Tig

Yes, the PTSD has been in appeal or deferred status for six years(to the best of my knowledge), was treated while on active duty and is at the BVA. I had no PH,BS,CIB, etc, so I had to prove the stessors.. The VA came up empty on stressors and the research, then I fought with FOIA for almost three years, then after a call to my congressman(after meeting a person who knew the ropes, like many of you) I had records in my hand in a matter of a few weeks. The VSO said they were being fowarded to the BVA, that's been over a year ago. The good thing about the C&P for the TDIU is my SC bronchitis is now DX asthma, puffer daily, my SC scar somehow grew a cm putting it over 13cm and I was awarded 10% for hypertension, but nothing was mentioned about the Asthma and Scar in the rating decision?? So if I appeal the TDIU it will keep the window open?? I just don't want to "muddy the waters" or "shot myself in the foot" again. . .

Ok... thank you... Starting to makes sense now... I'm just wondering why my VSO(no longer a VSO) urged me to file it?? I mean the last thing I want to do is "muddy the waters" for the rest, it takes long enough now. This is going to be interesting, I'm currently under SSD three year review and I'm guessing when they read the denial for TDIU they won't catch the fact that my entire spine was not taken into consideration.. Thanks again.. I usually don't post much.. just read.. I wish i would have read more in this case, rather than listening to my VSO...

"The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision." All of the above listed are yes presently at the BVA, they are all serviced connected,rated in the ordered listed above at.. 30%, 10%,20%,10% and 10%.. PTSD and few other claims are also at the BVA, and are not service connected at this time. Sorry for the confusion, I'm a little ticked right now.. and not sure I'm reading their remarks I put in quotes correctly.. Where you say "When over half of SC coditions are in DC..." Do you currently have issues under the jurisdiction of the BVA that have not yet been SC'd ?

I received my TDIU denial today and it's seems they only considered my service connected conditions, that are not presently on appeal in D.C. for the decision?? Do I read this correctly.. they only used three SC conditions for their decision? "You reported several service connected conditions prevent you from obtaining and maintaining gainful employment. Because a claim for individual unemployability is essentially a claim for an increase in your service connected conditions, we have considered whether an increased evaluation may be assigned for your service connected hypertension, radiculopathy of right upper extremity, and radiculopathy of your right lower extremity. The other service connected conditions which you claim prevent you from employment, including your cervical spine condition, hypothyroidism, thoracic and lumbar spine condition, chondromalacia of right knee, and ulcerative colitis with aggravation of hemorrhoids, are currently on appeal for increased evaluations. Therefore, the conditions on appeal were not addressed in this decision." "Entitlement to individual unemployability is denied. We received the Social Security Administration Disiability decision dated August 29, 2007, which you submitted in support of your claim. This decision notes you were granted disability benefits due to your post traumatic stress disorder, status post cervical fusion and degenerative disc disease of your lumbar spine. At this time, you are not service connected for post traumatic stress disorder. The examiner concluded that it was his opinion, after interviewing and examinging you, that the serverity of all your service connected conditions does not preclude you from obtaining or retaining substantially gainful sedentary employment." To date I am rated at 80%, 130% in regular math.. Now what an appeal?? Is this SOP When over half of SC coditions are in D.C.... Any thoughts or suggestions would be greatly apperciated..

No problem, I have alot of SC spine related issues and just thought you might want to watch for that test on your C&Ps. It seems to be more and more considered out dated, often misused and doesn't signify malingering.. I would almost bet they used it during your exam, but maybe not... If you need any info on it let me know..

No, the reason I asked was the VA can use the test during the C&P to imply a Veteran is "Malingering" and not grant an increase for that reason.. You would think that an X-ray/MRI or nerve conduction test would be enough to prove the problem is organic and not mental, but they use it.. I have seen them alot on increase for spine issue C&Ps, including mine..

Does your C&P mention Wadell test or tests?? It would probably be towards the bottom of the C&P above the Diagnosis somewhere..

Yeah, the VUPD has me stumped the most?? Oh, I forgot the other remark "DICTATED LETTER REQUIRED: GENERATED LETTER SUPPRESSED BY ADJUD" Thank you Berta P.S. You did a great job on the broadcast I listened in on...

Can anyone out there translate this for me or put it in a nutshell, "VITAL M/R EXISTS-REVIEW VUPD MAYBE REQ AWD OVER 1 YR RETRO-REVIEW IF INCREASE" I came acrossed this in the remarks section of a VA 21-8947(C&P Award) while reviewing my C-file??

Well, it wasn't nasty or anything and they explained it was for "security reasons".. I did get an increase to 10% on my knee they filed, but not sure if it will be a combined rating, since I already have Compensation for other arthritis realted issues. That reminds me I need to change my rating on here to 70 now, lol.. Do you know anyone in here that can translate the remarks section of a 21-8947 from my C-file "Vital M/R Exists-Review VUPD Maybe Req Awd Over 1 yr Retro-review if Increase" ????? I s

Well Skunk, I retained them when my PTSD claim got to the appeals process. They were charging 20% of retro or back pay, but after June of 07, they are now asking 30%, plus expenses for copies, postage, mileage, travel, ect.. I just got a mailing advising me, if I didn't sign another contract with the new fees within two weeks my file would be "scheduled for destruction". I'm going to call them today and I'm thinking I will be looking for another POA, since the first agreement I signed wasn't good enough, lol..

They are my POA... but I'm not sure for how long.