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Tdiu Granted For Back Surgery

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oldman273

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Hello All I have a few questions. I am 80% now prior to the VA doing surgery and VA tells me even though I am SC to 80% with at least 1 SC that is 60% for 4 years I have been refused IU. I am going to have back surgery on my back which the VA has not considered since I am low-balled for 10% they do not considier me to be unemployable due to the Back and heart issues as I have claimed. The surgery told me "If I wanted to try this" I am having the very bottom 4 disc replaced fused and rods and screws in the my old broke down back. I am also having some nerve damage in my legs and my fingers are going numb from some disc problems in my upper back. I just tried a nerve stimulator but my back kept going out so now after all of that they want to try surgery. This will be third surgery on my back any suggestions or advice. I know that I can apply for IU for the time it takes me to get over the surgery. I have been trying to get the VA to considier the current condition of my back for 2 years but no luck. The medicine I take for my back has been increased 3 times in the last 2 years alone. Again thanks for any advice you could give me....

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  • HadIt.com Elder
Hello All I have a few questions. I am 80% now prior to the VA doing surgery and VA tells me even though I am SC to 80% with at least 1 SC that is 60% for 4 years I have been refused IU. I am going to have back surgery on my back which the VA has not considered since I am low-balled for 10% they do not considier me to be unemployable due to the Back and heart issues as I have claimed. The surgery told me "If I wanted to try this" I am having the very bottom 4 disc replaced fused and rods and screws in the my old broke down back. I am also having some nerve damage in my legs and my fingers are going numb from some disc problems in my upper back. I just tried a nerve stimulator but my back kept going out so now after all of that they want to try surgery. This will be third surgery on my back any suggestions or advice. I know that I can apply for IU for the time it takes me to get over the surgery. I have been trying to get the VA to considier the current condition of my back for 2 years but no luck. The medicine I take for my back has been increased 3 times in the last 2 years alone. Again thanks for any advice you could give me....

What exactly does your "denial" letter say?

What are their reasons for denial?

What do your VA doctors say?

Are you currently "employed"?

What are you taking, medication wise, for your back?

What about other conditions? And, what of medications for your other conditions?

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What exactly does your "denial" letter say?

What are their reasons for denial?

What do your VA doctors say?

Are you currently "employed"?

What are you taking, medication wise, for your back?

What about other conditions? And, what of medications for your other conditions?

Thanks the denial letter I cannot remember but it said since my heart had improved somewhat that a new cmp woul be scheduked in the future. I was fine with my heart getting better who would fight that one? My issue was the fact my back was the reason I could not work. I also submited evidence (MRI, Emergency Room visits) for my back as well as tgeir own VA Doctors saying there was nothing they could do for my back. I also got a second opinion that my back was toast and Surgery would not help me at that time.

I was told that my paperwork was lost several times. I was employed but retired from my job as a result of non SC injuries. I explained to the VA rep that my back was a problem for me as the medicine (morphine) I take a good bit each day to help with my back. I had one Doctor who recently did the nerve stimulator implant state that my Back could have been the cause of my knees going out after 7 years at BVA I won the reprimand back to the state and they have to figure out another way to beat me out of my back pay. I also cannot drive or stay awake while I take my meds I have asked the Doctor about other meds each visit but the VA uses the chaepest drugs they can. I do not get to go with my family much on trips due to the way I fell when I do not take my meds. I am seeing the VA shrink who is treating me for increased anxiety due to the back being a constant source of miserey. Tried everything, any thoughts are welcome

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  • HadIt.com Elder

If it has been a year since you were denied TDIU for your back, then you need to file a "request to re-open" due to further information/documentation.

Just use a Form #21-4138 Statement In Support of Claim. Simply tell them that you are having surgery on your back under the advice of your doctor, etc., and include the medical statement from your doctor indicating the surger recommendation.

If less than a year since your denial, simply send in the doctors statement.

Then, get your doctor to write a statement in which they state that you are and will be unemployable due to the condition of your back AND the medications that you must take because of this condition.

Now, whether this doc will write this, when, after all, they are operating on your back to "make it better", depends entirely upon your doctor.

Have you any depression, due to the constant pain, the medications, the loss of your activities and loss of quality of life.

You know that depression follows, normally, any chronic pain related disabiliity?

If so, get your Primary Care Physician to give you a referral to the psych clinic due to your depression. Only IF you are feeling depressed, of course.

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