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

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    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

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not funny

Va Is In Denial Mode What Should I Do

Question

Where to begin? I was originally injured on the flight deck of the USS John F. Kennedy august of 1980, In the accident I was struck just above the buttocks by a 8 inch x 8 inch by 9 foot long oak wooden beam traveling about 50 miles per hour slamming me to the deck so hard that it shattered my protective helmet as well as striking me flat on my heel causing a compound fracture of my right tibia / fibula my toe hit my knee. The only reason it didn't break my back was that I was leaning into the jet blast of 2 f-14's that were taking off at the time. I was rated at 10% disabled for the fracture and nothing else, although they operated on my knee to install a tibia nail and again operated on it to remove the nail 2 years later my knee was never rated or even considered as service connected or even evaluated with my leg which is shorter than my other leg by 1 inch at all, how is this possible I don't know but it is true. I was discharged in 1985 with 10% for my right leg fracture only. Now fast forward to 1994 I began to experience chronic back trouble then diagnosed as spondelolysis. Then in 2000 I started having problems with both my back and hips so I returned to the VA for help. I asked for an increased rating on my leg and to include my knee in the evaluation which was denied, I appealed and it is now on its second remand and still undecided. in 2006 I was diagnosed with avascular necrosis on my left hip and the VA did a core decompression surgery on my hip which helped for about a year before getting worse, then in addition to this my other hip was diagnosed with the same thing the VA doctor also finally diagnosed my low back with Degenerative disk disease at l-4 and l-5 with unilateral spondelolysis right side and my right leg was going numb after only standing or walking short distances due to sciatic nerve compression. . Then in july 2009 I had to get 2 stents placed in my right lower leg, the VA doctors said I needed 3 but could only get 2 in, and my next step is bypass or amputate below the knee. Additionally I filed a claim for temporary 100% after surgery and asked to include Right hip disorder associated with post operative fracture, right tibia and fibula/ Right knee disorder associated with post operative fracture, right tibia and fibula/ History of left hip avascular necrosis associated with post operative fracture, right tibia and fibula/ Right lower extremety circulatory disturbance associated with post operative fracture, right tibia and fibula/ right sciatic nerve injury associated with post operative fracture, right tibia and fibula/ and last but not least Lumbar spine Degenerative disc disease at L4-L5 level as secondary to the service connected disability of history of transverse fracture of distal 1/3 right tibia and fibula with ORIF. The VA says this is not connected either. My orthepedic doctor told me to file for social security benefits because I was done working period. I did and was approved solely on records from the VA. I was sent for a compensation and pension evaluation where the examiner said it may be related to the injury sustained in service because the injury sustained was not an isolated injury, but the VA disagreed with the examiner and denied my claim, again At this point unless I can get my VA primary care doctor to say any of this is at least as likely as not related to my altered gait and the original trauma I'm beat by the VA. I sent in my Social security ruling as evidence but if the VA says none of this is service connected what are my options. w/hat do I do now? is there anything I can do to help my case

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5 answers to this question

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Welcome to Hadit there are several here that understand what is needed on accidental injuries who I hope chime in soon.

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From what you've stated, it sounds like you'll need an favorable IMO, for your case. Just keep appealing - never miss any deadlines and eventually you'll win!!! Sorry but this is the system and how it works (or doesn't work). You just need to keep working it. I'd request a DRO hearing where you can present your evidence in person, as the next step. jmo

pr

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I believe you will need two things to eventually prevail.

A favorable IMO from an appropriate board certified specialist.

A lawyer approved to practice in the VA's system, and also admitted to practice in the area federal district courts. It will cost you about 20% of any retroactive compensation.

It looks like the VA refused to apply "benefit of doubt", and other law that favors the veteran. A veterans law lawyer can find and utilize VA legal mistakes that you or I would never notice.

It also sounds like the VA did not consider "TDIU", even though SSA has awarded SSDI. This is something that often happens.

From what I've seen, the VA is very fickle when it comes to back injury and compensation. Some claims go right through, and are approved. I'm in the middle of a fight one one now.

The VA denied the claim, claiming no service record. The veteran's "C" file shows an in service complaint of back pain.

Others, very similar ones, are denied. Why is anybody's guess.

