Extra schedular ratings under
How can I get an extra schedular rating?
To receive an extra schedular rating the veteran
must first show that the veteran’s
conditions result in a disability picture
that is not covered by the schedule of ratings.
C&P Service Clinician’s Guide
Scheduled For A C & P??? Filing A Claim?
This is a must read for you!!!
I've been posting this again and again over the years
and it's still one of the best ways I know to win
your case. Published in 2002 the principles and much of
the verbiage still applies and is in daily use at the VA.
The Law Offices of David Anaise, MD JD
Board Certified Physician/Surgeon Accredited Veterans Law Attorney
Military Veteran
DRO, BVA, CAVC Appeals Nexus Letters
Independent Medical Opinions
Has Your Claim Been Denied? Do you need an IMO or a DBQ?
You'll need to speak with an expert physician and then a veterans law attorney.
Why not speak with both at the same time?
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§4.2 Interpretation of examination reports.
Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes.
Have you been scheduled for a C & P exam?
This may be the most important information you'll read today. Take your time, read everything here carefully. Then read it again.
We have tried to arrange this in a way that it will make a very complex topic easy to understand. However, it remains a complex topic and you must put a lot of effort into understanding how the C & P process works.
You will find links to other pages. Follow those and learn all you can. Many of the links you see will take you to the definition of that word. Other links may take you to pages where you can read the federal regulations that support the C & P exam.
Understanding the complex jargon is important. Take your time and read these things thoroughly. The C & P exam may make the difference between a high rating and a smoother path to the benefit you deserve.
Gregory M. Rada - A Veteran for Veterans
Focusing on appeals involving psychiatric conditions
and/or individual unemployability (TDIU)
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Thomas J. Seiter, Jr., M.D.
Independent Medical Opinions
Disability Benefit Questionnaires (DBQ's)
Service & Civilian Medical Record Reviews
Nexus Letters
Compensation and Pension Examinations
The VA C & P Exam
Veterans Psych Evaluations
Brett Valette, Ph.D.
As an expert in psychological evaluations, Dr. Valette
provides Independent Medical Evaluations (IME),
Independent Medical Opinions (IMO), nexus letters,
ratings reviews for all psychological conditions.
Some Wounds Can't Be Seen
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INTRODUCTION TO COMPENSATION AND PENSION
Purpose of the Clinician’s Guide
This guide is designed to assist clinicians when performing compensation and pension (C&P) examinations. Since C&P examinations differ markedly from traditional medical examinations, special clinician guidance is required. This guide provides information for performing examinations that meet the requirements of the federal law.
Since the federal law (rating schedule) is written in legal language, it is often misinterpreted by clinicians. This guide, therefore, bridges this gap and explains the law in clinical terms.
Both this Guide and the worksheets should be utilized when performing C&P examinations.
Craig Bash M.D., MBA
The Veterans Medical Advisor
If you are an honorably discharged veteran, you served your country well and
you earned certain benefits. Sad to say, sometimes it can be difficult for the
veteran to obtain the earned benefits guaranteed by law. Veterans need a
recognized medical expert who knows the VA system. As a disabled veteran himself
and a respected, board certified physician, Dr. Bash fits the need—and adds
even further insight as a VA-accredited service organization representative.
Call 925-381-7561 Email drbash@doctor.com
Veterans PTSD Assessments
Independent Medical Opinions PTSD DBQs
Thomas Grieder, MD, PhD
Twenty five years service as a VA psychiatrist
Assistant Professor and Associate Clinical Professor
UCLA Department of Psychiatry and Biobehavioral Sciences
Lead psychiatrist for the East Los Angeles PTSD Clinical Team
Contact Dr. Greider
Compensation & Pension Examinations
When you are ordered to attend a C & P examination, you must attend. Failure to show up is likely to terminate your application for benefits immediately or cause significant delay.
Don't reschedule the exam, even if it isn't convenient for you! It doesn't matter if you don't understand why you are scheduled for a C&P exam. That isn't important.
You must attend and you must understand how the process works. The C & P exam is usually done by a health care professional who works for a company that is a contractor to the VHA. We call these people C& P Examiners.
The C & P Examiner does not make the decision about your claim!
The Ratings Veterans Services Representative (RVSR) is a primary decision maker of the outcome of your claim for VA disability compensation benefits. Once the veteran has filed for the compensation benefit a folder or file is created and data (called evidence) is added to the file for consideration by the RVSR.
The condition you claimed will likely have some past evidence in the form of a Service Medical Record (SMR) or records of diagnosis and treatment from civilian providers.
