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    • TY Berta,  Long reply I know and am sorry but hoping the detail will help. When they awarded the 70% ,did they send you a TDIU form or suggest that you apply for TDIU in that decision? If not, did they give you a reason , such as maybe you were employed at that time. I don't think so I would have to go back to the letter and see which I will. If they didn't it was never mentioned to me by anyone until I got the new SVO In 2016. I was not working I have not been able to work since 1997 but didn't know I could file with the VA. Do you receive SSDI and is that solely for the Major Depressive Disorder? If so was VA aware of that SSDI award? And if so, what was the date of the SSDI award and what was the SSDI EED? Were you ever turned down after applying for VA Voc Rehab, solely due to you SC disability? If so did VA know that as well? The answer to these is no. I learned about my ears and my rights from an older vet I happened across who saw me trying to clear my ears he told me what it was and explained it to me thus I went and filed a claim with the VA and got set up with the VA Hosp,didn't even know until then I could go to a VA Hosp.I had been unemployed since 1997. This was on 8/16/2016. I hired the DAV to help me after I filed and became homeless. That was in Jun of 2013.  I received the decision and retro pay Nov 1 2013. They gave me 70% Mental and none of the physical so I appealed and got busy pulling all my records to send them I got a place to Live in SC and changed SVO at that time. I had already filed my appeal on my own I did not know about TDIU so I didn't ask for it.   I have several medical conditions that I know are SC Stomach Issue Test show an Erosion Diagnose while I was in AF and told it was nervous stomach, Had 2 Endoscopes at VA hosp both show I still have the Erosion now on daily meds for it but they denied it as SC.  Hearing loss and tinnitus proved SC I thought Entrance exam showed good hearing AF exam 1 1/2 yrs after I joined states reason for exam being assigned to a noisy duty area stated no hearing protection issued, showed good hearing exit exam show hearing loss, they said I had not complained about it I thought the noisy in my ears was normal had it so long, and was told at discharge nothing could be done for my hearing. Lastly Damage to my right arm and shoulder, AF Medical files show the accident where a 175 part fell on me and pinned me backwards on a concrete floor in the 80s, I was told when I was discharged 2 years later that it would get better over time it hasn't it has gotten worse VA Hosp shows I tore the tendon in my shoulder so long ago that it would have to be replaced and I would lose more range of motion with the repair, they denied it as a SC. I filed my NOD within the one year mark on ebenifits it shows this, but I know it was in 2014 I have copies filed away if needed. Decision                 Status                        Description                          Received 03/31/2016            Appeal Complete        Your appeal is complete.   Date not available I moved to Fla in 2015 which put me with a new SVO He reviewed my case and asked me if he could file for IU for me I said sure and asked why the DAV in SC didn't do that.He filed to have that added to my existing appeal 11/10/2015. On Ebenifits it show like it was put in as a new claim while my appeal was still being processed. Submitted          Type                          Closed                 UpdatesActions 11/10/2015          Compensation          05/23/2016         Attention: Development Letter SentDevelopment Letter Sent ·                                                                                       Attention: Decision Notification SentDecision Notification Sent                                                                                                                                                            View Appeal Status I did receive a very thick package denying my claims again which I immediately filled out NOD and took to my SVO who said to wait for the NOD until we got and answer on the IU. I never had another C&P for my NOD, They did do another C&P with a non VA Doctor for the IU I was give 70% paid at 100% P&T TDIU. The retro pay was only back to Dec 1 2015?             
    • Thanks for the education! I aways grab my card if I have a dental antibiotic drugs at Walmart, but so far it hasn't done anything but waste my time, so I pay the Walmart $4/drug charge (and I hear VA drugs where I'm at are cheap substitutes with many side-effects.) I don't think any medical service would opt to work with the VA's paperwork, delays, and incompetence: but I don't know for a fact. But some health care providers I have heard will give you free services if you don't make them work with the VA, ha ha.
    • MyHealthVet lists your upcoming appointments under the "Get Care" tab. When you check into the clinic, if your clinic does electronic check in with your VA ID card it also lists all your appointments for the day or it says "No Appointments Scheduled".     
    • I have asked if this is CUE on here before, but I have since received my C-file and am able to upload my C&P exams. I was initially denied PTSD in 2009. I was awarded 50% in 2015. I have filed a NOD on the rating and effective date last month and made inquiries to a lawyer to handle my claim. The problem is it doesn't seem like CUE to me as I understand the definition. I was diagnosed with adjustment order in 2009 and then PTSD in 2015. The main reason I would like to try for an EED is the last paragraph of the 2015 C&P exam where the Dr. states: However, it should be pointed out that most of the symptoms the veteran described during today's MH examination, certainly those common to a PTSD diagnosis- she also described during her 7/8/09 Initial PTSD examination, in Oklahoma City Both C&P exams are attached. Any thoughts? 2009 C&P exam notes2.pdf 2015 - C&P exam Notes.pdf
    • Thanks Berta, and armorer!  armorer i don't know what her title is.  I guess I could find out when she does the report and I look it up.  

