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Request for increase evidence question

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LanceJoseph

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Hello All,

Been awhile since I have frequented the forums here and I have a question. I have recently requested for an increase on four service connected disabilities, these are left & right knee, lower back, and GERD. I have been scheduled for a C&P exam in the beginning of December and in the mean time I have been gathering evidence in the form of DBQ's, from two orthopedic physicians on my knees and lower back and also a buddy statement. My Question is should I go ahead and send this information to the intake center before my C&P or should I wait and submit it during my C&P exam? 

Additional Note: One of the doctors was more interested in diagnosing the issue instead of giving me a simple exam, She found that I have moderate osteoarthritis of the hips and believes this is what is causing most of my issues regarding my knees and lower back. She filled out a DBQ for the hip and thigh condition but being that this is not a condition that I have ever claimed or am even service-connected for, would it be wise to include this information with my evidence????

My current ratings

L & R knee = 10%

Gerd= 10%

Lower back= 10%

Edited by LanceJoseph
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Both, that way you don't have to worry about the c and p examiner forgetting or mixing it up with someone else's.

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(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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LanceJoseph

Agree with Broken. Submit it as an additional claim; it couldl be combined in your evaluation, probably at a second c&P but maybe not. But get it into your record before you got to your scheduled C&P. And, bring it with you when you go to your exam in December, and offer it to the examiner. It could be an opportunity to appeal later. Good luck.

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Definitely submit it now. You can take it with you to your C&P but some won't take it (I have had them say they are not allowed to accept anything), even if they do it does not mean they will submit it with your C&P. By submitting it now you know for sure it is part of your claim.

Good luck with the C&P 

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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Submit it now.  If you wait for the C and P exam, the examiner is supposed to have "reviewed your records", in advance.  No one can read my medical records in an hour, during an exam.  When you get an IMO, the VA often denies if the examiner does not state, "I reviewed the (Veterans) medical records".  

So, a c and p examiner, who is "presumed competent" to examine you surely knows he has to look at your records.  Most of the time the C and p examiner does not diagnose you, rather, he relies on your records and checks to see if other docs diagnosed you.  If you have nothing in your file pertaining to your condition, expect a c and p examiner to give an unfavorable report resulting in a denial.  The VA is looking for a chronic condition.  If you go to the examiner because you have a sprain (that will likely heal up in 2 weeks or less) then that is called an acute condition, as opposed to chronic, where you have had trouble with it for years.  

    Its okay to take it also to the c and p examers office, but I have heard Vets say they wont read them unless they are in your records.  

      You see, unfortunately, some Vets fake stuff..to include stuff like medical exams.  Well, if its in your VA records, the VA assumes you could not have manipulated those.  I never recommend faking anything, you are setting yourself up for a fall.  

Edited by broncovet
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36 minutes ago, broncovet said:

unfortunately, some Vets fake stuff..to include stuff like medical exams.

This is so sad but very true. Never submit fake evidence or claim ailments that you don't have. It's not worth it plus you will eventually be caught.

I am not an attorney or an a credited VA rep. These are my personal opinions and experiences, always remember what worked for me may not work for you.

You as the veteran are your own best advocate and no one knows your disabilities better than you. It is highly recommended that you as the veteran research and verify that any opinion given meets your specific situation.

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Go through your medical records for the 12 months prior to when you requested the increase. Compare them to the rating criteria for the conditions which you requested to be increased. If you meet the criteria, ensure the VA gets those records. This is important for claims increases because the VA can adjust the EED of each specific rating back to when you met the criteria up to 12 months before you filed. Because it is tough to go from 90% to 100%, if you are successful it could back the effective date up a bit and mean a bit more retro money for you.

Some additional information may be found on my blog entry:

 

 

Edited by Vync
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"If it's stupid but works, then it isn't stupid."
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Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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