Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Help with C&P undoubtedly upcoming again

Rate this question


PaulNY

Question

Hello everyone, newbie here.

So, I filed my claim on 10/25/20 and listed PTSD, Hearing, and Sleep Apnea.  To make a long story short, last week I was rated 10% tinnitus, 0% sleep apnea, and PTSD "deferred".  Interestingly, the VSR added "high blood pressure" as a disability only to deny it two days later once a decision was made on the hearing and sleep apnea.  Has that happend to anyone else?  Also, I have researched "deferred" a little and since my claim has now went back to reviewing evidence the past few days to now gathering evidence today, can I assume another C&P exam is coming my way?

Also, my Dr. wrote an incredible nexus letter and rebuttal letter to contest the first C&P exam which was horribly done by the LHI 3rd party examiner.  But, I guess the VA doesn't care about board certified, licensed psychatrists.  Admittedly, I am pretty anal and prepared my claim with tons of lay statements, Doctor and medical records, nexus statements for my sleep apnea, and two different psychiatrists writing letters on my behalf.  Yet, I still only have 10% to show for it so far.  

Thoughts and advice moving forward for the next C&P which I can only assume is going to be scheduled very soon?  How do I respond to the 0% sleep apnea and 0% high blood pressure ratings?

Thanks everyone for any advice you can give.

Paul

Link to comment
Share on other sites

1 answer to this question

Recommended Posts

  • 0
  • Moderator

Welcome to hadit!  

I suggest you focus on the Caluza Triangle, making sure you have diagnosis, in service event, and nexus.  

Did you receive a VARO decision?  If so, you need to decide whether or not to file a nod and appeal it.  (likely).  You can appeal anything except "deferred" issues.  You need to wait for the envelope, however, if you are basing your comments on ebenefits/va.gov, or what your VSO told you.  

As far as your C and P, you want to be honest, of course, but I like to have a good answer to the question:

How are you today?

Some prep here is a good idea.  Not recommended is the proverbial, "fine how are you sir?"  Reason: you will be backpedaling the whole exam trying to explain why you told him you are "fine" then later talking about disabilities.  

Therefore, better answer: 
 

"Much better, today, doctor.  Last Thursday (fill in here your worst day), I.....now describe what happened on your worst day.  "

Be honest, but dont minimize or exaggerate it.  'This is not the time to suck it up and pretend nothing is wrong if your wife left you because you got violent and kicked her when she awoke you from a night terrror, for example.  Use real examples from your own life, not my examples.  

It sounds like you have the right idea.  Hang in there, dont be discouraged if one or more things denied, and appeal even tho it always takes longer than you think

Never give up and settle for less than you are worth.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use