kevin4998

I believe a good portion of SSDI claims are won in front of the judge. I went thru the process and understood it could take me till then to win my ssdi, and that is what it took. The appeal on second round was for show I believe, they think people will give up on that round.. I didn't. :/ Its sad the government VA and SSDI believe that denial is the way to go to thin out the claims process, even though you have medical documentation from the start from legitimate doctors. I hope you the best as well in your process.

Same issue, when I went in front of the judge for ssdi, the judge asked the occupational advisor... 1) with current issue of back problems how many jobs are in the local market for this individual? Occupational advisor: 6000 2) with second current issue, and using the 6000 as the base line how many jobs are available for this individual in the local market? Occupational advisor: 900 3) with third current issue, and using 900 as the base line how many jobs are available for this individual in the local market for this individual? Occupational advisor: None. It took three items to secure my SSDI, and if your to succeed with back issues I highly recommend to have more than just the back issue for claims, and/or SSDI. You can clearly see in the e-CFR for back issues it takes allot... well bare movement for ROM to be any help at all on claims. Which is ridicules set very low. I believe this is because a very high percentage of adults have chronic low-back pain, so they make it very hard for it to be worth the issue of making claims good for it. just my two cents.

I am in almost the same boat as you. But, I do have physic attached via service connected DUE to my back. Its hard for me to accept that I can no longer provide for myself let alone my family. I have been diagnosed with major depression due to my back issues. Now after my recent C&P exam for an increase, during the exam the examiner asked why I thought I could not work because of my back issues. I have upper body abilities, I can't lift, nor walk for any amount of time. Twist and bend. Why can't I do sedentary work? I really couldn't give a good answer at that time. I woke up one morning after the exam, with the answer waking me up. "The pain is very excruciating that interferes with my train of thought and making logical thinking very difficult as all I am thinking about is the pain and how to overcome it. Considering the location of the pain radiating ACROSS the lower portion of my back, leaning to one side or another while in a sitting position does little to help relieve the pain. My only other option is to increase my pain medications(I am currently taking Hydrocodone) which is opiate based, which creates even more problems with logical thinking. Increasing the dosage could lead to dependency, when not necessary as my current medication is just enough to keep me functioning with pain some-what controllable. An increase in opiates will definitely cause side effects that will make logical thinking impossible." I don't know if this helps, and it doesn't help me now that my exam is over... but I am keeping this handy for the next time... which I am sure their will be a next time.

Well it is done, now for the wait. I feel it went good and since i was told that my left leg now has atrophy (slight) I think I may see increase in that issue. I was rated 10% on both legs, but now left leg is sever with measured atrophy and right leg is moderate so i could see increase on the right as well, just not as much. I believe my ROM has decreased somewhat but not much and considering it is subjective (even with the measuring device) its anybodies guess. Basically this was a re-consideration on current service connected issues, and TDIU evalution.

http://oi60.tinypic.com/2i11rbo.jpg http://oi61.tinypic.com/2l6t0o.jpg http://oi62.tinypic.com/2lbcc5t.jpg http://oi61.tinypic.com/1533fo3.jpg http://oi59.tinypic.com/9pm39v.jpg http://oi62.tinypic.com/15qribq.jpg http://oi58.tinypic.com/2z9lc02.jpg http://oi62.tinypic.com/2uoktaa.jpg http://oi57.tinypic.com/1z6a4vd.jpg http://oi61.tinypic.com/vyl1l3.jpg http://oi59.tinypic.com/14kdw8y.jpg http://oi61.tinypic.com/5mejoz.jpg This next link is a page that was from IME on a different matter. http://oi62.tinypic.com/dfeqky.jpg I am currently on SSD, which was granted for the following reasons 1) Back problems (service connected) 2) Gerd/IBS (Gerd service connected) 3) Depression/Anxiety (service connected) I know that the VA will only glance at the SSD results, but every bit helps.

hmm the attachment didn't work, trying again.. more than likely operator error on my part. :/ still didn't upload.. oh well.. you should get the idea

