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I recently submitted a supplemental claim for IU and sciatic nerve (bilateral) June 26, 2019 original claim was March 18, 2018. Denied 6/22/2018. By the way I think itmy decision was due to me hitting the, make a decision I’m tired of waiting button, on ebenefits probably not a good idea on my denied claim last year.
I had an c&p exam July 23, 2019 which went very well for me. I asked for a reexamination of the Sciatic nerve bc the previous C&P examiner did not exam me however, the VA lowered my rating (20% to 10% due to the exam, so they say, but it did not change my overall rating of 90%. However she did state I was incapable of sitting for long periods of time without discomfort and that I am unable to utilize my back excessively for employment. However the VA went on to say in their decision for denial “However you should be able to perform most sedentary occupational task with minimal accommodations Therefore your claim for IU is denied.” Isn’t their medical opinion a violation of 38 CFR policy? Why did they not take this medical opinion, they asked for as a determination for IU. And should they not include this as a reference along with new evidence. Keep reading below
Is it possible for them to dispute the July 23, 2019 exam. Can they over rule (the favorable sciatic nerve) that exam for a new one (upcoming exam)? What happens in the case of a toss up? What part of the 38 CFR policy are they violating then.
The new examiner however, pointed out some issues he asked me about regarding ED and urininary leakage that I never associated with my DDD, which I am rated 40% for. He even made a phone call (in my presence) to his supervisor as to where and if he could note this information on the DBQ form bc there was no space for it on the questionnaire. The supervisor advised him to make note of it on the form in which he did. When I called the 800# to inquire about it they said basically I will know the decision on the percentage once everything is complete, and that my claim was in the developing stage and it needed “secondary action”,but not on my part I was told that quote means internal action.
Why am I not having a C&P for ED or the Urinary leakage, or am I?
I have been rated at 90% since 2017, with some disabilities increased in that time. I never got a 21-8940 from the VA, is this a violation of 38 CFR?. Also, was I suppose to submit another 21-8940 with the new supplemental claim (they sent me another one and I filled it out and returned it). I submitted one last year and nothing has changed. I was terminated from my job as a police officer bc of my back and sciatic nerve disabilities, and haven’t been gainfully employed since. This was also something they know about from the last IU claim
Also I have a VA doctor who was my PCP stating due to my back condition which occured in the military should not be employed. Im in constant chronic pain. It has caused depression and other issues amongst my family. Which I have also addressed in my last IU claim. Why are they sending me to another C&P next Tuesday, Septemeber 10th, when it’s not needed (my opinion) there is no improvement in my back and the last exam didnt change from the previous one is this normal? I claimed sciatic nerve and IU on my supplemental claim to them with new evidence to review, such as SSA FULLY FAVORABLE LTR and a Insurance claim form that my now VA NP filled out for me that including patient unable to stoop, stand, bend, walk, sit so forth and so on with no improvement in site. I never mentioned any thing needed to be done to my back as far as looking at it or talking about it for them to ask for an exam this go round.
This questionaire that they sent me I already filled out once, so why am I getting it in my C&P packet from QTC to fill out again. The QTC rep who contacted me said that the VA sent them the claim as a new claim, but she saw in my medical records that I had a MRI and it showed the results were positive, amd that i was rated 40% for my back condition. She also said that she had to and did send it back to them for correction. So I asked her several times in front of a witness on the phone so your saying I only have to go to the exam for questions and notan exam and her reply several times were yes Mr. Xxxxx, bc you already have a rating and its not a new claim. Can anybody else describe there experience with a c&p where they only asked questions. Because i called a day later and they rep on the phone stated I am having an exam. Talk about mass confusuon.
I know the pain from my back causing nerves to react in my legs, but I’m sure the VA is either trying to find away to deny my IU, decrease my over all rating, or denying my back and radiculopathy rating in general. Any help in this situation will be much appreciated.
P.S. I don’t have a civilian PCP because I am not employed, I use the VA as my PCP for everything.
Sorry for the long paragraphs. The BEST SITE ON THE INTERNET is right here. Thanks to every who reads this, responses to it, offers thier opinion or advice in advance.
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I recently submitted a supplemental claim for IU and sciatic nerve (bilateral) June 26, 2019 original claim was March 18, 2018. Denied 6/22/2018. By the way I think itmy decision was due to me hitting the, make a decision Im tired of waiting button, on ebenefits probably not a good idea on my den...