No matter the amount of evidence you have, it's likely that the Veterans Service Representative (VSR) or the RVSR will request that a VA contractor perform a C & P exam on you.
The C & P examiner will not treat you or order any medications. Lab work, x-rays and other such studies may be ordered by the C & P examiner.The depth of the examination is determined by order of the VSR or the RVSR and is included in the request for examination. When you have filed a claim or VA has decided to review the status of your condition, the VSR completes an order to have you attend a C & P exam. The order is very specific as to exactly what the VSR believes should be examined. If you have claimed a condition of your left leg, the C & P examiner will only address issues about your left leg.
The examiner has no authority to go beyond what is ordered by the VSR. Frequently the examiner will not have your medical records or any other history available. That is often the case when the VSR only wishes to determine the degree of function of a joint, as in a knee injury.In that instance, the examiner won't consider that the history or treatments over time is of any particular importance. She or he will only be looking for the physical effects that are observable and measurable at that moment. The knee may be flexed and
rotated so that the examiner can record those motions for comparison to the norm.
If there is scarring, crepitus (joint noise), swelling or redness, all of that will be noted in a report. In other cases, the VSR or RVSR may request that the examiner give the medical record a very thorough review to determine whether or not a condition originated in the time of military service. A claimed back injury may have a reference of a similar injury in the SMR of 30 years prior to the date of the claim. The examiner will be asked for an opinion that will state that the condition of today is or is not likely to have resulted from the injury in the SMR or if it is a condition that is of different origin and likely happened long after the ETS.
This is sometimes referred to as a nexus letter and may connect the condition you allege today with an event that happened many years ago.
QTC is a contractor that does C & P exams for the VA.
QTC is the largest private provider of government-outsourced occupational health and disability examination services in the nation. Avoid the Fiduciary Trap
Be aware that during any C & P examination you may be asked about how you handle your finances.
The examiner may seem casual as you're asked about who pays the bills at your house. The wrong answer will see VA proposing to appoint you a fiduciary because of your "incompetence". If you are capable of managing your money and paying your bills, say that clearly. If the examiner has any reason to doubt you, you may be caught up in the VA fiduciary web.
Separating Fact From Fiction
The Must Do & Must Not Do of the C & P Exam
* The examiner does not make the decision about your claim.
* You may take records with you but the examiner may refuse them.
* The examiner won't treat you or prescribe medicines.
* NEVER try to fake any symptom. If you aren't prescribed a neck brace, don't wear one.
* The examiner will only perform the task assigned by an order of the regional office.
* You do not have to allow the examiner to cause you pain or discomfort during the exam by manipulating joints, etc.
* The examiner does not have any insight about how your claim will be decided. Don't ask.
* You may request that a family member or friend join you during the exam. The examiner may agree or refuse your request.
* DO NOT attempt to secretly record any part of the exam.
* DO make notes for yourself before you go. This is the only way you'll be sure to tell the examiner all the details you want to share.
* DO NOT over-exert yourself trying to please the examiner. This exam is about your worst symptoms, not the best.
* DO be courteous at all times. Don't complain to the examiner about all the indignities you've suffered. Focus on the reason you're there.
* DO use your common sense. This exam probably won't make or break the decision about your claim but it can help.
If you are scheduled for a C & P exam, you must attend.
If you believe that a mistake has been made in scheduling your exam, you may argue that with VA after the exam is finished.
If you don't attend an exam, VA will default to whatever action was being considered when the exam was scheduled. That is rarely going to be in your favor.
Even if it's a surprise and very short notice, we advise that you show up promptly regardless. If you don't go to your exam, be aware that you may quickly lose benefits.
Compensation and Pension Examinations - All you ever wanted to know about the C & P exam.
VAWatchdog knows that the C & P exam produces more anxiety than any other of the steps during the claims process. Understanding how the C & P exam works is vital to winning your claim. You must take time from your schedule to read this page carefully...and then read it again. What you'll learn here today may make the difference in winning or losing.
Nobody will do this for you. DIY and win your claim.
How Divorce, Alimony, and Child Support
Affect Veterans' VA Benefits
VA benefits can be garnished only for spousal
or child support, and only under certain conditions.
How to file a VA disability claim
Find out how to file a claim for disability compensation
or increased disability compensation.
Veteran Disability Claims: Nexus and IMO Letters
To meet the nexus requirement, the veteran must have an evaluation by a physician that will establish that the veteran is indeed disabled and also that his disability is as likely as not caused by his military service. There are two methods used to establish such a nexus; one is independent medical examination and the other is independent medical opinion.
