[Just Got Home From My Sleep Study, Its 551 Am]

FLHRCI,

I did see that while looking online yesterday. Obviously, I did not book mark it like I was thinking of doing. I will do some research and see what I can find for ya.

I'm hoping I don't have to but I'm sure I will have to wear the CPAP but I will find out on the 15th. How is SSDI with filing for Sleep Apnea?

Need for cpap machine gets you 50%

odd you mention cervical spondylosis because I have that also where did you find that information?

[Few Questions And Confused With Some Of This............]

I do have a VSO and currently rated at 50% SC for

20% Lumbosacroal Strain

10% Hiatal Hernia including GERD

20% Raiculopathy, left arm as secondary to(10% Cervical spondylosis & Foraminal Stenosis C5-C6)

0% Carpal Tunnel Syndrom Right and Left

0% Allergic Rhinitis

10% Hypertension

- Carpal Tunnel I had an EMG test consistent with carpal tunnel syndrome and another study showing carpal tunnel, I've been though theorapy and given a brace for this but it doesn't help. However, the C&P Person keeps saying I have a negative tinel and phalen results which is not true I told him of the numbness in my 3 fingers when he does these and he changed my answers to his questions in the C&P write up. I will tape record our exam next time. I did a Notice of Disagreement and they did deny this also but it is 0 percent and service connected. Should I go to the DC or Video Teleconference hearing? or just wait?

- Allergic rhinitis - sinus surgery did not help but rated 0%

- Deviated septum - Denied on NOD "granted only when the evidence shows that this occurred as the result of a tramatic event"

- sinusitis - Denied on NOD "evidence shows you till have recurrent sinus infections, but again, there is no evidence that this is caused by sinusitis."

The VARO said "The main cause of sinusitis was the deviated septum., "deviated septum is granted only when the evidence shows that this occurred as the result of a traumatic event" DENIED Also sinusitis "service connection is denied becasue the medical evidence of record fails to show that is disaility has been clinically diagnosed" Should I get my sinusitis diagnosed then?

So, should I just get or try to get my sinusitis diagnosed and into my record? Second, I was in a car accident on duty, government vehicle in Pensacola, Fl. Young and dumb.....the only thing I have is where they did take blood and urine but the vehicle was totalled the eye doctor after I retired found a Cataract from Trama.........not sure if that all would make it add up or not.

I also found in my record and found "multi level disc desiccation C3-4 through C7-T1, C8-T1 Radicolopathy. Should I claim this just as that or is it DDD, or?

My VSO had been pretty negative on everything from the beginning he told me I shouldn't claim what I have and he feels like it all would come back denied, since it was approved he has changed and seemed a bit helpful but I'm leary.

I also just had a sleep study last week and get the results next week. I know I have the "day time" fatigue and all that documented.

My treatment or lack of was between 1987-1990 in Pensacola, Fl........is there a way to get those records since nothing was in my record from this.

Thanks much,

Yelllllooooowwwwwwnumer 5 5 5 5

7 hours left to VOTE........just do it people!!!!!!!

"if you can't go through the bush wack it down"

[Just Got Home From My Sleep Study, Its 551 Am]

FLHRCI,

Good deal. I had my sleep study last week and next week I go for my results. I guess any medical condition can cause sleep apnea but I was looking around today and found that "cervical spondylosis" commonly does cause sleep apnea. So is that about where they rate you is 50 percent for sleep apnea?

[For Vets Who Increase Above 50 Percent.]

If you arre rated at 50 Percent service connect no copay even for non service connected treatments.

[Hello.............]

Hi,

I've only been here for a few months but finally opened my eyes and seen the introduction portion.

I'm a native Californian that landed in South Carolina which is kind of scary at times.

Retired from the Navy and been in the V.A. system for only 3 years. I was about ready to give up

but due to my hard headedness I figure I just have to change the playing field since they make the rules!

