels like it has been killing me for the last months/years. I want to be able to feel like I did it right the first time. 

      Also, on the mental health side, I really do not like the idea of giving the VA access to ALL of my mental health sessions and care, because it is very personal and much of it is unrelated to military life. 


      EDIT: I appreciate all these answers and am reviewing them. I think at this point I am leaning towards giving consent to access all records, as well as perhaps sending the full records on my own, along with my personal statements. My psychiatrist has requested that I basically give her my personal statement for her benefit, so she can review and get a full picture of the timeline and progression of the mental health side. I would like to have a letter from my my psych and therapist with the needed wording. 
       
  • Ads

  • Our picks

    • 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 
      • 10 replies
    • 5,10, 20 Rule
      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)
        • Thanks
        • Like
      • 53 replies
    • Post in New BVA Grants
      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.  
    • 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!
        • Like
      • 13 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines