Jump to content
  • Searches Community Forums, Blog and more

  • Advertisemnt

  • 0
Sign in to follow this  
oldman273

Tdiu Granted For Back Surgery

Question

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....

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

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?

Share this post


Link to post
Share on other sites

Ad


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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads


  • Advertisemnt


  • Latest News
  • Our picks

    • Survivors- a Must read
      If you are new to hadit and have DIC questions it would help us tremendously if you can answer the following questions right away in your first post.

      What was the Primary Cause of Death (# 1) as listed on your spouse’s death certificate?

      What,if anything, was listed as a contributing cause under # 2?

      Was an autopsy done and if so do you have a complete copy of it?

       It can be obtained through the Medical Examiner’s office in your locale.

      What was the deceased veteran service connected for in his/her lifetime?

      Did they have a claim pending at death and if so what for?

      If they died from anything on the Agent Orange Presumptive list ( available here under a search) when did they serve and where? If outside of Vietnam, what was their MOS and also if they served onboard a ship in the South Pacific what ship were they on and when? Also did they have any major  physical  contact with C 123s during the Vietnam War?

      And how soon after their death was the DIC form filed…if filed within one year of death, the date of death will be the EED for DIC and also satisfy the accrued regulation criteria.
        • Like
      • 17 replies
    • If you are a Veteran, represented by MOPH, you need to know that MOPH is closing down its offices.  This can have a drastic effect on your claim, and it wont be good for you.  You likely need to get a new representative.  

      This station confirms MOPH is closing its doors:

      http://www.kwtx.com/content/news/Waco--Purple-Heart-veterans-service-center-to-close-its-doors-480422933.html

       
      • 0 replies
    • Retroactive Back Pay.
      Retroactive Back Pay - #1Viewed Post Week of March 19. 2018

      My claim is scheduled to close tomorrow for my backpay.
      Does anyone know if it does close how long till the backpay hits the bank?
      Also does information only get updated on our claims whenever the site is down?
      • 44 replies
    • Examining your service medical records...
      * First thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on.

      * Second I then make a copy of my service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original.

      * I then put my original away and work off the copy.

      * Now if you know the specific date it's fairly easy to find. 

      * If on the other hand you don't know specifically or you had symptoms leading up to it. Well this may take some detective work and so Watson the game is afoot.

      * Let's say it's Irritable Syndrome 

      * I would start page by page from page 1, if the first thing I run across an entry that supports my claim for IBS, I number it #1, I Bracket it in Red, and then on a separate piece of paper I start to compile my medical evidence log. So I would write Page 10 #1 and a brief summary of the evidence, do this has you go through all the your medical records and when you are finished you will have an index and easy way to find your evidence. 

      Study your diagnosis symptoms look them up. Check common medications for your IBS and look for the symptoms noted in your evidence that seem to point to IBS, if your doctor prescribes meds for IBS, but doesn't call it that make those a reference also.
      • 9 replies
    • How to get your questions answered on the forum
      Do not post your question in someone else's thread. If you are reading a topic that sounds similar to your question, start a new topic and post your question. When you add your question to a topic someone else started both your questions get lost in the thread. So best to start your own thread so you can follow your question and the other member can follow theirs.

      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.



      Leading to:

      Post clear questions and then give background info on them.



      Examples:

      A. I was previously denied for apnea – Should I refile a claim?



      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?




      B. I may have PTSD- how can I be sure?


      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?





      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • latest-posts-activity.pngstart-new-topic.pngsearch.png

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×

Important Information

{terms] and Guidelines