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rpowell01
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Posts posted by rpowell01
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On 5/25/2016 at 8:33 AM, Berta said:
"Am I correct to say they are just trying to low ball me severely knowing it would put me over the SMC and P&T threshold?"
I would assume you are Correct. I had a hell of a fight over an obvious legal error regarding SMC.
They even tried to get me to accept a regulation they made up. It didn't work. But the battle took over 6 years because they are illiterate.
I had a P & T issue as well but had significant evidence for that award.Did Dr Bash state any rationale in the IMO that should have warranted P & T for the 100%?
"On the original decision the RO stated it was not diagnosed. This is wrong because they had in their hands Dr. Bash's IMO which showed the diagnosis then in 2013 whenever the VA Surgeon finally diagnosed it they still are denying me but the only reason they gave so far that it was not diagnosed."
Since they had the IMO in their possession,that definitely appears to be a CUE under 38 CFR 4.6.
Can you scan and attach here the reasons and Bases and Evidence list of the decision that prompted the denial?(Cover C file # prior to scanning)
" Did Dr Bash state any rationale in the IMO that should have warranted P & T for the 100%? " Yes he did. He explained that my condition would not get better but worse in many ways. He also explained and showed them proof of this with my 2nd EMG study I had which went from 1st EMG "Bilateral Radiculopathy" to 2nd EMG "Chronic Radiculopathy and now with Bilateral PolyNeuropathy".
Yes my POA finally asked his supervisor and they both agreed with me in stating that this is in fact a CUE. What he is going to do is ask the Rater to CUE himself and I told him to at least try to make a deal with him about the P&T. The Rater told him the other day that if I did not get a new exam he would deny me no matter what. BS because this should have been rated back in 2013 whenever they decided on it in saying that it was no diagnosed. That was their reasoning. This is BS because Dr. Bash diagnosed it in 2012 only to have the VA in latter 2013 finally come out and say the bowel issues are related to my lumbar spine injury. That was pretty much it on their reasoning, nothing else.
So this morning they did not have my hearing because the RO wants me to get a new C&P exam. Nope I refused and told my POA that this is a CUE and if the RATER doesn't want to admit its a CUE I will in fact appeal it straight to the BVA, no matter if I have to wait until 2018!!! I don't care I am not going to get low balled any longer, I've already let them low ball me on the ratings on my legs which I am still thinking about appealing.
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I have a hearing coming up on Thursday for Bowel Incontinence. Yesterday my POA stated that the DRO wanted me to have another C&P exam for the Bowel Incontinence. Here is the thing Dr. Bash diagnosed this back in 2012. Again in 2013 and I've had 2-3 C&P exams since 2012 for the same things.. The VA, a PA and GI Surgeon both diagnosed the same exact thing in July 2013, Bowel Incontinence secondary to my Lumbar DDD/DJD.
On the original decision the RO stated it was not diagnosed. This is wrong because they had in their hands Dr. Bash's IMO which showed the diagnosis then in 2013 whenever the VA Surgeon finally diagnosed it they still are denying me but the only reason they gave so far that it was not diagnosed. Everything Dr. Bash diagnosed has been diagnosed by the VA. As a matter of fact they approved me for IU based on the same Dr. Bash IMO!!!!! So how are they allowed to pick and choose what to believe on the report when the diagnosis has been proven by the VA? This is crazy.
I am going to refuse ANOTHER C&P exam on the grounds that they already did 2-3 exams, Dr. Bash did 2 exams and the VA (James A. Haley) did two of them (One from PA and One from the GI Surgeon). Am I correct to say they are just trying to low ball me severely knowing it would put me over the SMC and P&T threshold? I told my POA that I will in fact just send it to the BVA if the RO doesn't want to make a decision. They all know I have it so why are they low balling me? I am on SSDI all just for service connected issues, nothing else and I was just award my SSDI continuation. So what gives and how should I approach them at the hearing? I will try to keep my cool because the have sat on this too long.
