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Another new one for me. Just got the call from "LHI Care" (?). All my previous exams have been done at the VA hospital.
The good. They are scheduling the C&P thirty minutes from my home. The place doing the exam is the same place where I had my rehab for my plantar fasciitis a few years back.
The bad. I have never done a contracted exam before (so at least I will know what you Veterans are always talking about).
The ugly. I am schedule for lower back, spine, shoulder/arm, esophagus and hiatal hernia. This place had no doctors, just physical therapists, so not too comfortable on the Barrett's Esophagus/Hiatal Hernia part of the exam...
I took a quick search of LHI in Hadit, and see they look like a 50/50 satisfaction rating, LOL.
Any suggestions are appreciated,
I will be studying the associated DBQ's before hand, and taking copies of my medical records with.
I just had my PTSD C&P exam/evaluation and have a few AAR points and questions. This exam was for an increase to an existing rating. My LHI paperwork said "Appointment length up to: 90 minutes or more *exam length varies based on evidence that presents itself during the examination." My appointment took less than an hour and this includes the time I spent to fill out the following questionnaires: PCL-5 with Criterion A, Roche Inventory and Beck Anxiety Inventory. This was 5 pages of questionnaire that probably took me 10-12 minutes to complete. I took pictures of what I filled out so I have a record. The actual exam where the examiner asked me questions felt like it was 40-50 minutes. I felt the examination was rushed because as I was elaborating on something the examiner would cut me off and tell me that she had to move on to the next thing. At the end as I was answering I question she cut me off and she told me that's all the time we have. Also toward the end she said 'I think you need medication'. I don't take anti-depression meds and explained to her why. Is this something an evaluator should be recommending? Has anyone else felt rushed? Why didn't she use 90 minutes or more and just cut me off? She was clearly authorized to use as much time as she needed based on what evidence was presented. She also asked me about my alcohol consumption? Is this appropriate to ask? After I explained how and when I consume alcohol she says 'so you binge drink'. Should I document all this to LHI? Will LHI send me her evaluation if I request it?
What is advisable to do following the receipt of this letter of proposed reduction in disability rates?
After 3 1/2 years and just visiting an outside, C&P doctor, (QTC Medical), I received a letter from the VA to reduce my 100% temporary disability. 3 1/2 years ago I underwent a radical prostatectomy, (surgery removing all they could find of prostate cancer). A week after visiting this outside doctor that the VA ordered, came this reduction letter. When I read the conditions under which the VA can reduce a disability it reads as follows:
1. The VA must determine whether there has been an actual change in the disability since the last rating decision.
Prior to surgery my PSA reading reached a high of 5.6 and for the last 3 1/2 years there has been only the very slightest of changes varying from >0.10 and <0.10 and nothing more or less than these numbers and symbols on myhealthevet.
2. The VA must determine whether there has been an actual change in the disability since the last rating decision
Again, only the slightest changes, as above, have occurred since my surgery
3. The VA must outline the time period during which the condition is said to have materially improved
I cannot find in their letter any specific range of time for improvement. Directly below is their letter in full without actual dollar amounts:
We have enclosed a copy of our rating decision for your review. It provides a detailed explanation about our proposal, the reason for it, and the evidence considered.
We have reviewed medical records concerning your service-connected conditions and noted some improvement in your Malignant growth of genitourinary system. Based on this evidence,we are preparing to reduce your prior evaluation of its overall disabling effect. The combined evaluation for all of your service-connected disabilities will drop from 100% to 50%. This proposed action does not affect your entitlement to treatment for service-connected conditions. We propose to reduce your monthly rate of compensation from $$$$ to $$.
We have reviewed medical records concerning your service-connected disabilities and noted some improvement. We propose to reduce our evaluations of the disabling effects for conditions as follows
Malignant growth of genitourinary system 100% 40%
Please keep in mind I have a 5" scar, which was re-measured at this outside C&P exam, ED and incontinence at 5-6 Depends daily and the same number of bathroom visits nightly.
What's my next step? If I've missed anything just ask please
I’m currently rated at 50% for ptsd and anxiety. This C&P exam is for a ratings increase, insomnia, drug abuse disorder, and IU
a. Does the veteran now have or has he ever been diagnosed with a mental disorder?
icd code: f43.8
if the the veteran currently has one or more mental disorders that conform to dsm-5 criteria, provide all diagnoses:
#1 other specified trauma and stressor related disorder. Icd code f43.8
#2 cannabis use disorder, moderate icd code f12.12
2. differentiation of symptoms
a. Does the veteran have more than one mental disorder diagnosed?
b. Is it possible to differentiate what symptoms are attributable to each diagnosis?
Which of the following best summarizes the veterans level of occupational and social impairment with regards to all mental diagnoses?
[x] occupational and social impairment with reduced reliability and productivity
b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder?
For VA rating purposes, check all symptoms that actively apply to the veteran’s diagnosis:
[x]panic attacks more than once a week
[x]chronic sleep impairment
[x]difficulty in establishing and maintaining effective work and social relationships
[x]Difficulty in adapting to stressful circumstances, including work or a work like setting
There is much more to the file I left out somethings that I didn’t think were as important in order to save time. If needed I can answer questions or enter whatever else is needed. I know the VA doesn’t think like we do and any opinions given are just that but would still be greatly appreciated . Thanks in advance for any and all reply’s
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,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
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,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)
broncovet posted an answer to a question,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.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,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!
Joey Ross posted an answer to a question,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,
Picked ByJoey Ross,