New Claim Appeared Automatically

[MarineLCpl]

I logged into my VA.gov account today and noticed it said there was a claim for compensation started. I never filed a claim on my end. I’m not sure if it’s just coincidence, but there’s a few things that strike me. 
 

The claim is dated for today(June 30th, 2020). My last claim was July 1st, 2015 which was a re-evaluation. I was called for a C&P exam back then, can’t remember if it was before or after this date. 
 

So it’s been almost 5 years exactly, do you think this was automatically triggered by the VA to do a re-evaluation of my current status? I honestly can’t think of anything else it could be. 
 

One last thing, I submitted my taxes this morning also. I’m currently rated at 80%, but getting paid for TDIU. On my taxes, the only income there was to report was around 2k in hobby income, in which my expenses almost matched(few hundred dollars shy, I believe). 
 

I know I shouldn’t be as worried as I am, but the paranoia in me says that they saw this tiny bit of earned income and requested a re-eval. I can’t say for sure, the status of my generated claim says they’re still adding details and to check back. 
 

Any ideas or info on the matter is appreciated  

[MarineLCpl]

I called to schedule the video call, should happen sometime in the next week or two. They were very professional on the phone, as well as comforting, so all is well so far. I will keep everyone posted as the process moves along. 

[brokensoldier244th]

They are treated just like any other medical record and are restricted only to mh staff. We only see the notes, not the whole session, whether it’s tele or normal. It’s no different than any other medical records. 

[USMC_VET]

On 6/30/2020 at 7:30 PM, MarineLCpl said:

I logged into my VA.gov account today and noticed it said there was a claim for compensation started. I never filed a claim on my end. I’m not sure if it’s just coincidence, but there’s a few things that strike me. 
 

The claim is dated for today(June 30th, 2020). My last claim was July 1st, 2015 which was a re-evaluation. I was called for a C&P exam back then, can’t remember if it was before or after this date. 
 

So it’s been almost 5 years exactly, do you think this was automatically triggered by the VA to do a re-evaluation of my current status? I honestly can’t think of anything else it could be. 
 

One last thing, I submitted my taxes this morning also. I’m currently rated at 80%, but getting paid for TDIU. On my taxes, the only income there was to report was around 2k in hobby income, in which my expenses almost matched(few hundred dollars shy, I believe). 
 

I know I shouldn’t be as worried as I am, but the paranoia in me says that they saw this tiny bit of earned income and requested a re-eval. I can’t say for sure, the status of my generated claim says they’re still adding details and to check back. 
 

Any ideas or info on the matter is appreciated  

Very likely a 5 year exam as others have pointed out.

Go in and do it, the best advice ive heard is when you do these exams and answer questions is put yoruself in the mindset of the worst day you had recently in regards to symptoms and effects, dont talk about how you are feeling that minute especially if its a good day because the C&P is a snapshot that becomes how you have felt from your last exam to now, there is no nuance in it.  

No need to stress about it espeically before or after the exam.  IF IF IF they try and reduce you go back start getting your VA & private (if applicable) medical records and anywhere you talk about that disability put those pages (or print them) aside. Prior to the 5 year mark you can be reduced WITHOUT showing improvement over time. Then get a IMO doc to look at your records.  Look up the doc that did your C&P find out their bonafides and find a IMO doc that has more.  Then when you get the report back from them send it in with all the medical evidence.  I would also look at the specific C&P exam notes that led to the reduction and see what they wrote.  Then in a sworn statement explain if the doctor misunderstood and answer, maybe you were nervous and rushed it to get it done, maybe he left things out and paint a picture of why those answers dont lead to the conclusions he drew. 

in 2015 i was freaked out by being put in a psych wing at the VA for a C&P PTSD exam. i rushed through said (fine, good, etc) to get out of there and they tried to reduce me.  Obviously dont do that but my IMO along with explanation helped to get the VA to drop the reduction.

All that being said dont assume the worst, a reduction is just a maybe, not a guarantee so go in for the C&P and explain how bad it is and how it affects you

[MarineLCpl]

11 hours ago, USMC_VET said:

Very likely a 5 year exam as others have pointed out.