Rob
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I'm going to kinda change the subject here but it has to do with pain meds. Pain medications only work for so long before they actually quit working. No matter how much they increase, and the more they increase, the less they will work on you. Remember they only work in the brain at the nerve endings. Most people's best bet is to do what I did, I was first on Oxycodone and then PM switched me over to Morphine SR and MOrphine IR. A week ago I asked my PM doctor to please take me off the MorphineS because they just were not working anymore because the VA has kept me on the lowest dose now for 3 years. See once a year they should increase the dosages but they haven't been doing this. So I asked to go back to Tramadol 100mgs 3 times a day so what he did is keeping me on the Morphine SR and prescribed Tramadol 50mgs 4 times a day. I am doing this to DETOX my body as I feel its toxicity levels are high because of the pain and other meds I take. You have to do this, its a must.
I am a bit time Christian but I do believe in cannabis as a natural pain reliever and whenever they get it squared away here in Florida I am switching over to that. First I will try the Charlotte's strain which has very, very low THC but normal levels of cannabis which is what we need to relieve our pain. If I have to fly to Denver to test it out for a weekend I will just to see if the Charlotte's strain does what they say its doing for people in pain. No smoking it just eat a little bit of it as you get more in digestion than smoking it. I watched a ex-police officer taking this as he has some type of disease that causes pain in his legs. He said it works. I believe the FEDS are in fact hiding the truth from people about cannabis because they have Patent on it for Neurological reasons!!! Think about it, why would they have a Patent on it? Secondly how can a government put a patent on something they didn't create?
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Received a letter today from the IRS and they are stating that since my students loans were discharge/foregiven I now owe them some $$$ because I didn't add the student loans discharge as income to my 2014 taxes. My student loans were discharged because I became too disabled to work and I was awarded TDIU retro back to July 2013.
What are my options? Should I go ahead and pay it or is there something like a benefit for disabled veterans so this should not be included as income?
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Sorry I am late, I've been out of action for awhile. Wow what a wonderful story to read. I can tell you first hand that both John Dorle and Dr. Craig Bash are two people who knows their stuff. I for one have them to help me. But the story for your Grandfather to have to wait that long not realizing the VA screwed him back to Germany and back just takes the cake. Its stories like this that needs to be told in the media to really show America how the VA really treats the veterans.
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Congrats on your SSDI win. Yes if SSA awarded you solely on your VA Service Connected issues like they did me you will get TDIU, its only a matter of you filing for the TDIU and sending them your SSDI letter/decision once you get it. The VA should in fact award you TDIU on the same date SSDI said you became disabled because of the VA Service Connection issues. Do NOT, I say again, do not let the VA give you some bogus off the wall date for TDIU retro like they did me. They cheated me out of a year of TDIU 100% because they did not want to pay me that much like they should have. I am now asking for the retro they owe me. They are suppose to go by the date SSDI says you became disabled.
I wasn't going to fight this but I realized the VA has put me through so much hardship because of IMOs I had to pay for that I need to recoup that $$$$ because of their dumb stinkin' thinkin'.
Do not let the VA push you around, stand up to them. They will try to test you but do not give up, fight them and put them against the corner. My suggestion is you get the Veterans Benefits Manual from lexisnexis; http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=12734
Read it and learn the ropes because you can win your case without an paying over $$$$ to an attorney who uses the same exact books. IT has everything you need to know about the claims process.
Good Luck..
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Thanks all...Got my "official" letter today. It doesn't say much except they found me to be still disabled. I hope they put me on the 7 year review because in two years I turn 50 and that will make a huge difference as they don't usually mess with people who are over 50.
Rob
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Okay official they extended my SSDI..Good news indeed as this will help my P&T Claim which is preparation for decision. Plus the VA owes me retro on my TDIU. The VA should have retro my TDIU back to April 2012 when SSDI found me disabled based on my service connected issues. But they didn't and I am asking for that retro. They only went back to July 2013. Both P&T and retro request are in preparation for decision stage.
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I just completed my first SSDI CDR and all SSDI wants to know if you have improved, thats all. Get them all your medical records, va and private as it appears the VA won't send them all the records that are pertinent. No the VA will not send all your records, trust me I know. Get your VA records and give them to SSDI. What I did was write up my own appeal letter to the CDR. I showed them I am getting treatment, am on all the medications I am on, MD notes and a new IMO. Show them your issues and that your getting treated for them. So folks do a hit and miss with the VA and SSDI. They get approved and boom they quit getting treatment. This tells SSDI you are better. They will also send you to their own doctors and just be honest with them. If you have back issues and can bend that day bend. What happened to me was I was able to bend some but laying on the table the MD could not raise my legs without pain down my back and legs. Believe it or not leg lifts affect you differently than if you stand up and bend. Best of luck and listen to Broncovet..
