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iceturkee

Senior Chief Petty Officer
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Posts posted by iceturkee

  1. I served in the Marine Corps from 1980-2000. During Boot Camp and throughout my 20 career and even now, I suffer from incapacitating lower back pain, which is far worse today than it was during my years of active duty. The back issue was noted during my VA exam upon retirement, and didn't receive at rating in 2000 after I retired. In 2014, I decide to file a claim due issues with my, which had worsened. In May 2015, I was awarded a 10% disability rating under VA Code 5235. I know for a fact the lower back pain I experience today is a direct result of the trauma, wear and tear and misuse of my back during my military career. A recent MRI shows (Mild facet hypertrophic changes with congenital shortening of the lumbar vertebral pedicles resulting in mild narrowing of the neural foramen at the L3-4 through L5-S1 levels bilaterally. The central canal is patent throughout the lumbar region). My Doctor stated these are just terms that mean I have Degenerative Arthritis. I'm trying to determine if I should file a secondary claim for this issue under my current disability rating for my back pain or approach the Degenerative Arthritis as a separate claim seeing the range of motion has already established under my current disability rating?      
     

    do i understand that you are currently 10 percent for your back and you want to file an additional claim for the same area? if not, then please correct me.

     

    first, the va is going to treat the thoracic and lumbar area as one. if you are experiencing worsening in the area you are connected for, then file an upgrade. but i don't think you can do what you are asking. i am currently 40 percent for my back.

  2. PUREADY,

    Your just a little bit paranoid about  gettingTDIU P&T & working right? Well your right if a veteran works for pay and getting TDIU   he/she will probably get a letter propose to reduce.

     

    However

    Show me in the CFR'S or any VA Regulations  that a veteran can not do volunteer service if he /she is sc at 100% or TDIU P&T WITH SMC's and if they do they will be reduced in rating?

    Doing volunteer service  the veteran is not paid a dime.  It's just giving your time to help others and helping yourself doing so.

    I think the VA would welcome veterans to volunteer service...its good for everyone!

    I know a war war II veteran that volunteers every morning around 5:00am at my VAMC  He is 96 years young  in a wheel (electric)  he meets the veterans every morning welcoming them with hot coffee cream sugar...he is  getting TDIU Plus 4 OR 5 SMC's  he has been doing this for the last 40 years  and he is the kind of veteran I look up to and I & other veterans show him a great deal of respect for doing what he has done and sill doing.  he still wears his old units uniform with all his medals  and I think he is awesome  and  represents what a great veteran truly is.  I enjoy listing to his war war II stories.

    We all know if we are getting TDIU  Rather or not P&T CMC's... We all know we can't work and make lots of money...actually we can't work if we wanted to!

    & sure if we do then yes  the VA will be down on us and yes reduced our rating.

    Volunteer Service is a whole different subject   its not meant to be your working for pay but helping in a good cause. and for some veterans its good therapy.

    if your able?  to try it some times you might love it and meet some wonderful folks at the same time.

    we all need to get along and be polite to one another and keep things civil

    PUREADY  You need to keep it civil to each other and be more polite in your post.

     

    ...........Thank You!

     

    ....................................Buck

     

    part of the reason i received unemployability is because of my depression/anxiety issues, especially when with others. the shrink who did my depression comp and pen wrote that this would proclude me from sedentary work.

    i am confused here. if you can volunteer a few days a week, that is consider sedentary (in my book anyway). so how does it not affect your unemployability?

  3. SemperAye,

    I gots a quick question for ya!  Your friend the Marine, is his 20% from the Marines or VA? If he was med boarded out, his VA rating should be 50% or more, I would think.  They aren't the same.

    For example, when my father retired after 24yrs AD, the Army gave him 20%. He turned that down, and received 70% from the VA.

    Your friend should be able to contact his local county office VA rep to find out about he GI bill.  And if served post 9-11, he should certainly rate the post 9-11 GI Bill.  But I don't know for sure, since I am a pre-9-11 type Marine, myself.

    Semper Fi.

    Andy

    i intially got 10 percent from the navy and 10 percent from the va.

  4. iceturkee,

    Suicidal thoughts are what finally forced me to call for help, so far the MH doc who is seeing me just wants to talk about what I'm feeling when I'm thinking things.  And what I'm thinking when I'm feeling things....and then for me to self analyze what I'm thinking, why, is it right thinking, and if so Y or Y not???  Nothing is changing, or seeming different. Except I just feel like I'm just getting brushed off.  Is this how it's supposed to go,  before I begin to feel any different? Am I supposed to feel like I'm just wasting my time, that in the end I'll be better off dead?

    Seems the only thing doc is interested in is asking how often, if any, I've had suicidal thoughts or ideations since our last session.  He's got lots to say, and stuff he wants me to do or try or think about, but so far doesn't have much interest in what I have to say, or how I feel.  Maybe it really is just in my head, and not really real

    i have never had suicidal thoughts so i'm not sure what you should or shouldn't be feeling. the fact you are seeing someone is a place to start.

