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    • This, alllllll correct, YOU never lay aside your Weapons soldier, pick that shit back up and march onward.
    • Just to reitterate, these opinions are based on my own experience. When you have a Claim in, don't file New claims. They would looooove to kick it back "downstairs" for the slightest reason. Keep your Focus on TARGET
    • So, as of now in 50% Scheduler Rated. My Lawyer's Case Manager swears up down left and right that i will receive 70%Sched, 100TDIU and T&P I am only 33 years old. Here's some info: I have been out for 16 years. Grand total of earnings BEFORE TAXES, $116K Averaged out by 16 years, 7,625.50 a year. Only 4 of those 16 years in total did i breach the Poverty Line. 2 years were 0, you know, while i was homeless I have attended and droped out of College 2x I have Vocational Skill training as a Phlebotomist 2 I unfortunately also have drug and assault charges, misdemeanors yes, but hospitals wont even give a "criminal" a interview. So we shall see, Age is not something they are Currently using as a basis for TDIU, but always remember! Every claim no matter what percent should have a "Infered" claim to TDIU, in both Chapters ¬†A) AND B) of the regulations concerning TDIU, so ALWAYS file a NOD upon receiving your Bennies Award Letter!!!
    • Agreed, that was my thoughts also. Thanks for the confirmation.
    • I am not so sure, I would be messing around with a FDC as I would not want to chance having it convert to a standard claim. I did find this one reference http://www.benefits.va.gov/fdc/walkthrough.asp and scroll down to the verification section where you are certifying that you are sending in no additional evidence. Now whether the VA will consider sending in any evidence, even for a new claim as grounds for conversion, I'm not sure. But knowing the VA, I would not want to take that chance. OSC

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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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