Your 2020 Guide to Social Security Benefits
Whether you’re claiming Social Security in 2020, have been collecting benefits for years, or are still decades away, here’s what you need to know about this critically important retirement program.
your disability claim
If you’ve filed a claim for disability compensation, you can continue uploading more evidence for up to one year to support your claim. Evidence may include supporting documents like medical test results, doctor’s reports, and other records. Upload your evidence online now.
An IMO by an expert often makes the difference!
Overpayment? VA proposing to claw back
money from your benefits? Submit a Compromise
Offer to the Debt Management Center.
How To File a VA Disability Appeal
You have the right to appeal any benefits decision made by the Veterans Benefits Administration. The VA appeals process is set in law and is different from other judicial appeals processes. Find out how to file an appeal.
Has VA medical care caused you an injury or other harm?
You can sue the VA for medical malpractice but it's a complex process and you'll want lawyers who have
done this successfully in the past. There are strict time limits and draconian regulations to follow.
Get some advice today...call now!
For Better Brain Health, Preserve Your Hearing
Hearing loss is the largest modifiable risk factor for developing dementia, exceeding that of smoking, high blood pressure, lack of exercise and social isolation.
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The Schedule For Rating Disabilities
If you're thinking of filing a claim or initiating an appeal of a denied claim, this is your new best friend. The details of exactly what you need to meet a rating are here and in use every day. Yes, it's complex. Yes, it's cumbersome. Yes, knowing how to use The Schedule is a necessity if you want to file a successful claim. Go for it!
Vets being duped by Social Security rumor mill
Owe VA Money???
To Loneliness And Isolation For Seniors
Did you know that hearing loss and tinnitus are the
most commonly rated veterans disabilities? Did you
know that hearing loss and tinnitus can cause
other secondary conditions, particularly mental
health problems like depression and loneliness?
Chronic Pain Is an Impossible Problem
A “safe” alternative to opioid painkillers
turns out to be not so safe.
Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits
and a member of the Stateside Legal Website Advisory Board. Jim's Mailbag, is a regular column where veterans,
servicemembers, and family members can ask Jim their questions about VA and Social Security disability benefits.
You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers.
Veterans Who Apply for Social Security Disabled-Worker Benefits After Receiving a Department of Veterans Affairs Rating of “Total Disability” for Service-Connected Impairments: Characteristics and Outcomes
A Few Of The Most Common Processes You Need To Know To DIY Your Claim
Everything you ever wanted to know about how
the VA benefits system works but were afraid to ask.
Welcome to the
VAWatchdog Dot Org
Just who do you think you are?
Stats about veterans.
Percent of U.S. adult population who are veterans in 2017, by state
Employment Data for Veterans With Disabilities
Employment Situation of Veterans Summary
Immigrant Veterans in the United States
Demographics of the U.S. Military
Veterans and Military Documents
Military Programs and Benefits
Research A Veteran
Tobacco Use in the Military
Facts on Veterans and Entrepreneurship
American War and Military Operations Casualties: Lists and Statistics
Tinnitus and hearing loss among
Veteran Social Security Beneficiaries
Veteran-Owned Businesses and Their Owners
48 Interesting U.S. Military Facts
The American Veteran Experience and the Post-9/11 Generation
National Center for Veterans Analysis and Statistics - Quick Facts
Global Firepower - 2019 World Military Strength Rankings
Medical Malpractice - Veterans 1151 Claims
VA Malpractice Attorneys Helping Veterans Harmed By The VA
Veterans Healthcare Rights - Federal Tort Claims -
VA Medical Malpractice Claims, Misdiagnosis, Hospital Negligence, Medical Errors
For a review of your VA malpractice case contact our lawyers today. Our firm serves throughout the nation, and is one of the few firms to have specialized experience in VA malpractice cases.
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PAPER Evidence Records
and Claims All Go Here
V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI
53547- 4444
Toll Free Fax:
844-531-7818
Key findings about America’s military veterans
The experiences of post-9/11 veterans differ from
those who served in previous eras. Post-9/11
veterans more likely to have been deployed,
seen combat, experienced emotional trauma
Military Records DD 214
Official Military Personnel Files (OMPFs)
Official Personnel Folders (OPF)
Can VA Disability Compensation Be Used
to Calculate Child Support or Income?
Veterans' disability benefits are compensation
for the veteran's impaired earning capacity and are intended
to "provide reasonable and adequate compensation for
disabled veterans and their families." They are not
supposed to be for the sole support of the veteran, but
can be counted in child support calculations to provide
for the veteran's dependents as well. If the veteran wasn't disabled, he would be earning an income upon which the
court would base child support; since disability benefits replace that income, child support can be based upon it.