  5. andy,

     

    both my rheumatologist and then primary care doc plus a friend who was the then drug and alcohol social worker, told me there was no shame in seeking help for depression. i finally went on anti depressants. and i recently graduated from the telecare mental health program after 4 years. guess i learned the hard way there is no shame in admitting you have a problem. the only shame would be if it got so bad it drove you to suicide. god bless. :-)

  6. Ice turkey..

       It sounds like you are fairly new, so maybe you dont know that you should start a new topic to get your questions answered.  However, I will respond.

        My answer is, "It depends".  I suggest you do these things:

    1.  Since you are at 100%, my guess is you are seeking SMC, as that is the only way you will get additional benefits.  You can look up combine your ratings and see if that would total the "100 plus 60" for SMC S.  AND

    2.  YOu should review your cfile and see if YOUR DOC indicates that your back problems are at least as likely as not related to the fall in  military service.  

        If you meet those 2 above, then by all means "go for it". 

    However, if you dont think its gonna bring you to "100 plus 60" OR you dont have a valid nexus, then you need to decide if its worth it.    You see, if you dont have a valid nexus, then you will likely need to spend thousands on an IME/IMO, and if it wont result in additional compensation, I would not persue it unless you have a compelling reason.    One compelling reason is that you have "loss of use" of your foot or feet.  That is SMC in of itself.  

    i am 40 percent for my back. i am receiving 100 percent because of unemployability. and i wasn't thinking in terms of special monthly compensation. my primary care doc has said in the past she believes my back issues are responsible for my foot issues but has never written that in her notes although, she lists lumbar radiculopathy as a problem. i have had several emg's that comfirm this.

     

    my last foot xray indicated i had baad high arches, hammertoes and arthritis. those were done 3 years ago so the comparison should be interesting.

  7. i have a question. i have a long history of back problems, stemming from a fall down 2 flights of stairs (i broke it after the first flight and rolled down the second) in the 70's. the culprit ws i had bad feet and couldn't wear heels. i strongly believe my entrance physical didn't indicate aany type of foot problem.

    flash forward. i now have pain in both feet which bothers me, even aat night. i am also experiencing some numbness in both feet too. they were both xrayed friday (9/11). and a consult to podiatry is forthcoming. i'm debating whether or not i should file a claim.

  8. andy,

     

    from what i remember the psychologist who did my exam, covered just about everything including how old i was when i had my first sexual experience. i recall telling her things like i needed the television on at night because i couldn't sleep in the dark. and if i didn't have pets to care for, i wouldn't get out of bed.

     

    if the doc is doing their job, it will no doubt be a painful experience. if i think of more, i will gladly share.

  9. this was in late 2010 i believe when i filed the claim, because my c&p was in april or may 2011. i didn't use ebennies. i filed the paperwork the good ole fashion way. but i filed it specifically as a secondary claim to my chronic back pain.

     

    i should add that during my c&p, the doc reminded me i had really bad mood swings right before my period when i was in the navy. it was so bad, i went to sick call. they gave me meds and started me on relaxation exercises.

  10. Hello,

    I want to know, is it better to file for depression, my MH doc has DXd me with MDD, but didn't clarify as SC, or go for depression as secondary to chronic pain?  I have paper proof of NSAID usage since 1992 on AD and through the VA.  Thanks

     

    Andy

    Hello,

    I want to know, is it better to file for depression, my MH doc has DXd me with MDD, but didn't clarify as SC, or go for depression as secondary to chronic pain?  I have paper proof of NSAID usage since 1992 on AD and through the VA.  Thanks

     

    Andy

    andy, my depression was rated as secondary to chronic pain.

  11. I think we are talking about different things here. 

    There are the current military, which are set to receive a 1.3% cost of living allowance this coming calendar year based on the president's budget (same percent for federal civilian employees). 

    And then there is veterans administration disability compensation (and military retirement pay) which is the same as the annual social security cost of living increase.  Everything I have read suggests there will be no cola this year.

    but i know the house (and assume the senaate) passed a cost of living increase for veterans.

  12. Iceturkee,

    The regulation is confusing.  It says that one disability must be 40% or 60%.  But that one disability can be a combination of disabilities in these five scenarios.  The regulation reads: 

    "For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war."

    This is the full text of the regulation 38 CFR 4.16(a)

    So even though it says 'one disability' it does mean that.  This is classic VA language that just contradicts itself and makes it hard to understand what a veteran needs to win.

     

    Vietvet-- with those limitations I would contact a Voc expert to see if he will write an opinion for you.  IU is a subject standard and VA must take into consideration your background when evaluating you.  My firm has had good success with Patrick Clifford out of North Carolina.  He has been an expert for veterans nationwide and he understands the VA process

     

    it was always explained to me as one disability at 40 but i see what the reg says. they are always confusing!. thanks.

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