[Question About Ssdi]

Free Representitives? In a case that is pretty clear like this would it be okay to use them? Also, does she need to do anything before she submits her info for the ALJ if she decides to use a lawyer or just the free Rep.

Tks

[Question About Ssdi]

Patrick,

Thanks again. I just downloaded a few sections of the "blue book" and will ensure my wifes doctor does documentation geared to their guidelines.

It just gets me that a person could be in an automoblie accident with an 18wheeler, unable to work and doctor says this......been out of work for a year but they will give crap about it and say you are able to do your duties you last held, it's not a problem proving she cannot work period! I think the Judge will be much better but then again I'm not sure but much of what the blue book says will be documented.

Thanks much,

Yelloow

The problem with your regular doctor is he or she does not know the rules as it pertains to Social Security. A lot of doctors write "cannot work" letters, but never get into the reason she cannot perform any activities. Social Security works on the premise that one is "unable to particiapte in substantial gainful activity." Since employment is an activity, you must show that she is unable to perform any OTHER activities. Once you can establish that and show that her works skills are not ransferable, then and only then will you get a favorable decision.

As stated before the ALJ will ask questions about background, education, and work sills; and then ask the Voc Rehab person that will be present if there are any skills she has available to her to perform functions. If the Voc Rehab person says there are no transferable skills, then the decision will be favorable.

Patrick

[Question About Ssdi]

Patrick,

Thanks. She was denied the first time. We seen her Spinal Care Doctor and he said he has stated that she is not able to fulfill her current job duties......SS said they had his records but they still denied it, I guess it's a routine....in a way I don't understand because she was in an accident involving an 18wheeler with treatment that night and ongoing......Aug 29th will make one year.......she was fired from her job because she was on FMLA and the employer thought they didn't need to follow DOL's regs.

Question about the ALJ, we never been to one and hadn't heard much.....will the judge have her records or are there certain things we need to get together?

Thanks much,

Yellownumber5,

Have your spouse attend her ALJ as if it were just another day. Too not take her medictions because of a hearing could skew the opinion of the ALJ. ALJs do not ncessarily have to follow the letter of the law when making decisions. An ALJ can make a decision from the bench, go over the transcripts and send you the findings later on, or can make a decision by OTR. Meaning On The Record alone.

So advise your spouse to take her medications when she goes to the ALJ. If they make her too drowsy and she cannot function it will be noted. But if she does not take them, it could be construed as an attempt to "look sick" and could result in a negative decision. If all your medical records are current and concise, the ALJ will have all that information. The ALJ will ask several questions pertaining to her ability to engage in activities. Then the ALJ will ask the Voc Rehab specialist if any of her skills are transferable. If they are not, then the decision will be favorable.

Patrick

[Question About Ssdi]

So, when she goes for her hearing should she be on every drug they perscribed to her so she cannot function for the hearing process? If she takes everything for her spine she's not able to do much at all.....she just is knocked out.

[Question About Ssdi]

Thanks Everyone.

Allan,

Yes, we are just at the local level with the SSA. We are doing her reconsideration, appeal or what it is called. I know we have 60 days to appeal, should we do the ALJ? In the disapproval letter it did list most of her records, so, I'm not sure what they are reading or if things are just not recorded. She honestly cannot physcially now, I would pay SSA if they could reverse this as it never would have happened.......even if she physically could the meds would not enable her to do such, if we got passed that the mental side of her accident and driving would not allow her to do such but I understand it's not their job to worry about her driving.

We have an appointment to see her Spinal Doctor this week and we are going to or try to have several of her limitations documented. I do know he knows but not so sure what he actually puts down. I could see if she just started her treatment or something but this happened Aug 2005 and she has been through Physical Therapy, Injections, using the TENS, and back to the more so conservative care trying to wait out time over having surgery: she had Thryoid Surgery (T.T.) in April of 2005 and this didn't go so plesant and with the accident they still don't have her "levels" to where they should be and was hospitalized once because her calicum had fell too low and this is or I think it does impeede her progress with this. She just had an X-ray in which every facial muscle was still unattached. Now we found out last week that they said she needs her gallbladder out because since her accident she has been getting very severe stomach pains.