From a previous post that I made, someone confirmed I could "possibly" can get TDIU without meeting the percentage requirements listed on the VA website (). That being recognized, the attached is my C&P results that actually put me on VA Pension. And, according to that exam it states on page three of one of the documents: "Ultimately, the medical evidence of record confirms that you are unable to secure and follow a substantially gainful occupation due to your service-connected and nonservice-connected disabilities." And, on page 2 of another document it states: "Further, in order for a veteran to be entitled to nonservice-connected pension, there must be evidence that the veteran has a permanent and total, nonservice-connected disability, as determined by either the VA, or the SSA, is in a nursing home for long term care...) And, on page 8 it clearly states VA Pension granted: "Entitlement to nonservice connected pension IS estatablished..." Which, at this time I do receive. Given this information, and my request for TDIU, and my Mondays C&P General and Physic visit for this very issue might be granted under these guidelines: "b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue." I don't know if I am off base here or not, just wanted to get some opinions as my anxiety is thru the roof atm. Thanks

I am wondering what to expect for this type of exam. On the 5th of next month I am scheduled for both general and physic C&P exams for increase in compensation. I am currently rated at 60% and do NOT currently qualify for an increase to 100% under their guidelines. When I filed for this increase I was hoping to have another item tied into my 60% (sleep apnea secondary due to GERD/Depression with CPAP (va approved)). This would of put me at 80% and would of gave me a real chance at the TDIU, but, unfortunately that claim is still in limbo. But, I have heard (read) where even if I do not meet the va guidelines that they "could" still grant 100% TDIU. I am wondering if their is any truths to this, and what should I expect at the exams for this type of claim? I plan on having my SSD approved letter with me that allowed me to be granted SSD, which all claims for SSD are the same claims I am already approved for VA. Nothing more than those items that got me SSD are the exact same items that got me VA compensation at 60%. I have other issues that are not SC, diabetes would be one of those. I also plan on having my fiance' do a statement, but I am not sure exactly what she should say... I know for her to tell the truth. I have not worked from day one when I filed my claims with VA or SSD, not a single cent have I made other than what the VA or SSD has paid me. It has not been easy to say the least, and I have tons of bills that piled up while I was not receiving anything. Anyway, if any body has any input on these exams or what I should concentrate as far as getting "my ducks in a row"... I would like to hear what you all have to say. Thanks!

I just did the GW Reg Exam in Indy, and by the time I was done... I was so upset that I could barely drive myself home. It was performed by a fancy dressed nurse, and from get go she was not pleasant to deal with as she was obviously not interested in anything I had to say. As soon as I sat down next to her desk, she slammed a few folders on her desk and sat down and immediately started "pecking" on the keyboard. I was not briefed on how the exam was going to be and was not prepared for the first few questions. And, they was simple questions, but I DO have memory problems. As simple as it is for most, I have problems with remembering dates. I was asked about my different times of my service, and since I can barely remember if I take my meds when I am supposed to I had difficulties answering her question; this upset her further. During the exam portion which she did without any confidence of what she was doing she seemed to acknowledge and accept I had numerous medical issues, some obvious some not so obvious such as my skin rashes. At one point she turned to me and started stating that all my issues (including IBS) could be explained in way or another and in her opinion was not related to the Gulf War. At this point I realized that she was about to call the exam over and I "flipped" because she apparently had no intentions of indicating that any issue I had was related to Gulf War. IBS Gerd Headaches Rashes colon removal with in 6 months of leaving service appendex removal with in 4 months of leaving service joint pain back pain pain that moves through out body randomly, burning eye problems, have had to have cataract removed, have lens and still can not see out of that same eye nausea the list goes on.. But since the key wording is "undiagnosed" and every one of the items can be given a diagnoses then they are not Gulf War related. Its a catch all and loop hole for them to do what ever they please. The exam was nothing more but a quick physical exam with nothing to back up what THEY claim. I can only provide so much proof, and I have. Its up to them to put the pieces together and say their is something more going on... but they wont.. period.