- TALON II FE and flores97
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No official but I think I won my SSDI continuation disability review. Today I get a SSDI payment which is suppose to happen on the 4th Wednesday of each month but I got it today. The only thing I can think of is they had stopped my medicare during this CDR, yes they will stop it even though you request to keep it. Well they took out medicare $104.90 along with the extra I have with my private medicare company I utilize. Then I go login in back into SSDI and see my verification letter but this time it shows they are now deducting my medicare again. During the CDR whenever they say you can go back to work blah, blah stuff they take down the verification letter. So I guess should be receiving something in the next couple of days saying they are continuing my benefits. For anybody who goes through this and has to see the Physical and MH SSDI even though you already have a new IMO just be honest with them. Last week whenever I had my Physical I was able to bend some but the doctor could not lift my legs without me screaming pretty darn loud. They know if your in pain by the medications you are taking, mainly if the VA is giving them as we know the VA is hard pressed on giving them now.
Again just be honest during the whole process, show SSDI your issues and that your getting help for them, thats all they want to see.
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Had a mental health exam. The Psych Doc asked a lot of questions and really appeared to show interest with my condition. On a side note he use to work for the same company I did before I medically retired. But he was thorough and specific. I hope he seen I was in pain and how much I forget things. I explained to him that I didn't start taking pain meds until 2013 and before that my memory was going bad because I think its the 3600mg of Gabapentin I have to take. That stuff will put you in a fog.
So now its fingers crossed but I have this feeling I will have to appeal to the ALJ because I didn't get good vibes from the MD yesterday on the physical exam. He was just a plain doctor so noway can he override Dr. Bash.
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Well had a exam today and it was only 15 minutes long. Kinda like the MD didn't want to go into detail. He is just an MD not a specialist so I would like to know how to file the in administrative appeal since he was just a plain ole' md chuck like you did just in case they don't continue the SSDI. Tomorrow I have a mental health examination so hopefully it will go better.
He did ask me questions like how long ago I was injured and what were my diagnosis's which I forgot some but that is the way it is I forget all the time now. But I did tell him the EMGs showing upper and lower radiculopathy. Hopefully he will see the medications I am on and see that my issues are real. He did ask me if I was getting treated for the Panic Attacks and I told him yes I go the end up the month for my follow up appointment with the VA. Also he asked if I had surgery yet and I told him the VA wants to implant the SCS which I am still debating but now leaning towards getting it, anything to help me out.
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Okay well talked with Dr. Bash and they cannot override Dr. Bash. Also the VA says I cannot work and I filed for P&T so they are now working on that. I don't care if SSDI continues me or they don't the 5 years limitation doesn't go against me since I was originally approved, I think. I will be 50 in 2 years so they will have to approve me sooner or later. I just think they want to make sure I cannot work because originally I didn't have these exams, no exam actually, and they kept denying me until the ALJ said "Whoa this guy cannot work he has bilateral lower radiculopathy." But what changed from the original filing until now on getting exam is beyond me.
Either way I think the ALJ will continue the SSDI since I am still on pain medication, never had surgery yet and I am almost 50. I guess it would take for me to blow out of disc again for them to continue it. Nerve damage is nerve damage mainly at the nerve root, they do not regrow like other nerves.
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Well if they still deny during my CDR I am going to file to bring in the appeal court ruling in another state, cannot remember which state it was, that was a federal ruling that says that the ALJ must in fact give more weight to a VA Decision such as in TDIU. Don't ask me why people are not using this with SSDI when a federal appeals court rules on it then it can be used in every state.
I don't think they are stacking up against me but they are trying to refute Dr. Bash but its going to be hard to refute somebody who is a specialist in that area of expertise. A new EMG from last year shows I have CHRONIC Lower Extremity RADICULOPATHY and also on top of this I also now have PolyNeuropathy in both my legs all from the L5-S1. I have loss of sensation with pain. You touch my feet they hurt in pain. Plus I just had an MRI that showed at least 4 disc protrusions in my neck and I have a CT that shows Moderate to Severe DJD throughout my whole spine. How can they defeat that is beyond me. But we will see. I remember my dad was in his mid 50s and the SS doctor told him he was going to do what he can to get the disability and he did. I pray this doctor works in the same way for me but I am keeping my cool.