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brokensoldier244th

Retro Pay Question And Smc-K

3 posts in this topic

So, I just got back from my doctor, and laid out my med history for her, for my svc. connected stuff. She'd never seen it so we spent an hour or so going over it all, starting with my C and P from 2002 when I was rated for DDD. I asked her a few questions:

1. Is it possible the C and p doctor in 2002/2003 messed up in not service connecting my left leg?

2. Is it getting worse overall?

3. Do I have ED?

Here is what the C and P doc said in 2002:NOTE: Examiner notes that "…he says that his left foot is basically is completely okay at this point and does not really cause him problems…." But I answered in response to his questioning about which leg was currently causing me pain and numbness at that time in the examination. A little later examiner notes "he has back pain daily, shooting pain and numbness in right leg periodically throughout the day, but he does have some numbness and shooting pain into the right leg and foot at some point at least once a day and usually a couple to a few times a day". This should have been noted for my Left leg and I believe that the examiner errored while typing the summary by typing "Right" twice. It makes no diagnostic sense, otherwise.

My C& P from 2003 rates radiculopathy, and then rates it in my Right leg only based on the notes in my 2002 C and P (above). My doctor looked at the above, my MRI's, XRays, and the write ups, and said that she thinks the C and P doctor messed up because he mentions the right leg twice. She says based on the reflexes from that exam, and his notes, and clinical notes and other things that he most likely meant to say the left leg was also experiencing these symptoms as well.

So, does that do anything for me? I have a claim in now for my Left Leg radiculopathy since its not rated or service connected. They rated my right leg SC for Radiculopathy in 2003 but dated it back to 2002. So what are the chances that since I have other records besides just these that show both legs suffered from it back to 2002, that they will rate the left like they did for the right, and go back to when they rated the right-2002?

She also prescribed me Paxil for pre-mature fireworks based on the nerves that are compressed in my spine. SO...what constitutes ED, exactly? Is it inability to get an erection, or does premature getting there count? Does this count as ED? I have a VA doc noting that I have difficulty with erections and sexual dysfunction caused by my back/nerve issues going back to 2003.

My VA doc appt. the other day also notes both legs with radiculopathy, and my new xrays note Disc Space Narrowing at both L5-S1, and L 2-3.

My old Xrays from 2001 only say "Possible disc spacing L5-S1". So, I interpret that as getting worse.

On a related note, I have my Xrays on a CD that I got from the radiology dept. They gave me the write up, but the ACTUAL xrays, too. It's awesome-a digital copy of the actual films. Pretty neat.

Edited by brokensoldier244th

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Did the decision which relied on the screwed up C&P become final. I have not heard of such an obvious error on a C&P. If the claim was closed you might have to file a CUE. CUE claims are not usually awarded due to inadaquate medical reports.. However, the type of error you are talking about is very unusual.

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Final, as in, am I compensated for it? Yes, I guess. I didn't start thinking about any of it again until I was looking at filing for my other leg this time around, and noted that it looked like i should have been the first time around.

I have sick call transcripts and a VA doctor exam in 2002 from prior to the 2002 C and P where my complaints of both legs is noted. The 2003 C and P rating for Radiuclopathy notes that they continued my 40% for my DDD, but with a combination of Deluca and the the Examiner notes they granted 10% for radiculopathy for Rt leg.

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