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Now there are 4 opinions/DBQs

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spirit_grt

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spirit_grt

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Doctors treating me for years say PTSD, MDD, GAD and Social Phobia.  Filed DBQ saying such.  Primary, PTSD.

1st C&P, all was confirmed, PTSD as primary, doctor put at 100%.

2nd C&P, talked to me for 10 mins, filed DBQ saying nothing wrong with me.  VA rejected saying basically,  bullshit.

3rd C&P, done by just review of records./files, DBQ says MDD.  

My question, and I know it will just be opinions, how do you think it will be ruled?  Granted, benefit of doubt "should" go to me, but how often does it?  Will they grant, or punt and I have to go back to judge?  How often, in this situation, do you think they grant without having to appeal again?

Yeah, I'm just burning off anxiety by asking, but I'm hoping someone might have a solid opinion.  

Thanks to all.

Gene

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spirit_grt

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Logged in for my exam, xxxxxxx didn't show up.  Lawyer checked and it was canceled.  New appointment set already for next monday, with a different doctor.  If this one gets canceled I will be tempted to refuse any more.

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1 hour ago, spirit_grt said:

Logged in for my exam, xxxxxxx didn't show up.  Lawyer checked and it was canceled.  New appointment set already for next monday, with a different doctor.  If this one gets canceled I will be tempted to refuse any more.

Don't do that no matter how frustrated you get. I used the waiver I posted in this thread and told 800 Bettey that I waived the C & P exam and told the contractor that I waived the exam. The RO rater refused to rate my wrist because they claimed I refused to go to the exam. (even though I had my own IMO and DBQ's.) I will call a QUE claim on them. I am working on a more importin time sensitive one now but it's on the list.

I would call the WH Hotline EVERY day until you get an answer out of them it will put a stop to the BS.

Download the file I posted on page 2 of the thread. I want you to show it to your attorney most don't know about this. If you have problems let me know via PM and I will PM you with a copy of the waiver.

 

White House VA Hotline: 1-855-948-2311. Calls are answered by a live agent 24 hours a day, seven days a week, 365 days a year. The hotline is staffed by more than 60 agents who have had extensive training on VA programs and services. Most of these agents are a Veteran, military family member, caregiver or a survivor.

 

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spirit_grt Enthusiast

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I'm not giving up.  Tempted sometimes, but not going to start giving up this late in age.  

Optum has new exam set up already.  Monday.  Didn't ask me about it this time, just told me.  I decided not to protest so I can get it over with.  Lawyer filed a complaint for me with VA over the doctor not showing up for last exam.  Got a call and email from a guy in DC with "Management Analyst, Inquiries & Internal Training-Medical Disability Examination Office about it.  Don't know what good the complaint does but guess it just adds to the list of complaints.  

Yeah, I would but...not able to make phone calls.  Can get them, can send texts/emails, but can not make a call.  One of the things VA has been treating me for is Social Phobia.  Don't bother trying to understand how it affects a person.  Only a person with it or a well trained shrink can understand.  

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The complaint "should" go a long way to getting the docs removed from the C & P list. It should also help in discrediting his exams in the record. I don't know if this person wants it published in the open forum but I know someone with agoraphobia and can't leave the house.  Once you get rated you should qualify SMC S.

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relatively happy camper Enthusiast

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On 8/20/2024 at 7:20 PM, spirit_grt said:

Logged in for my exam, xxxxxxx didn't show up.  Lawyer checked and it was canceled.  New appointment set already for next monday, with a different doctor.  If this one gets canceled I will be tempted to refuse any more.

If you arrived at the VA, or wherever your appointment was, make sure you get travel pay.  They try to deny but you made the trip, so they have to pay.  Also never not show up for an exam, as it gives them another reason to deny your claim(s).

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On 8/16/2024 at 12:20 PM, john999 said:

Yeah, I started at 10% in 1973.  Over the years I went to 30% then 70% TDIU and finally 100% with "S" . This took almost 50 years to get to this point.  I made a horrible mistake when I did not appeal the 10% rating. I did appeal all the rest.  I worked for 30 years up until the time I lost my job and filed for TDIU.  That was 23 years ago.  I really had no idea what I was doing and VFW and DAV did not help one bit.   I got smarter when I dialed into Hadit in 2002 and heard about TDIU for the first time.

John - I'd file a cue on the 10% award, even now.  You could win!  jmo  🙂

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