Also SSDI is going to have a hard time trying to say that I can work while on Morphine SR and Morphine IR and 3600mg of Gabapentin. Oh lets not forget the state disability SSA people can say I can drive because you have to drive to work then they are breaking the state laws. I do not drive unless its an emergency, my wife drives everywhere. Its all good because if it comes down to me filing a Federal TORT Lawsuit against them I am sure some attorney would love to pick up the case. Remember SSA must in fact take into consideration any and ALL medications into account.
Chuck you are right a Occupational Specialist is a GENERALIZED DOCTOR and not really a specialist and Dr. Bash would in fact still over rule him with his own opinion. So I will talk with Dr. Bash and let him know about what is going on with the Occupational Specialist.
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I am currently in the Continuing Disability Review Process. Already was told "You can go back to work" even though the VA says "Um No you can't.". Dr. Bash wrote up a IMO on this review writing there is noway I can go back to work. Keep in mind the SSDI was originally approved because of Dr. Bash's VA IMO report because after his IMO was written I was finally given an EMG which gave his IMO 110% accuracy. So Dr. Bash just recently wrote me an IMO again on this SSDI CDR crap I am going through. But it appears the State of Florida's disability is sending me to some Occupational Specialists for an Exam. I just read online that if the Doctor the state sends you to is not a specialist in the area which you are applying benefits for, mine is because of spine and radiculopathy UPPER and LOWER, that the Specialist holds more weight.
Has anybody been sent to a Occupational Specialist for SSDI and if so what do I expect from this type of specialty?
Robert
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This is how the VA makes me feel. They make me feel like I'm just out to get my "fix" because of the pain medications. I didn't take pain medications for 20+ years up to 2013 whenever the VA PM gave them to me. Now that the VA Neurosurgeon said that surgery won't help, which I requested a 2nd opinion from another NS at the VA, they just want to do conservative treatment. I am tired of the Conservative stuff. I have had too many shots in my spine and tons of PT. All to no avail.
I don't care if this gets me into trouble here but if Donald Trump is truthful on what he says he is going to do with the VA I pray he gets the job because we are suffering and I've had enough of suffering. The US government is nothing but a big daddy who doesn't uphold their contracts. If I was able to move out of this country I would in a heartbeat and find a nice island to spend the rest of my days on.
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ArNG11 here is a funny story. I filled out all the Release of Information for SSA to get ALL my records from the VA back in 2012 and 2013. Well long story short the VA neglected to send a very, very important piece of information as in an EMG on my lower extremities. If I didn't have that in my possession at the ALJ hearing I would not have won my case. I do not trust the VA whatsoever and now I don't trust the SSA because it appears they are fighting with each other now. It feels that since the SSA approved all my contentions because of only my Service Connected issues then the VA had to approve my TDIU because of this that now it appears that the VA is going to payback SSA.
Think about this, in 2012 and 2013 I was told the VA would not do surgery because of my age. That was 2-3 years ago but now they want to do surgery? My VA Neurologist cannot give me a reason for the change of heart and to be honest I am still debating if I am going to let them cut on me because they want to implant a SCS ( but hopefully I will change the mind of Neurosurgeon in April). I just don't trust none of them anymore. I've lost all hope but not hope in life just in the system that is suppose to help me whenever I started having issues in 2010. They refused to help me but pushed pills on me. Now the PM Neurologist says "Well the pain killers are not good for you"...WTH!!! Seriously you hypocrite. You prescribe them to me in 2013 but now you are saying they are bad for people. Seriously he said this and I replied what I just said to him in a secure message. I speak my mind and for them to put me on pain killers is appalling whenever they would not do surgery 2 years ago. Oh well I will allow them to decompress my neck but they will not nor will I let them implant some Spinal Cord Stimulator. The more cutting there is the more scarring there is. Then whenever the inevitable happens then all that scare tissue is going to make it worse later one whenever they have to decompress my neck and lumbar.
