Upcoming C&P exam

[capitan]

I was recently granted TDIU 100% P&T. Now I have a QTC C&P exam coming up. It is for 2 conditions which were not considered in the TDIU grant. Hypertension, and Hypothyroidism. Both are AO Presumptive. I'm SC for Hypothyroidism, but was only given 0%. The CFR says I should have got 30%. That looks like I could be getting backpay. Also that falls under Nehmer, which I think is why they are sending me to an exam. I had an exam for that in 2021, but they overlooked my symptoms on the DBQ. Also, Hypertension which I think is harder to win, and don't think I'm SC for that anyway. The Nehmer thing makes me think I could be getting backpay, which an attorney agrees. Anybody know?

[broncovet]

 

I agree with your statement: 

Quote

 

Hypertension, and Hypothyroidism. Both are AO Presumptive. I'm SC for Hypothyroidism, but was only given 0%. The CFR says I should have got 30%. That looks like I could be getting backpay. 

 

Without reviewing your file, this smells like a CUE to me, along with backpay.  But, that of course would take a review of your file to know for sure to even know if you qualify as a Nehmer Vet, but it sounds like you think you are, so you probably are.  But, there are almost always "gotcha's" in VA stuff, so you have to read the fine print.  

But, continue reading, as NVLSP may well represent you for free on this, and guide you much better than I could.  

You posted: 

Quote

The Nehmer thing makes me think I could be getting backpay, which an attorney agrees. Anybody know?

If an attorney reviewed your file and agrees you should get backpay, they are giving you a much better answer than we ever could, as we have not reviewed your file, so we really dont even know if you qualify as a Nehmer Vet.  

NVLSP, a non profit which represents Vets in certain cases, should be able to confirm this.  Further, if you are a Nehmer class Vet, they will likely represent you for nothing.  You can call them and discuss this "for zero cost to you", and I recommend you do just that.  

https://www.nvlsp.org/what-we-do/class-actions/nehmer-agent-orange-lawsuit

If NVLSP declines to represent you, then feel free to ask us for some specifics and we will answer what we can, the best we can.  But check with them.  

 

 

[brokensoldier244th]

Under PACT your hyper-t may be presumptive now. 

[capitan]

I went to a C&P exam. The lady Navy vet was very rude and unprofessional. A woman with 0 social skills like that should not be allowed to work with the public, much less vets, who deserve better. When I tried to show her the DBQ she erroneously recorded my hypothyroidism symptoms on two years earlier, she refused to look and it, and made me leave. Guess she didn't want to see the mistakes she made.  She told me I was only there for hypertension and took my BP. I was told by QTC I was there for both hypothyroidism and hypertension. I know the hypothyroidism is Nehmer. I know the CFR clearly says I should have gotten 30%, not 0. I had an attorney who got me the SC for Hypothyroidism. I think I will wait to she what the result of the exam is, then possibly contact the attorney and ask why I only got 0%. If he is still connected, since he took a cut from my TDIU P&T 100% grant, then maybe he will know anyway. He's pretty sharp and nothing gets by him.  I was told by the examiner he should have only taken a cut of my original cancer grant, so I was surprised he is still connected. Guess that's in the agreement I signed. Anyway, I don't care if he gets me some backpay and I can put this behind me.

[broncovet]

It sounds like you got a lawyer involved and he is apparently on top of it all.  

Hopefully you told him about your c and p exam as well as the rest of the stuff you mentioned.  

[capitan]

No I have not told him. I don't even know if he is involved. I'm waiting to hear the VA's decision. then if they still maintain my Hypothyroidism is rated 0, I will contact him.

[asdf]

I would have kicked you out of my office as well if you came in my office showing me stuff from 2 years ago.