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Honest John Lance
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Posts posted by Honest John Lance
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John, it took 20 months from when I applied but I am awarded going back almost 2 years.
How many years did it take to get the award?
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Thanks Berta, I just sent in a NOD on my back asking for a rating for bilateral severe nerve root compression. I am 20% for Degenerative Arthritus of the Lumbar Spine. I asked for an increase and they left me at 20% because my forward flexion is > 30%. When they considered my claim they had 2 MRIs indicating the nerve root compression and the C&P exam noted bilateral peripheral nerves being affected and Lasegue’s sign being positive. They basically ignored that information.
This GREAT news and if the SSA award was solely for SC conditions, time to apply for TDIU and tell them of this award.
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Well I checked the SS website for my application status and it said that a decision has been made. Checked with the bank and there was a large deposit from SS for backpay, no doubt. Wow, so glad it is over and with success. Had a really good judge and very experienced attorney. Thank you Lord!
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Wow, now that is what I call desperate!! I hope you loaded up on pain medication first.
John,
Don't just sit and wait; I've fallen thru the cracks before and, if I hadn't followed up, Never would have gotten an appointment.
I was waiting for so long for cancer surgery (where time is not your friend) that I tried self-surgery and gave my PCP & referral docs the links
and I finally got a date scheduled.
Raise hell!
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Just wondering if anyone could tell me what the average time it takes to get an appointment for a referral by the PCP. The RN that I saw referred me to get xrays and then to the physical medicine rehabilitation clinic. I was told it take 30 days to get the appointments but it's been longer and no word.
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Congratulations John46, its always good to hear of someone's success with the VA. I'm sure you will also be successful with your TDIU since I know you will follow the great advice received on this board. Good Luck!!
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If the FDA and DEA and doctors or patients are worried about the acetaminophen in percocet, you could ask your doctor to just give you the oxycodone alone. I believe that they make the oxycodone pills as low as 5 mg. I read where the reason that they put acetaminophen in percocet is because it reduces fever and has a different added analgesic effect. But there are lots of people that get good pain relief with just the oxycodone.
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Yeah, I'm sure glad that she came to her senses. Now if Secretary Gates would just do the same, that would be even better!!
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Welcome to hadit Brook. This board is an outstanding source of information. You can find the answer to just about any question that you might have. If you can't find it, just ask and someone will know. Happy reading.
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As far as I know there is no advantage having a disablility rated as primary or secondary. The difference is usually if a disibility is primary sc'd it's because it was in your smr. If you have a disability that develops because of a primary disability, then that disability would be secondary to that disability. For example in my case, I have a primary rated disability of degenerative arthritus of the lumbar spine. I developed bilateral sciatica over the years due to the degenerative arthritus of the lumbar spine. The bilateral sciatica is secondary. The VA will still give you a rating for the disability it deems as sc'd whether it is primary or secondary.
Can someone please explain to me what the advantage is to have a claim rates as primary vs. secondary?
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Here is the official directive from the VA:
The clarification came in a July 22 directive from Dr. Robert Petzel, Undersecretary of Health for the department. "Veterans Health Administration policy does not prohibit veterans who use medical marijuana from participating in VHA substance abuse programs, pain control programs, or other clinical programs where the use of marijuana may be considered inconsistent with treatment goals," he wrote. "Although patients participating in state medical marijuana programs must not be denied VHA services, modifications may need to be made in their treatment plans. Decisions to modify treatment plans in those situations are best made by individual providers in partnership with their patients. VHA endorses a step-care model for the treatment of patients with chronic pain: any prescription(s) for chronic pain should be managed under the auspices of such programs described in VHA policy regarding Pain Management."
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Welcome to hadit Veldrina. It's really great to have a someone from the VA here who can enlighten us on some of what happens on the VA side of the process. Looking forward to reading your posts.
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gousto, are sc'd for your left shoulder? If not you could probably get it sc'd secondary to your right shoulder for overuse.
§ 4.26 Bilateral factor.
When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added ( i.e. , not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10's representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.
I,M 30% FOR RIGHT SHOULDER,I'VE JUST COMPLETED MAJOR SURGERY ON MY LEFT SHOULDER DUE TO OVERUSE.
HOW WOULD THE BILATERAL FACTOR APPLY TO ME?
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Congratulations Carlie! Just goes to show everybody that if you have tenacity and keep up the fight that you can make VA do the right thing. Always good to see a win! Enjoy the fruits of your labor.