Should I file a claim?
Potential VA claims?
What am I missing in the VA claims process?
Best way to check on a supplemental claim online?
Confused on what to do with claim.
Dependent status with education benefits.
Suing the VA for negligence and malpractice.
Why You Need An IMO!
Accuracy of Claims Decisions Involving
The OIG determined that VBA incorrectly
processed more than half
of the 62,500 veterans’ claims.
You've Arrived at the VAWatchdog Dot Org!
Welcome Home
We've been keeping veterans informed of news and events important to them since 2005.
You'll find all you need to file your claim and referrals to professionals who can help you when things don't go well.
What you won't find here is unending chat or opinions from strangers who like to think of themselves as experts.
Our goal is to ensure that you are awarded the benefits you earned with your service to our country.
We're here to help you take charge of your benefits, and that is all.
Urgent Care Centers
One of the most important benefits you have today is
the authorization to use an urgent care center
near to you. But first, you have to
to take with you. Don't wait until you need this
benefit to prepare for it. Read this now,
print your papers and be prepared!
Managing Risks and Improving VA Health Care
The Department of Veterans Affairs (VA) has taken
steps to maintain its leadership commitment and develop its action plan, but still needs to demonstrate capacity
and establish metrics to monitor and demonstrate
progress addressing VA health care concerns.
How to download VA benefit letters
To receive some benefits, Veterans need
a letter proving their status. Access and
download your VA Benefit Summary Letter (sometimes called a VA award letter) and
other benefit letters and documents online.
Give veterans more health care options!
Tell your lawmaker
Veterans deserve more choice
Hello Jim...
Can you help me with....
Family Medical Leave Act problems after husband's deployment
Vet being harassed at work
VA doctor malpractice
Child support arrears create hardship
68 year old veteran with cancer
When did the Vietnam era start
Radiation treatment for prostate cancer and now C& P exam
Diabetes claim secondary to OSA
Revisiting child support order
Gulf War veteran behavior found to be willful misconduct
All these and many more answers to your questions can be found at
Why Getting a Diagnosis Matters
A diagnosis does so much more than get noted in your medical history. It also can help you apply for programs like Social Security Disability and medical marijuana cards. And maybe even more importantly, it can help you explain yourself to friends, colleagues and family.
Is your disability pay fair game in a divorce?
(Yeah, it is...)
The Department of Veterans Affairs (VA) Launchpad
App for Veterans (VA Launchpad) contains select VA applications (apps) for Veterans and their Caregivers.
New apps will automatically appear in the VA Launchpad when they become available. Organizing VA health information and resources into five categories, it quickly accesses and launches the VA app of your choice. With VA Launchpad, VA intends to save you time and help you better integrate available VA apps into your life.
Presumptive Benefits...what are they?
When you claim that a disabling condition is caused by military service, you have to prove that allegation.
Or do you?
Robert Wilkie <robert.wilkie@va.gov> 855-948-2311
November 19th 2019
'How To Lie With Statistics'
Other-than-honorable discharge?
You’re still eligible for VA mental health care
The Google IT Support Professional Certificate
The IT Support Professional Certificate, developed by Google and hosted on Coursera, can help you become ready for an entry-level job in IT support in under six months. No experience is necessary.
What You Should Know about Disability and Debt
There Are Protections...When it comes to debt collection, disability income enjoys special status.
We get $2,470 a month from Social Security
and want a warm, friendly city near the ocean.
Government Accountability Office
Focus Needed to Prevent Disqualified Providers from Delivering
Google Tracks You
and we don't.
DuckDuckGo apps block
Google's hidden trackers.
The world needs an alternative
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Get your VA medical records online
Our online tools can help you view, organize,
and share your VA medical records and personal
health information. Find out if you’re eligible
and how to sign in to start using these tools.
VA Releases Survivors Quick Start Guide
Reference guide to help during final
arrangements planning
Disclosure of Certain Protected Records
Without Written Consent - (VA) proposes to amend its regulations on disclosure of certain records. now authorize VA to disclose certain protected records to non-VA
entities (including private entities and other Federal agencies) for purposes of providing health care or performing other health care-related activities or functions.
How to ensure seamless care while traveling
Medical Marijuana Card
Tell the doctor you saw it on VAWatchdog
and ask about veterans discounts!
VA launches online patient portal for veterans
The U.S. Department of Veterans Affairs
announced the launch of an online patient portal
this month that will provide service veterans
with digital access to their patient statements.
How Do You Apply For Social Security Disability Benefits?
Information on social security disability benefits