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Well every and the only contentions that are for SSDI are the same exact ones for the VA. On the original decision the ALJ knew they were all VA related injuries and every one of them are SC'd. So what is the misunderstanding here on the SSDI Review/Cessation? I don't understand how the states rule on SSDI whenever its a federally funded program. I find this a conflict of interest meaning if a ALJ already ruled on the federal level then during any and all reviews it should be back at the Federal Level because the state levels don't have jurisdiction any longer because a Federal ALJ already ruled on it in my favor. And believe me I would not doubt they are going to pull some stunt BS on me by not paying me during the appeal process. I've filed to be paid during the appeals and they already cut off my medicare even though I turned in all the paper work within five days. I turned in my Continuation Review Hearing Request close to a month ago and I still haven't heard a thing back on the hearing I am suppose to have. Its different whenever you have a review like this because you get to have a hearing before the ALJ where on the initial claims you only get a reconsideration review but not the hearing that I know of as I didn't get to go to the hearing back in 2012 during the reconsideration.
If I don't get paid this month then I am filing a Congressional Inquiry as to why when I filed all the proper paperwork and I may check into an attorney on filing a suit against SSA. This week I am going over to the SSA to try to obtain any and all documentation related to the current SSDI Review and if they refuse to give me this paperwork then again I will have to obtain an attorney and I will try to force SSA to pay for that attorney. I am sick of this crap this leadership is doing to this country, just sick of it.
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I'm 47 yr old and SSA is reviewing me right now because I'm not 50 yrs old. Yes three years will make a difference. THey are the ONLY agency or company in the USA that can in fact discriminate based on age. How ? Because Congress did NOT include disability decisions. But wait they did include disability and I best the SCOTUS would eat what SSA up whenever they look at age more than they do the degree of the disability.
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The VA will in FACT approve you for TDIU if SSA approves you for SSDI because of your SC'd connections. I am proof of this and can prove they do. They were going to lower my ratings until SSDI judge said she believed Dr. Bash more than any SSA or VA doctors as the EMGs, the reports that were NOT sent by the VA to SSA, proved he was right. Then right after SSA approved me within a month the VA granted me TDIU. All my SSDI contentions are in fact only VA SC issues. Trust me on this they will approve you based on SSA decision. Now if you file for "Anxiety" but you are not SC'd for Anxiety then the VA will run with this and not approve TDIU because they will say Anxiety is the most cause of your IU. In my case I went out of work just because of my lumbar and cervical issues along with the Panic Attacks.
I promise you they will approve you if you get the right Doctor to do a good IMO.
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Okay I think I may have said a little too much. The way it works is if SSDI approves you for only your service connected issues then you can file for TDIU and win your case 99.99% of the time as the VA usually takes that into consideration. Now some folks say that it won't work the other way around. Well there is a Federal Appeals Case in Idaho that was heard on the grounds that the SSA MUST in fact give weight to a VA decision, meaning if the VA says you cannot work then SSDI must give great weight to the veteran on making their decision. Its just a matter of getting that case recognized with your attorney through that hearing judge or they can just bring that case up in their brief and us it. Slowly but surely these two entities will eventually have to force/recognized each other's decision nationally. I just cannot wait until somebody sues the SSA because they based their decision on age or if Congress ever wakes up and add SSDI cases to the equally rights.
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Diets don't always work. I tried them but Morphine SR and IR are horrific and no diets help. I was taking Miralax (purple cap stuff) but that didn't help with the Morphine. Movantik is the key as its not a laxative. The VA RXs laxatives and thats what they wanted to do with me, noway. I am not taking laxatives as all they do is dehydrate you more than the pain killers do.
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broncovet I brought this up because if your like me and have lumbar issues then this medication will help take some of the pain away. How? Because if your "packed up" I can promise you your legs will hurt more. If you don't go for days you will end up in more pain. This medication is gold IMHO. I love it!!!
DRO hearing
in Entitlement - Veterans Compensation Benefits Claims
Posted
Well I don't know what the REP is doing now but I have somebody helping me write up the CUE now. The DRO will not give in and will not rate it without a new C&P exam. Well hopefully Dr. Bash will do a new Nexus and a DBQ as part of my original payment to him for the same case. I feel the VA is Doctor Shopping and I find it appalling they are even allowed to do that.
Robert