Where to begin? I was originally injured on the flight deck of the USS John F. Kennedy august of 1980, In the accident I was struck just above the buttocks by a 8 inch x 8 inch by 9 foot long oak wooden beam traveling about 50 miles per hour slamming me to the deck so hard that it shattered my protective helmet as well as striking me flat on my heel causing a compound fracture of my right tibia / fibula my toe hit my knee. The only reason it didn't break my back was that I was leaning into the jet blast of 2 f-14's that were taking off at the time. I was rated at 10% disabled for the fracture and nothing else, although they operated on my knee to install a tibia nail and again operated on it to remove the nail 2 years later my knee was never rated or even considered as service connected or even evaluated with my leg which is shorter than my other leg by 1 inch at all, how is this possible I don't know but it is true. I was discharged in 1985 with 10% for my right leg fracture only. Now fast forward to 1994 I began to experience chronic back trouble then diagnosed as spondelolysis. Then in 2000 I started having problems with both my back and hips so I returned to the VA for help. I asked for an increased rating on my leg and to include my knee in the evaluation which was denied, I appealed and it is now on its second remand and still undecided. in 2006 I was diagnosed with avascular necrosis on my left hip and the VA did a core decompression surgery on my hip which helped for about a year before getting worse, then in addition to this my other hip was diagnosed with the same thing the VA doctor also finally diagnosed my low back with Degenerative disk disease at l-4 and l-5 with unilateral spondelolysis right side and my right leg was going numb after only standing or walking short distances due to sciatic nerve compression. . Then in july 2009 I had to get 2 stents placed in my right lower leg, the VA doctors said I needed 3 but could only get 2 in, and my next step is bypass or amputate below the knee. Additionally I filed a claim for temporary 100% after surgery and asked to include Right hip disorder associated with post operative fracture, right tibia and fibula/ Right knee disorder associated with post operative fracture, right tibia and fibula/ History of left hip avascular necrosis associated with post operative fracture, right tibia and fibula/ Right lower extremety circulatory disturbance associated with post operative fracture, right tibia and fibula/ right sciatic nerve injury associated with post operative fracture, right tibia and fibula/ and last but not least Lumbar spine Degenerative disc disease at L4-L5 level as secondary to the service connected disability of history of transverse fracture of distal 1/3 right tibia and fibula with ORIF. The VA says this is not connected either. My orthepedic doctor told me to file for social security benefits because I was done working period. I did and was approved solely on records from the VA. I was sent for a compensation and pension evaluation where the examiner said it may be related to the injury sustained in service because the injury sustained was not an isolated injury, but the VA disagreed with the examiner and denied my claim, again At this point unless I can get my VA primary care doctor to say any of this is at least as likely as not related to my altered gait and the original trauma I'm beat by the VA. I sent in my Social security ruling as evidence but if the VA says none of this is service connected what are my options. w/hat do I do now? is there anything I can do to help my case

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Welcome, and good luck, I don't have a lot to offer, I'm fighting the same battle. Just wanted to show my support, since I was on that same cruse with you in 1980.

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I asked for an increased rating on my leg and to include my knee in the evaluation which was denied,

I appealed and it is now on its second remand and still undecided.

** So, going from the post above this issue is under BVA jurisdiction and has been remanded twice.

What did the BVA state in the remand of this issue and what is the date of the last remand ?

My orthepedic doctor told me to file for social security benefits because I was done working period.

I did and was approved solely on records from the VA.

** With SSA you only need proof you are disabled.

With VBA you need proof that the disability's are related to active duty or pre-existing conditions that were

aggravated by active duty or secondary to a SC'd disability.

I was sent for a compensation and pension evaluation where the examiner said it may be related to the injury sustained in service because the injury sustained was not an isolated injury,

** Did you go get a copy of this C&P, if yes, what exactly does it state ?

but the VA disagreed with the examiner and denied my claim, again

** What exactly is stated in the Reasons and Bases Section ?

At this point unless I can get my VA primary care doctor to say any of this is at least as likely as not related to my altered gait and the original trauma I'm beat by the VA.

I sent in my Social security ruling as evidence but if the VA says none of this is service connected what are my options.

** I do not see how the SSA ruling would be "evidence" of service connection.

/hat do I do now? is there anything I can do to help my case

** Just keep waiting on the BVA decision from the remand and while you are waiting gather more medical evidence, get IMO's

and consider seeing a chiropractor - they can be your best friend in this situation.

Hope this helps a vet.

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