I got my letter from the va

[Remisdad]

I was granted smc k, an auto allowance, & loss of use of left hand. Now I filed another claim at the same time as this one & it was a supplemental for my tdiu claim. In the letter for my claim increase it says tdiu is deferred for medical opinion. Did they combine my claim increase & my supplemental claim?  Also is a c&p examination not a medical opinion. My claim increase is also still at evidence gathering instead of closed. The lady at IRIS didn't understand why that was. Just trying to understand what the va is doing. Any opinions will be greatly appreciated thanks. 

[Dustoff1970]

A C&P exam is in fact a medical opinion by the examiner.  A TDIU claim is also a claim for increase usually.   Sounds like your supplemental claim is also your increase TDIU claim.

For example in 1998 I filed a claim for TDIU due to a previous terminated 50% PTSD rating and the VARO granted me an increase  to 70%PTSD along with the TDIU grant.  Later in 2000 this was made P&T TDIU at my request.

In other words when I filed for TDIU in 1998 I had a 0 or no rating for PTSD.  From 1985 to 91 I had 30% and 50% ratings for PTSD.

I recall using the TDIU form referred to I think then as Total Disability due to Individual Unemployability.  Don't remember the form number.

My statement on the TDIU claim as I recall among other contentions was that my Vietnam PTSD had worsened in recent years and I was unemployable due to this PTSD and needed assistance from the VA.  I had no VA recent medical treatment for PTSD from 91 to 99 and then only the VA C&P exam that was extremely helpful to my TDIU claim.

I of course included an extensive amount (copies) of previous VA medical and other Army record evidence to support my reopened claim for PTSD and also showed all this to the examiner.  I had no recent VA doctor treatment notes or opinions for support but only previous VA and Army medical records plus family doctor's old statement.

I have a BVA remand stuck in Gathering of Evidence status by VARO for a long time now.

Others will soon provide you with more advice.  Good luck

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited June 22, 2022 by Dustoff 11

[pacmanx1]

2 hours ago, Remisdad said:

I was granted SMC k, an auto allowance, & loss of use of left hand. Now I filed another claim at the same time as this one & it was a supplemental for my TDIU claim. In the letter for my claim increase it says TDIU is deferred for medical opinion. Did they combine my claim increase & my supplemental claim?  Also is a C & P examination not a medical opinion. My claim increase is also still at evidence gathering instead of closed. The lady at IRIS didn't understand why that was. Just trying to understand what the VA is doing. Any opinions will be greatly appreciated thanks. 

The VA in their wisdom granted you SMC K and an Auto Allowance but for whatever reason they decided to defer/hold your TDIU claim portion for a new C & P medical opinion. Even if you already have a medical opinion, they are requesting a new one. Just one of their games. 

[Whodat]

So if he already have an opinion, and is within a year, why would a c&p exam needs to be scheduled? 

[pacmanx1]

1 minute ago, Whodat said:

So, if he already has an opinion, and is within a year, why would a C & P exam need to be scheduled? 

I know this may not sound fair, but life is not fair, some veterans want to argue that a new exam may not be needed but the simplest and fastest way to get your benefits is to go to the new exam. Keep in mind, if the veteran already has a positive medical opinion and the VA request a new medical opinion that is negative, the veteran still wins. 

[Whodat]

I have seen some cases where it was a tie, the vet was suppose to win but didn't happen. 

[pacmanx1]

3 minutes ago, Whodat said:

I have seen some cases where it was a tie, the vet was supposed to win but didn't happen. 

Can't really say what happened but if appealed to the BVA or higher the veteran should have won, the claim becomes in relative equipoise.