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    • Yes I was and am still on FERS disability. Technically i was separated from my federal job because i medically disqualified from the military for a leg injury. I was what you call a dual status technician, sometimes called an ART. It was mandatory that I apply for SSDI under FERS rules, but was denied of course! I was still employed when i was told to apply.  As far as other etiologies, i saw a well known ENT firm for a while and after bunch of tests they diagnosed me with menieres. I then went to Dr Ellis for the nexus letter. The only problem i think i have is that even though i was in uniform Mon-Fri and still doing the exact same thing as i did when active duty, technically i was only "military" 2 days month or when on special orders. That and no vestibular problems are mentioned in my military med records. We all lied to keep our flying qualifications! Ive kinda put off the SSDI project for after my VA and OWCP stuff is finished.      
    • Q1  -  I am trying to get a general idea how long it is generally takes to be scheduled a DRO Hearing date for a NOD claim.  My hearing happens to be in Waco. I filed my NOD in Nov 2012 and requested a DRO. My case was sent to Jansville even though I'm within the WACO VARO area.  I Received the SOC 9 Apr 2015.... ...so about 29 months from filing the NOD to receiving the SOC.   Semper Fi
    • Question.....were you on FERS disability when you left federal employment due to the  menieres ? If so, because of FERS, did you also apply for and receive SSDI solely for the Meniere's disease? It is an excellent IMO. I am assuming that all other possible etiologies have been ruled out.
    • Hi Wayne - We probably go to the same VAMC!  I've been to the Dallas VAMC sleep clinic twice and all they do is check how many nights you've used your CPAP (I think she just plugged a wire into the machine and didn't even use an SD-Card).  She asked a couple of questions about how I'm sleeping and do I feel drowsy while driving, after eating, ect., then asked if I had any questions, or if I needed any thing else.  I told her that I needed a new face mask since mine was a year old.  She put the order in and I just went downstairs and picked up a new face mask and hose. I wouldn't worry about "losing" your rating... the important thing is to keep using your CPAP!  Semper Fi
    • I forgot to answer your question "So my question is, how do I proceed with my appeal?  Should I go to a civilian doctor and get more documentation or should I go to the VA medical clinic?  " You need to provide medical  evidence that overcomes each denial.I assume they gave you reasons for each denial. Did they say you were denied because you missed the C & P exams? If it is a question of a denial due to lack of an inservice nexus, no civilian doctor or VA medical clinic is going to be much help with that,in my opinion. Then again I have no idea what those 22 other contentions were for.  





SSGmajik

Va Incompetence

12 posts in this topic

I recently was denied for an increase for my spine injury. I am currently 40% for my thorocumbular because of my ROM especially only a 5 degree forward flexion and 50% total. I went to my C&P in July 08' and was measured for my cervical ROM not my Lumbar. I received NOD letter, but the big shock was they said my lumbar was showing signs of improvement and that I showed a 40 degree forward flexion. The 40 degree forward flexion was froma really old C&P and that is the only place I can think of that they got that measurement since I was not measured during this last C&P. That shows you how close they really do look at your medical evidence! I also was denied multiple things wrong with my spine and the medical evidence is there! The VA said the doctor does not say it's service connected! My whole spine injury is service connected and the past 4 MRI's since my injur has showed that it is degenerating and the EMG showed nerve damge and yet it was denied! Cleveland VA is the worst!!!!!!!!!!!!!!!!!!!!!!!

SSGmajik

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

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No waddell test! I use a cane to walk because my pain and numbness down my right leg is so bad that I lose my balance or my leg just gives out and I fall. Should there have been a waddell test?

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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..

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Well my congressman has got involved and my VA doctor wants to know what evidence they were looking at because what he wrote in my records contradicts what they are saying. All my MRI's and X-rays prove my case, but the VA always try's to find loop holes to not give you ratings. Thank you for your insight Tig.

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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..

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