Go in and do it, the best advice ive heard is when you do these exams and answer questions is put yoruself in the mindset of the worst day you had recently in regards to symptoms and effects, dont talk about how you are feeling that minute especially if its a good day because the C&P is a snapshot that becomes how you have felt from your last exam to now, there is no nuance in it.  

No need to stress about it espeically before or after the exam.  IF IF IF they try and reduce you go back start getting your VA & private (if applicable) medical records and anywhere you talk about that disability put those pages (or print them) aside. Prior to the 5 year mark you can be reduced WITHOUT showing improvement over time. Then get a IMO doc to look at your records.  Look up the doc that did your C&P find out their bonafides and find a IMO doc that has more.  Then when you get the report back from them send it in with all the medical evidence.  I would also look at the specific C&P exam notes that led to the reduction and see what they wrote.  Then in a sworn statement explain if the doctor misunderstood and answer, maybe you were nervous and rushed it to get it done, maybe he left things out and paint a picture of why those answers dont lead to the conclusions he drew. 

in 2015 i was freaked out by being put in a psych wing at the VA for a C&P PTSD exam. i rushed through said (fine, good, etc) to get out of there and they tried to reduce me.  Obviously dont do that but my IMO along with explanation helped to get the VA to drop the reduction.

All that being said dont assume the worst, a reduction is just a maybe, not a guarantee so go in for the C&P and explain how bad it is and how it affects you

Yes, a 5-year is my best guess since it’s only 1 day apart from my last C&P 5 years ago. Many others are aligning with your opinion on how to approach it. This isn’t my first, so I know a little of what to expect. This time around will be a video call due to Covid restrictions through a contracted company(LHI, I believe). That worries me a little bit bc I’ve always been awkward about video chatting...but, I’m sure it won’t be much different from the in-person exam. Both my SC conditions have been in effect for 10+ years now, so I understand they would have to present pretty compelling evidence to say my conditions have improved substantially..they haven’t, and if anything, have stayed the same or gotten worse. Certain aspects better, some worse sorta thing. I plan to give them a more general view instead of citing my feelings on that particular day...the only thing that worries me is how my social worker words her notes...she tends to solely add comments about areas I’ve improved on and doesn’t document many recurring issues that are a part of that same conversation. I also know they can’t reduce me based on one bad C&P, so that elevates a bit of pressure. I’m preparing for the worse, but trying to keep a positive mindset.

Edited July 3, 2020 by MarineLCpl

[scienter]

On 7/1/2020 at 12:04 PM, brokensoldier244th said:

I can empathize with that, but there has to be a record the exam- at least if its recorded its subject to discovery later. Its not like VA is just going to take a veterans word for it that they are disabled and hand out money. There do have to be controls. Its not any different than SSA, other than its a whole lot easier to get based on the standards applied vs SSA. 

SSA is far better- certainly time wise. You don't have to wait for years. The hearings with SSA are before a Federal Administrative Law Judge separate from SS, as opposed to the BVA which is part of the VA. Not only that SS appeals take about 8 months, and you can view your SS file including medical records online. And you can appeal a SS appeals decision to the Federal District Court which you can't with the DVA system; you can file with the Court of Appeals for Veterans claims on a BVA decision, and, if necessary to the Federal Circuit for the Federal Circuit. I have been in both systems and there's no comparison; SSA is far superior in my view.

[brokensoldier244th]

perhaps for you- my appeal took 2 yrs with SSA, with a lawyer, when I was already 100% with VA, and I still lost my SSA appeal- apparently counting chickens in a pen or something is a thing- 'cause thats what the Occupational person testified that I could probably do. That, and the judge wrote that my periodic filings for increases over 15 yrs constituted a "reliance on federal benefits...." after Voc said that I was not eligible for employment services at the time due to being unemployable. *shrug* Ive only had to appeal 1 finding with VA, and it was my own fault for submitting before I was sure I had all the evidence that I needed. Other than my first claim in 2002, I have filed all my own VA claims, successfully, except for that 1 appeal, and that only took about 8 months to resolve. SSA, in total, took 3 years for application, denial, appeal, denial, then appeal with a lawyer.