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?

[SPO]

I have it in writing.  It says they want exams to evaluate currEnt severity.

[Mr cue]

I understand what u are saying.

And it's an error 

How do a veteran get granted a issue  not even 8 days ago.

And now they want a exam to see how the condition is doing. Smh

Did u get a copy of the notification letter or the award letter for the granted.

If not it not process. Yet

call 1800 and get all letters fax over. You don't have to wait 7 10 business day anymore.

See if they did the letters for the grant.

I would not just sit back and let them do it.

My advice is get stuff In the record and you have to go to the exam.

Don't give them that ammo 

But I would put thing in the record before the exam.

Good luck

 

 

 

 

 

 

[Mr cue]

Last If the letters are not process yet.

I would call the comp exam company an ask them to reschedule family car anything problem

I would try to push the exam out until they give me the award letter and notification letter.

Play games like them 

 

 

 

 

 

 

 

 

 

[pwrslm]

No. 

The date of the award is already established. It was not deferred.

"A noncompensable evaluation is assigned from November 16, 2018.
We have assigned a noncompensable evaluation for your psoriatic arthritis of the left shoulder based on:
• Objective evidence of rheumatoid arthritis without evidence of limited or painful motion (38 CFR 4.31)
Note: In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. {38 CFR §4.31}"

Psoriatic arthritis is painful, and as I said above, should probably have been given a minimum compensable rating (10%) from the date of the claim (11/2018) or up to 1 year earlier if pain is documented in the record. The record needs to be gone over to see if he makes any complaints about pain to his PCP or the C&P examiner. Documentation of the nature of the pain caused by this condition in medical treatise would also benefit this for an EED.

Painful Motion (§4.59): This is the most commonly used principle. Basically, regardless of how much the service member can move their knee (or any joint), if it hurts when they move it, then they will get at least the lowest Compensable rating for the knee–for example, 10% (money) instead of 0% (no money).

Edited December 9, 2021 by pwrslm

[Mr cue]

My bad I thought he stated they granted the 100% Dec 2021.

Still make no sense to be doing a exam on a issue granted 100% a year ago.

When the exams should be based on the defer issues.

 

[pacmanx1]

1 hour ago, pwrslm said:

The date of the award is already established. It was not deferred.

Your post stops a little short, keep in mind that these are multiple decisions both a BVA grant and a VA rating. All the claims were not rated, deferred for exam to assign rating percentage.

A higher evaluation of 40 percent is not warranted unless there is evidence of symptom combinations productive of impaired health objectively supported by examination findings or incapacitating exacerbations occurring three or more times a year. (38 CFR 4.45, 38 CFR 4.71a)
A VA examination will be schedule to assist us in obtaining an accurate assessment regarding the current severity of your service-connected condition.
Laws and Regulations applicable to this issue:
38 CFR §3.1 Definitions.
38 CFR §3.155 How to file a claim.
38 CFR §3.159 Department of Veterans Affairs assistance in developing claims.
38 CFR §3.303 Principles relating to service connection.
38 CFR §3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
38 CFR §3.400 Effective Dates - General.
38 CFR §3.2500 Review of decisions.
38 CFR §3.2502 Return by higher-level adjudicator or remand by the Board of Veterans' Appeals.
38 CFR §4.10 Functional impairment.
38 CFR §4.40 Functional loss.
38 CFR §4.45 The joints.
38 CFR §4.59 Painful motion.
38 CFR §4.71a Schedule of ratings-musculoskeletal system.

Edited December 9, 2021 by pacmanx1