StreetWalker

This is a interesting discussion. I was awarded SSDI in three weeks solely for my service connected back. No exams or appointments. That was in August 2012. In January of 2013 the VA denied TDIU and went so far as to say that since I was scheduled for a reevaluation on my SSDI that my disability was not considered permanent, never mind that my reevaluation was scheduled 5-7 years from the award date. My VA PCP stated that my service connected conditions made me unemployable, I had SSDI and they based the denial on a incomplete and fraudulent C&P exam. I was aware of the problems with the C&P and informed the RO, I also asked for a new C&P. Didn't make a whit of difference.

In 1980 I received 20% compensation for my lower back. In 2012 my back got so bad I could no longer work. One has to look to the future. The best thing you could do right now is get buddy statements. As was said they should not diagnose you. Instead they should relate what they observed. It's still going to be a very uphill battle since you have no treatment in service and no continuity of care.

With no medical documentation while in service and no continuity of care since you've got a hard road ahead. Best I can say is good luck.

Never had a meeting. I filed a reconsideration. Received new C&P exams which were favorable. Claim is now sitting in Prep for Decision.

So my claim is setting at Preparation for Decision and it says a development letter has been sent. This all happened on the 3rd of this month. So far no letter has shown up. I'm to the point where I'm starting to think it's a stall tactic. If I don't receive the letter tomorrow I guess I'll head down to the RO Monday and talk to my VSO and the VA and see what's going on. It's a TDIU claim and I can't for the life of me figure out what kind of letter they need. 5103 was sent in back in July, C&P exams are complete and have been received. Ortho doctor stated I'm unable to do any kind of work due to the limitations caused by my back and my need to constantly switch positions.

    Here's the problem. If you're collecting unemployment then you MUST be looking for and available for work. If you're seeking TDIU you are stating you CAN'T work. If you're doing both you're lying to one Government agency. TDIU is not unemployment. Just because you're going to be unemployed doesn't make you unemployable. I worked with people in the Postal Service that were totally deaf. Unemployability for a hearing loss might be hard to prove.

Hate to say this but a Social Security award doesn't mean squat to the VA. I was awarded SSDI in less than three weeks using nothing more than my VA medical records. My award was based solely on my service connected disabilities. SS did not require any exams. VA denied my TDIU based on a incomplete and erroneous C&P exam. As for the doctor's letter. It's all in the wording AND the reasoning. It's not enough to say that you can't work. They must provide WHY you can't work. If the VA C&P examiners stated that you can work you have a uphill battle coming and I would not expect any change from the meeting.

    Doctor was a shrink. I'm already SC'ed for depression.

Here's what it says about the impairment. Occupational and social impairment with reduced reliability and productivity and this Vet appears to suffer from an increase in his symptoms of depression caused by his SC back condition. HE suffers from moderate social, emotional, and occupational impairment as a result of his depressive disorder symptoms.

Will do.

That's the funny thing. There is no GAF score in the DBQ. However impairment of daily activity.

My C&P exams have all shown up on MyHealtheVet and I has some questions about the MH exam. Here's what the doctor had to say. 3. Symptoms -----------For VA rating purposes, check all symptoms that apply to the Veteran's diagnoses: [X] Depressed mood [X] Chronic sleep impairment [X] Disturbances of motivation and mood [X] Suicidal ideation Behavioral observations: VEt appears as a bearded, morbidly obese, Caucasian male who walks with a cane. He was oriented to person, place, time, and the purpose of the evaluation. He admits to occasionally thinking about suicide without a specific plan. HE denies having homicidal or psychotic ideation. There was no evidence of hallucinations, delusions or of significant cognitive impairment. Vet complains of suffering from a chronically dysphoric and irritable mood, and he displayed a wide range of affect. Since I really am having a hard time focusing on things right now due to meds and fatigue from my radiation treatments could someone help me with this? Thanks.

Home Depot here in Portland still honors my VA ID card for the discount.

My previous experience with the Portland RO is that my claim should be final in days. One thing that has me wondering is they say a development letter has been sent.

Well what do ya know! My claim moved to Prep for Decision today.

I'd guess by the time I received a response from IRIS the claim would be settled. Either that or it would make them delay it even more. eBenefits is a blunt object and only as good as the information the RO inputs. Portland is normally pretty good about updates. I just have to wonder about the handling of claims that are sent back for more development. IMHO once the development is completed the claim should be processed forthwith.

