Despite the temptation to do that, I personally do not recommend this - especially if you have kids/child support/alimony/etc... The ex would look at you like a piggy bank and that could start more problems.
I have no knowledge of a regulation stating you cannot do things to exacerbate it, but I am not a lawyer. I think the rule of common sense applies in those cases.
Broncovet's comment was great. You must decide if you want to fly with the eagles or waste time fighting with the pidgeons.
@gastone @john999 Thank you for your replies. My SC is 50% total: 30% PTSD, 20% lumbar strain, 10% nerve damage in my jaw (Army dental work gone wrong), plus a bunch of 0% for joints. I am aware of the 70% requirement for IU so I also put in for an increase for PTSD along with the TDIU application, even though the TDIU asks which condition I am requesting the IU for and is supposed to automatically evaluate for increase. But I figured if I get the TDIU denied maybe they will still evaluate me for increase outside of the IU decision. Anyway, I submitted the SSDI for ONLY SC conditions. And yes I am aware of the high denial rate for both and lawyer route with SSA, I was mentally preparing myself for denial with SSA already, which is why I was panicking bc I didn't want one denial to increase the odds for denial for the other. I have not been scheduled for any exams from either yet though, and am in decision phases with both. I figure either my medical evidence is strong enough or maybe it's not at all and I an outright denial. Who knows.
Do you happen to have copies of all of your service treatment records? If not, get them.
I ask because the entrance and exit exams, plus any back injury treatment will be important.
When you joined, you had the "presumption of regularity". This means that you are presumed to be healthy. The entrance exam is performed to identify any medical condition which could be exempt from this presumption. In my case, they noted I had eyeglasses which corrected my vision to 20/20. Aside from that, I was presumed to be healthy and normal.
When you left the service, the exit exam was performed for pretty much the same reason. In some cases, the examiners might be lazy how they handle it. For example, I left the service which chronic asthma. The doc noted I was treated for asthma, but said my lungs were normal. However, I fought it on appeal and won due to repeat treatment for it while I was in the service.
Be ready to fight back by using your treatment records against the VA. We all know that being in the military and seeking treatment for injuries may be frowned upon and often results in veterans who didn't get the treatment they needed while they were on active duty. For example, look for any treatment after having a fall, car accident, etc.. which caused your back to get this bad. That C&P doc might have tried to attribute the state of your back to natural aging, but if you can prove that they were too lazy to find your actual root cause injury event, that is ammo in your favor.
I would not recommend you open a new claim because all the VA will do is just continue with or reopen your existing claim. Read the SSOC letter and the appeal documentation you received with it. The SSOC should state exactly why they denied your claim. Fight them on each issue directly. I would recommend you consider filing a reconsideration. You have until the NOD clock runs out to have the VA look at your submission to see why you think the C&P doc was wrong. If they don't reply in time, be sure to file an official NOD/appeal before the NOD clock expires. If it expires, then they would consider any further action on your claim to be reopening it, but with a potential new effective date.
Question: Can you post the text of the denial letter section regarding your back? Be sure to omit any personal info or details which don't matter. It might help others here be able to offer an opinion.
Well they talk highly of him on the hadit blog talk radio show,I am suprised to hear this?.. you might give jbasser or Jerrel Cook a PM ask if they have a way you can contact him? I've Only heard good things about Dr C Bash