100% p&t exam

[SPO]

Starting a new thread to avoid confusion.  I was awarded 100% p&t on 12/1/2020, effective 7/7/2020 (date of last c&p).  However, in the decision letter it says they are scheduling exams to evaluate my current severity.   What is the point if I’m already 100% p&t. Are they just looking to take away what they just gave me?

[Carl the Engineer]

The VA has thier own rules.

Rule No. 1.  If you miss a VA C&P exam, we will f**k with your pay.  

With that said, the reason your POA is telling you to go is, because above ^^^^^^^^^^^^^.

And, you are trying to get them to act on a hypothetical.  And that is why you are getting various opinions here.  They are various, because we have all had our unique experiences.

Hamslice

 

 

[Mr cue]

Well I see what he is talking about with these exams.

And if us veterans don't press the issue they will be playing with many veterans rating.

I look on va.gov to make sure my remand was been send back to the board.

Well as you can see I withdraw the first set of increase claims.

And in remand they open increase rating claim for every condition I have.

This is a cavc remand for smc benfits. Smh 

U would think I have a appeal for increase rating for all my condition.

Not smc benfits.

They are not playing fair with this new comp exam system.

 

 

 

• Increased rating, Intervertebral disc syndrome

Remand

• Increased rating, special monthly compensation
• Increased rating, Chronic adjustment disorder
• Increased rating, Nonpsychotic emotional illness

 

Closed

Granted

• Effective date
• Effective date, rating

Withdrawn

• Increased rating, Spondylolisthesis or segmental instability
• Increased rating, Ulnar nerve paralysis

[pacmanx1]

On 12/20/2021 at 8:07 PM, deedub75 said:

I think anytime the VA is looking at current severity, it goes in as an increase exam. 

It's similar to when I've had surgeries and I've filed claims for temporary 100%. They automatically go in as a claim for an increase even though technically i didn't ask for an increase and I have to attend an increase C&P exam.

Yes, you may be correct. I am currently going through a remand appeal. While going through my records to submit new evidence, I found records for a different disability that I requested an EED (EARLIER EFFECTIVE DATE). I have been service connected for this disability and maxed out in rating for well over a decade. After I submitted all my evidence for my remand appeal the RO sent my remand back to the BVA.

I then filed a claim requesting an EED, but the RO reopened my claim as a claim for increase in compensation. When I went to my C & P exam, I asked the examiner why I was there and why did the RO schedule the examination. She informed me that it was for an increase in my service connection. I told her that I did not file a claim for an increase because I was already maxed out and had that rating for well over a decade and that I filed a claim for an EED. We talked and she looked through my records and told me that she could not find my evidence, so I gave her a copy that proved I was being treated and had a diagnosis long before the RO granted my effective date. I also told her that the RO has a rule that once the veteran has a disability service connected if the veteran or the RO finds evidence of additional records that were not considered that the RO would reopen the claim and re-adjudicate it. She got irritated that the RO was trying to manipulate her opinion by requesting her opinion on if my condition warrants an increase because I was not asking for an increase, I was just asking for an EED.

She told me not to worry and that she would not let the RO play games with her and that she would write my evidence that prove my claim. I waited to get a copy of her exam and she wrote an excellent opinion with an excellent rationale with my medical records. Even though I gave her a copy of my proof she went through my VAMC records and found all my records and appointments to prove that I was not only being treated but was diagnosed multiple times prior to my first denial. Of course, the RO ignored her opinion and rationale by continuing my current rating but at least it is all at the BVA waiting for a final decision. Even though I was assured that the RO would correct and grant this claim, I had no faith that they would, and they would deny my claim even though 38 U.S.C. 5100 and 38 C.F.R 3.400 and 38 C.F.R 3.156 it should be awarded by facts found.   

In fact, my BVA remand just granted me a 1998 effective date for a different rating, and this is where I got the idea that these two claims are very similar because I filed a claim, and it was denied but my VAMC records proved that I should have been awarded service connection long before the RO granted my effective date.