Get this, the 18 wheeler that crushed her, well he asked for a "jury trial", wouldn't that kill him? but it does give me time to drive and stay employed, but the Sherriff asked my wife if she would let him strike the ticket off his record so he won't "ruin" his career. I didn't hear that part or I may have been locked up for at least being disrespectful at the least.

Off topic and dealing with the VA and VAO. I have sinus problems but they say it is due to my deviated septum which is from trama.....However, I think it was due to being stationed in the old building and it was during this time I developed the sinus infections.....probably 2/3's of our building did. Ironically, while I was stationed there at Goose Creek I went to the Branch Medical Clinic and told them of several people all having the same symptoms and when we went into the overhead a few times we seen all the crap up there but I asked for a air quality or some kind of testing which they disreguarded just as me having sinus problems. I drafted up a letter to the Naval Hospital because I had heard they had some air quality test completed. My VAO is like "whatever". When I gave him my original claim he was like you won't get anything, I'm currently at 50 percent with the addition the VA does, lol. As well I have Carpal Tunnel verified by two test the EMG and another that I can't remember but the VA Doctor keeps saying, NO. One last question, is there a blanket percentage or something for Degenitive Disc Disease? I have been diag with DDD, however, I didn't know you even claim DDD as a whole. It was put on my first claim something like DDD (C5-C6) but it was rated as shoulder this and C5-C6 something.

[Question About Ssdi]

Its an opinion but it may help you understand. SS makes it very hard and difficult to escape the criteria that she will not be able to work for at least a year. Most Docs are not willing to ever tell a patient that even when they know there is not a chance. I think it really is a weeding out process and the next step is to get the lawyer and appeal.

Good Luck.

Pete53,

Understand and I've heard how you usually are denied 3 times. I guess what I don't understand and maybe they at the local level tell everyone that they are approved but since her SSI actually went into effect on say...... 2/1/2006 but at a local level he was trying to change this to 4/1/2005 but could not figure out how to do it but he (the local office gentleman) would work on it and get back to her and bamm get the letter in the mail disapproved. We did plan on appealing ourselves.......was leary about the lawyer issues because she's dealing with one for two other issues with this.

If we chose a lawyer does anyone have someone they could trust in the Charleston SC area.

Thanks.

[Question About Ssdi]

My wife filed for disability.

Her medical condition was that in April 2005 she had her Thyroid removed and filed her FMLA then in Aug of 2005 she was in a car accident and totaled by a 18 wheeler and under treatment of the Spinal Institute since Therapy hasn't resolved her issues. Ironically, she was fired from what while on FMLA, they had thought she exceeded her time off but she didn't and that's another lawsuit in the works. While on FMLA she missed work because she couldn't perform her duties, going to therapy at that time plus all the heavy medication they had her on. She is unable to drive, she has difficulty trying to walk and sometimes just cannot due to the lumbar issues giving numbness in her legs, can't lift probably more than 3 pounds from her cervical issues as well.

She did file for SSDI in Jan of 2006, we received a call then a letter for another appointment date at the local office. During our appointment at the SS Office we were told her SSDI was approved (he showed us the print out of when the SSI started) and they already started her SSI but since it was going to be back dated past the back up her SSDI to April of 2005 they had to figure out how to work around this SSI that was approved in Jan or Feb of 2006. Now we get a letter stating she was denied which seemed strange because it was approved partially (right) because the SSI was reflecting in their system? I'm sure everyone is familiar with the letter but it said they have her records or information from the Spinal Institute which seems strange because I don't see how nor why they would say she is able to work. We have an appointment with her Spinal Doctor later this week......is there anything we should make sure he documents or ask him? I have gone thru the VA C&P's and told her pretty much what to say and do.

Thanks very much,

George