Portland RO had my claim in April 2013. I have a letter from my VSO stating the claim was submitted in April. VA has claim date as middle of May. Claim went to Prep for Decision and was kicked back to gathering of evidence. Had the C&P exams and the doctor stated my back conditions prevents any employment. RO received these results three days after the C&P. I know it's only been close to three weeks since the C&P exam but the claim is still sitting in Gathering of Evidence. If past experience is any guide it will sit there for around 30-40 days and jump to Pending Decision Approval. I sure hope this is the case as I'd like to have that TDIU decision in hand before the end of April for tax reasons. I'm betting I'll have to fight the effective date issue in an appeal. Just seems to me that once they have decided they need new evidence and the evidence is received that the claim should have a slight bump in priority. Please just ignore my rants I'm in one of those foul moods today.

That's the case right there. This is one of the MOST asked questions on any Veteran's forum. The date listed on the letter will always be the date of the last change in benefits. It has nothing to do with an effective date.

The doctor stated less likely than not that my sleep apnea is related to my depression and medication. I contended that the sleep apnea was due to weight gain caused by loss of activity due to medication, depression and worsening of my back condition.

Went up to the VAMC today to get CPAP supplies. While there I got copies of my C&P results. The MH was not available but the sleep apnea, shoulder and back exams were. SA is most likely going to be denied but my VSO says we'll appeal that and eventually win. Shoulder is good for at least 10% according to my VSO due to arthritis, might go up to 20%. * Good news on the back. I'm already rated at 40% for the back and 20% for radiculopathy in each leg. I don't expect this to change. However under #20 of the DBQ is the question. Does the Veteran's thoracolumbar spine (back) condition impact on his or her ability to work [X] Yes [ ] No If yes describe the impact of each of the Veteran's thoracolumbar spine (back) conditions providing one or more examples: This patient would not be able to perform any employment given objective findings as he is unable to be in one position for any significant length of time. As I'm seeking TDIU the above is very good news. Now I just need to wait for the process to grind it's way to a decision.

Finished up my C&P exams Tuesday. General medicine for sleep apnea and mental health for depression. One thing I found interesting is the doctor doing the MH exam asked me about suicidal thoughts three times during the exam. I answered truthfully. I have suicidal thoughts 4-5 times per week. Chronic pain will do that to you. I've been trying to get the results from my ortho exam last week but they are not showing up in my Bluebutton data. The exam was done by a VA doctor at a VA facility. The results of the imaging taken after the exam are available but not the exam.

That should be a solid 100% schedular rating.

Interesting thing happened today. I was walking in the pool at the gym and sharing the lane with a older gentleman that I've seen many times. He noticed I was moving slower than normal and asked if I was ok. I told him I had had a VA exam Tuesday and he told me that he's a 100% vet. We started talking and he asked me if one particular doctor had done the exam. I told him no but I have had exams with that doctor. He related that he had had nothing but problems with the exams from that doctor. I have had the same result. I just found it funny that he had exactly the same opinion of her that I have.

Had my Ortho C&P exam Tuesday. It was for back, legs and right shoulder. I'm currently rated at 40% for my lumbar spine and 20% for each leg for radiculopathy. This exam was for my reconsideration of my TDIU denial. I had the same examiner that I had back in 2011 when I received my current rating. He's extremely professional and courteous. Unlike the examiner I had just about a year ago. He started the exam with my shoulder. I'm claiming the shoulder due to constant pain from using my cane. He did the exam and then told me he would need xrays. He told me there's obviously a on-going strain there but wanted to check for arthritis. When I had my bone scan last year I was told I have arthritis in the shoulder but that never made it into the record as they were checking for the spread of my prostate cancer. Shoulder is still a bit stiff and sore from the C&P. We then did the back exam. As many of you know you never come out of those exams not hurting. It's been two days now and I'm still hurting. He only required me to do the ROM tests once and told me that unless I wanted to hurt myself the repetitions were unnecessary. My ROM is extremely limited. Somewhere between 10-15° of forward flexion. He then examined my legs. Left leg is extremely weak. I have balance problems and the left calf is over a inch smaller than the right. A year ago they were the same size. Overall I think the exam went well. Since I'm claiming TDIU based on my back I hope it went well. I have General Med and MH C&P exams next Tuesday. At least those two exams won't hurt as bad. Good luck everyone with your claims.

My VSO is co-located with the RO. C&P exams are scheduled for January 21st. General medicine, mental health and orthopedics.