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I’m 70% And Temp 100% IU, Should I Fight to be Rated 100%?

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Snakes

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I’ll try to keep this as short as possible. About a year and a half ago I was awarded 70% total disabled rating for hearing loss, flexibility of wrist, and PTSD. They gave me IU bc my PTSD prevents me from being employed. I was also awarded Social Security after a long fight. Things have changed since then. I’ve been educating myself on how these things work and unfortunately I have found some new things out recently. My Dr. and I have talked and I have to go to the TBI clinic in my state and be evaluated. I had some minor head trauma recently and someone told me about TBI’s bc I displayed some of the symptoms after. Well not just some, over the years I’ve displayed like 70% of the symptoms. I didn’t even know what a TBI was until a couple weeks ago. I had some concussions while deployed. I had a missile blast, a fall from a tower that was about 20 ft off the ground, and a wreck. In short, I know from talking to ppl who’ve experienced it, they are going to diagnose me w TBI. I also believe it’s the root of a lot of my cognitive issues. I have a timeline of different times over the years I had trauma to the head, even when minor, that causes a list of symptoms. So this is what I’m wondering. Should I fight for my 100% P&T rating? I asked my local veterans affairs officer and she said I should not bc I am 100% through IU and I couldn’t get a better rating. She said she’s never seen anyone that is 100% IU get denied on their review. My social security was suppose to be temporary and I was suppose to get a review after a year. They must of lost me in the mix but I fear walking to the mailbox everyday and find a letter from them. Mostly bc I’m in such bad shape now. She scared me bc she said they could lower my rating and take away my IU. However, I believe what’s right is right. Just on my cognitive issues alone I should be rated 100% P&T. I’ve been diagnosed w/ PTSD, Generalized Anxiety, Panic Disorder, ADD, Major Depressive Disorder, and I take 5 different medications daily for my mental health. I don’t know what to do. Should I appeal the past decisions? They have been past a year now so is that a re-evaluation? Should I file these new TBIs I found out about? Oh I forgot, I also am having severe pain in my neck and back that I have never experienced before. Could be from these injuries. If I do win my 100% P&T and get better, can I earn a income that’s more than my SS monthly income? I would really like to know this bc that is my goal. To get better and feel like I’m being productive. I want to work I want to do something but I would also like something to fall back on bc in the past I just moved from one disaster to the next when it comes to work. I’ve read some other stories on here and understand the frustration. What should I do?  

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So I went to two exams w LHI, the contract company doing the exams now, it’s nothing like it use to be, they don’t have a set of questions they go down the list for u to answer and it’s more like a 10 min appt instead of an hour. They expect u to bring all the evidence and what u want to present, I went from 60% to 90% plus I get SMC for creative organ loss which I think is 200$ and something close to 300$ more a month, I’m still IU though, they also sent me the 10K life insurance. They denied a bunch of other claims I put in and didn’t even send me to an exam for so imma go talk to the VSO about it. I just wish I had that last 10% and I could be done w it all. Just gotta keep trying I guess 

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  • HadIt.com Elder

It's always a good Ideal for the Veteran to bring copes of his evidence to the C&P Exam...if the examiner just reads off the DBQ List and don't touch on some of the things your claiming or bring them up, when you get an opening to do so  just say excuse me sir/mam  do you have my medical record from Dr Smith?  giving his medical opinion on my condition as he mention I was worse  or whatever the case maybe...but the point is if you have a copy of this medical record with you  pull it out and show the examiner   if he don't have it in his/.her computer   then show it to them and ask it be put on record during this exam...the examiner should use it if its not in his computer and she it as evidence you presented at your C&P Exam.

or any other record the examiner don't cover.

so its always best to bring these copies with you  incase the examiner don't touch on them or say anything about it  you will have it.  there's nothing in the VA Rules that says you can't bring your evidence to a C&P EXAM and you can present them if the examiner does not mention anything about them   either way if he don't have them or he just don't comment on them...you kinda have the upper hand if you have them...and show them to him   have him to make copies  or just let him have yours and enter them  in as evidence at your C&P Exam.

Always make duplicate copies of your evidence of record...so you will always have them.

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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  • HadIt.com Elder

I agree with Buck. I always take critical evidence COPIES to my exam. I've had it both ways; usually it's "I already saw it in your file." Less often t "yes, I'll take a copy from you." After the exam I also jot down a few notes on the exam in case I need to bring them up later. So, in this case, I'd note that I gave a copy to the examiner.

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The C&P exams are not the same now, I agree bring everything w u, I did the first go round and the doctors told me they already had them on file and read over my file before I got there, so this time since I’ve been totally in the VA system I assumed they did the same, no not the case, I told them what was in my file and they said they would look later, I doubt they did, they’re just information recorders now and they send it to the VA to make a decision is what it felt like, 10 mins and ur out, they have their hands on the door ready to leave, so be mindful of that, I really wish I would’ve prepared more, one was virtual so idk how I would even present the info to him, I guess I can appeal and try and get more evidence, Its hard that I’m down to that last 10% but I guess all I can do is try 

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