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Deltawife, I appreciate your concern and apology but really it was no big deal. Good to have you as a friend on this board and likewise if I can be of any source of information to you I will help. This is an awesome place to find information and support and has already been a benefit for me in my next step with the VA.
Honest John,
So sorry, didn't mean to hijack your story and mess up the thread. I'm a newbie and didn't realize that was happening. Good to meet you and I would like to add you as a friend.
Again, so sorry....This is a great site. Wish we would have known about it a little earlier. If there is anything you need to know it seems you came to the right place.
Take Care,
Deltawife
Patti....trying to help my husband.
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I plan on filing a claim for service connection for sciatic nerve damage secondary to my already sc'd degenerative arthritus of the lumbar spine. When I asked to be evaluated for a rating increase last summer for the degenerative arthritus, it was mostly because of the sciatica. Well I have since learned thanks to the hadit forum, if you don't specifically claim something, then VA will ignore it. That is what they did even though my C&P exam noted the peripheral nerve being affected, the MRI showing DDD with sciatica, my complaints of radiating leg pain and numbness/paresthesias of the toes. So my question is do I use the new claim form 21-526 or the statement in support of claim form 21-4138?
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Congratulations Durock, way to go! It is always nice to hear of someone's success story.
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Thanks for the big welcome Carlie. I really didn't mind being hijacked... it was kinda fun! :) I and I'm sure everyone on this board really appreciates how you keep things in order and all. Welcome aboard Deltawife!!
HELLO ....................
Not to be rude or abrasive but this topic has turned from new member Honest John Lance
post of Introducing himself into another new member's (welcome aboard Deltawife) topic for
Claims/Benefits Research.
I would try to split it up into different Forums but it's gotten too convoluted at this point.
A big welcome and sorry for the hijacked topic to Honest John Lance.
Anytime someone wants to go off topic - let's please start a new topic
under the right Forum.
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Congratulations Monster! Correct me if I am wrong but I think that DFAS is returning 70% of the VA waiver in 2011. Then 2012 = 80%, 2013 = 90% and at last 2014 = 100%.
Looks like some of the retro will hit tomorrow. It appears to be about half of what I thought it would be. I think the VA only backdated it to June 2010 instead of my retirement date of Sept 2009. I wonder how long it will take DFAS to pony up their part of this? Time will tell, but in all it looks like Christmas is saved!!!
Monster
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So did the VA give you the bilateral rating? I think they add the two percentages and then add another 10% of that. For example, if you were 10% on the left side and 10% on the right side then your rating would be 10 + 10 + 1 or 21% total.
Yes I am rated 20% for left side and 10% right side.
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Postman, since you have bilateral sciatica, did the VA give you a rating % for each side or just one for both?
Honest John, My award is left side sciatica and right side sciatica which now is bilateral. I too have ddd of the lumbar spine in which I am awarded 20% for ROM.
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Postman, is your disability actually referred to as "sciatica" by the VA? Is that different from DDD or Arthritus of the lumbar spine? Reason I ask is because I am rated for degenerative arthritus of the lumbar spine but I also have bilateral sciatica which I could claim as secondary.
Hello all! finally heard back from the VA. I received 10% for left arm radiculopathy and 10% increase for right side sciatica which was at 0% which brings my total rating to 60%. My anxiety claim was deferred, guess I am waiting on another c&p for that, long story. It is good to see some movement at the St. Petersburg RO. My claim was at the rating board since 10/6/10. Thanks to everone at hadit.
Postman
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I am in the same boat as you are as far as being low balled at 20% on my DDD w/ bilateral sciatica (VA rated it as Degenerative Arthritus of the Lumbar Spine). My last C&P was 0-40% forward flexion. Personally I feel I don't have that much ROM. VA stated that for a higher rating of 40%, I would need a forward flexion of 0-30%.
thinking about the epidurals legs are going numb this is from my failed back surgery....just waiting to see what my claim will be...been dealing with the pain for a long time but been getting low balled with a 20% rating for yrs
3rd claim on back
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That's good information Pete. I always thought that if a pill was scored, it was safe to split.
Nervous About C&p Exam For My Back. Will I Get Screwed Because Of Rom
in Entitlement - Veterans Compensation Benefits Claims
Posted
The 40% ROM will only get you 20% rating which is what happened to me. I put a NOD (pending) because they ignored my bilateral radiculopathy. They should have given me a separate rating for the radiculopathy, at least 10% bilateral. The fact that you were on bedrest may help you.