I was able to log on just now, but when I clicked on status of claim the page wouldn't load. Got this message as it was loading.. and it seems to be stuck on this even after refreshing the page a couple of times. We're sorry but Claims Status is, currently, unavailable. Please check back again later. » Reload ContentStatus: Cross-Domain Error Bah, still halve asleep.. this E-Bennies not My Health vet.. sorry lol

Not upset at all. I have learned that with IBS, having tolerance is a requirement to help keep IBS in check. I keep myself in away from drama of any sorts and I try to not create any if at all possible. I just was hoping people would chime in as I have allot of other issues that I am trying to formulate a plan to take care of, along with trying to be rational with getting what I "believe" my claims are worth. No, I did not raise the suggestion that my IBS was or I believe that it is Gulf War related. I wanted to see what/where every issue I had landed (denied/granted) and what direction each would take me, before I got down to specifics. Now that I know where I stand, its time to start punching things into the direction I feel they need to go. As far as pyramiding, their is post here on Hadit, as well over the internet that I have found.. that on certain circumstances I have seen they (VA) has granted both Gerd and a separate rating for IBS. I do not or have figured out why in one instance it will be granted while in another service member it has not. I would like to know, but as of yet have not found a "clear" clue on what will make the difference. I don't know if my claim will be granted or be considered pyramiding... but it doesn't hurt to try and see what happens. I have always been independent, I have lived on my own since I was a teen. I grew up in the military, I was strong and always pulled my weight. When I started getting more and more in capable of doing this, I was stubborn and could not except the fact that my health and my lifestyle was changing. I left Ford Motor Company, making 26.50 an hour (with of course great health bennies) to find a job more suitable to my physical limitations. During this time I became very depressed because over four years I had made less than 15K with a wife and two kids to house and feed. I eventually loss my wife, and even my kids due to lies from ex's family indicating that I was not trying.. when in all actually I was but limiting such things as construction (this was their field mainly) as I knew I wouldn't last long. This made me even more stubborn to except the fact of my physical abilities had changed my life. Even so much that my mind fully excepted that I was as fit as the day I entered the military. When my world came to a crashing halt and my ex filed the paper work for divorce I went to talk too a lawyer of course. As my lawyer and me talked about all sorts of things about my family and myself.. she gave me this little bit of advice. That I should not self diagnose. I am not a doctor or nurse or any such things that are even remotely come close to any of these. This was in a time that I did have a job, but, could barely work because of my medical issues. I was on the verge of loosing my job due to loss time of work, no prospects with my limitations of finding a job, even at below minimum wage. It was the most valuable information I have ever received. I went on medical, immediately applied for SSD, and VA compensation. I was able to survive (modestly) with my medical pay of leave for the year it took to win my SSD. Almost two years later I won my VA Comp at 60%. This is a fact, and all because "this" lawyer encouraged me to try. That's all we can do, and what I will keep trying to do. Never Give UP!

Comments?

I talked to one of the docs at Roudebush that does the Gulf War Registry. And, what he told me was to call the 800 number and request a review. Do not appeal as it will take 4 to 5 years. I have an endoscopy and colonoscopy (at VA) on the 22nd of this month and will have those available (hopefully showing some evidence as to the damage that has been caused by my IBS as I have had it for so many years and it has been sever at times) Not to mention they only gave me 10% for the Gerd while I have Barrets due to the Gerd. I believe that should be a higher percentage and with this endo, I may be able to ask for review with that as well and get a higher percentage.

Medical Description: Irritable Bowel Syndrome Denial Reason : • We did not find a link between Irritable Bowel Syndrome and military service. • Your condition is not one of the chronic diseases that VA presumes is related to your military service. The VA medical opinion found no link between your diagnosed medical condition and military service. The examiner determined that the claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event or illness. The examiner explained that you had GI symptoms documented while in service, that was diagnosed as GERD. One note questioned IBS. but also noted PUD/GERD. Further workup which included upper endoscopy confirmed GERD, without Barrett's esophagus. While IBS was diagnosed by symptoms in the community in 2003, workup to rule out other diagnoses had not been completed (including stool specimens, colonoscopy (record indicates that while consult was placed that you declined last year). The diagnosis of IBS is one of exclusion and therefore additional testing must be done to rule out these other conditions. The examiner opined that it is unlikely that your symptoms at the time of diagnosis were due to IBS. Furthermore there is a significant gap in time between your service and the diagnosis made (six years).

Yes, its in all my paperwork, even at the VA

I am a gulf war vet... I have one documented visit to medical after the gulf war for IBS. I was given over the counter meds at this visit. got out of service in 97 every since that visit I have taken OC meds for this issue, since not much else can be done other than watching what I eat. I have seen private docs for this issue getting out of service. Not very often but I do have paper work from docs stating so I submitted this documentation along with a claim for IBS to the VA I was denied I thought IBS was a presumptive, so I did not even think that this would be an issue for being a denial. I took my awards letter (I had other claims in that did go thru) to my VOF office that some how ended up as the go between (still trying to figure that out, how they became my coordinator.. as I originally went too a DAV's office to file my claim). Anyway the officer their told me that IBS was NOT a presumptive.. not like Agent Orange. I tried to explain that everything I have read stated that IBS was a presumptive. All he would say is that its not the same as Agent Orange. This is got me really confused, because this guy is telling me basically that their is two different definitions of presumptive concerning IBS and Agent Orange. Can some one please explain to me what the difference is? I am not asking to know the differences between AO and IBS, obviously I know the difference of the two.. the wording or a link explaining the differences in "presumptive" is what I am looking for. Thanks! Sincerely Kevin

Last year when I had my CP exam at Roudebush VAMC in Indianapolis the notes was taken by a third party and as such I was told they would not be available EVER on My Healthvet.

So the attach file is my brown envelope with blackouts as needed (hopefully I caught everything). I believe I have allot of manueverability in getting too 80% or even higher. E-Bennies was wrong as effect date as you will see, it went back to when I filed my claim, still on pins and needles waiting for it. I had an issue with my bank that is now resolved but put a delay on the retro hitting the bank. No biggie, makes me sit back and contemplate things a bit further. My main issues know is claiming the CPAP as a secondary to either GERD or Pain Disorder. This will be a new claim and I am not sure how I should go about it, since apparently all I need to do is show documentation. Sorta confused how this process is setup, as we can submit new evidence up to one year of award date. Opinions? And any and all opinions would be greatly appreciated. I made sticky notes on things I was wondering about in the pdf. One of those being the fact they state the individual unemployability was going to be addressed. Don't know why that would be considered as I am 60%. I have not recieved a letter on that yet, but it states I would. Also, with my non-service connected issues, and connected issues that they DID consider me unemployable.. hmm does that mean when I go above 70% I shouldn't have a problem with getting TDUI? I will be watching this very closely to see what everyone has to say about all this. Thanks for all good wishes and such Sincerely Kevin Well so much for attaching, can't get it too work. I will have to extract the important stuff and try again tomorrow.

I had to go into Indy Hospital (Roudebush) and they had too visually see my drivers license and then they upgraded my account themselves on the spot. Finding the right office to have that done in the hospital was a pain, but that is what it took for me two years ago. And I believe I also filled out a one page form also. This had nothing to do with a regular account because I had that, so it dealt with a Premium Account.

Just wanted to add... The military has/had taught me the one thing they should of not.... and I am sure that applys to many of you out their that have or having to go through the red tape of the VA to get your entitlements... Perseverance That is the conundrom the VA is facing, the very thing we was taught as military men and women.

Of course it all depends on the envelope has to say. But, the following is what I actually believe the awards should be at. 1) Irritable Colon Syndrome (7319) at 30% a) W/Secondary of Rectum and anus, impairment of sphincter control at 30% (First Nexus) 2) Gastro Esophageal Reflux w/Barrett's Disease at 30% (no code that I have found, and I have seen several BVA cases which have distinguished wins seperating Irratable Colon Syndrome (Second Nexus, seperating the two Gastro issues) 3) Hernia Hiatal (7346) at 0% (did not file this, unaware of it (no SMR at the time) but to get too item #2 and the following I will need it. (NEW) b) W/Secondary Sleep Apnea Syndrome (6847) at 50% with CPAP (VA authorized and granted) (Third Nexus) (Gulf War Vet also applys as well for the above) 4) Spondylolisthesis (5239) at 60% (Pain is constant (12 month rule if i can get a doc to sign off on it) (level 6 too 7 on pain chart, requiring constant script meds with no chance of improvement x2 surgeries no plans for more due too higher than normal risks) with 0% motion to the back) b) W/Secondary Sciatic Nerve (8520) at 40% (Fourth Nexus) 5) Chronic Adjustment Order (9440) (Major Depression, Anxiety, AND PTSD) I know that the higher of the three will be selected. at least 30% or 50% depending on evaluations from envelope to me getting private IME's as soon as see what they (RO) has in brown envelope. b) This was claimed on first round, but knew that it would probably be shot down without Nexus (5th Nexus). I could break all of it down to as why, but, really I am just not in the mood atm or have the patience. I had other claims submitted that all I am sure got shot down, I knew they would, still do not know why the DAV I was working with had me add them when I knew I did not have those issues or I had no documentation on them. I know I have a long way to go, but we will see where that road takes me. I have nothing to loose and allot to gain. I have an issue of concentrating on all of this constantly, as my fiance' has mentioned. First it was SSD (won), Second was this round, Third is what I am about to go through. I know I must start my life now that I am actually able to pay my bills and not rob Peter too pay Paul to make it happen. And, I am working on it... slowly. Question is if i do get what I believe I am entitled too... and since my life has revolved working all this out for the last 10 years and adjusting to my new life.. then what am I going to do? I know many will chim in and say enjoy life, find a hobby. I wish I could but realitity of it is, I have lost my kids, a wife (if you call her that) jobs and any social life I did have before all this started. With the physical limitations I have now, I find it very hard to find ANYTHING I am able to do for any given period without being in so much pain I want to just sleep or spending my entire time in a bathroom.... (shrugs) Just dont know.

I have not recieved my brown envelope yet, should get it in a few days. Bennies states awarded 60% for new claims I had started in May of 2011. Zero to 60% not bad, but I know without even seeing reasons for % that it is a low ball. I filed everything pretty much by myself before even knowing about Hadit, if I would of known about Hadit I would of done a better job with the wealth of information here. During my two C&P exams last month I requested and denied DR notes before leaving, them stating that I would have to go too the Release of Information office to obtain records. Release of Information had no documents pertaining too the exams and stated that it must of been entered to RO office via a third party and that since that seem to be the case they would never see what was entered. Don't quit understand that, but I will see what I need to see soon enough... no big deal. I know I will need NODS, Nexuses and either a lawyer and/or IME soon. Will be asking about that later after I get and review the brown envelope. No money (retro) in the bank as of yet, Bennies award had a date of 6/11/2013. That will be a NOD as it stands anyways because even though I started this in May of 2011, they only retro'd back too Dec of 2012. I checked my calendar in MyHealthVet and nothing was diagnosed or claimed (impairments discussed with DR) during that month. So I am assuming they pulled that date out of their preverbial.. umm well you know. Overall I am still happy that I was awarded 60%, even though I know it was lowballed and retro was not what it should be. I had figured with as many mistakes I made it would be no more than 50% if not 40%. I am guessing to clear backlog, and not award the possiability of TDIU for most, most will awards will be of 60% or less. Breaking the fed bank as they clear the back log would not look good for them while trying to please the chain of command. I will update once I recieve the brown envelope. Thanks Hadit, as I would not know what I do now and not realize I got lowballed if it wasn't for Hadit

Thanks jbasser, my anxiety (diagnosed with) is through the roof to say the least. As many probably can contest too that these exams outcomes are literally life changing events, not just for oneself but for families as well. Since this is a general exam, I am wondering if I should mention items they may not cover. Example is: Part of my claims are Gerd. I have in my SMR Hiatel Hernia and Gerd, my plan is to connect the two... but do not have a claim in for Hiatal Hernia (as I did not realize this was in my SMR at the time of filing claim). And, just recently was diagnosed with Sleep Apnea which has been linked to Gerd and I have seen BVA awards based on this. So I plan to claim that as well, but, again this is not a claim I have submitted as of yet. Suggestions would be greatly appreaciated. Thanks

Got a call from Indy hospital this morning to come in and do my first C&P (General) exams for claims that date back too May 2011. I will be going in on Wednesday this week. I have also got C&P physic exam next month. Very excited as I am not rated yet, and this is my opportunity to get the ball rolling. I hope from this point forward I see the claims start too move to end quickly.