StreetWalker

I'll have two DBQs filled out when I NOD the decision.

Thanks Berta. It is rather confusing. The only medical records that SSA used were my VA medical records. I had no appointments nor any exams. They received my VA medical record one day and approved me the next.

There was no reference to ANY doctor stating whether or not my conditions are permanent. In the award letter it referenced my SSDI award and the fact that I'm scheduled for a reevaluation. Here's the complete paragraph. The C&P examiner is a contract doctor that I've had problems with before. She did not complete my lumbar exam. If you're familiar with the DBQ for spine exam she basically stopped in the middle of section 8a with the knee. She did not test the ankles or great toes. She notes that there is loss of of strength in the left knee but that the ankle and great toe are 5/5. I obtained a copy of the C&P exam shortly after it was done. I then wrote a statement to the effect that the exam was incomplete and requested a new exam with a different doctor. That letter was ignored by the RO. After over 100 phone calls I finally found a doctor willing to do the exam and fill out the DBQ for me. My VA PCP is also going to fill out a spine DBQ next month. I'm hoping that these two DBQs properly filled out along with pointing out the error on the SSDI issue will suffice to have them reverse their decision.

I was denied TDIU recently. One of the reasons listed for the denial was that I was receiving SSDI and was scheduled for a reevaluation therefor my disability can not be considered as permanent. Been doing some legwork and research and here's what I have come up with. I have obtained a copy of my SSA-831-C3 which is the Disability determination and transmittal. In section 17 I have the following codes. Diary type - MRP, mo/yr - 07/2019, reason 7. According to https://secure.ssa.g.../lnx/0426510020 these codes show that I'm "Medical Improvement Not Expected". This directly conflicts the wording in my TDIU denial. Does this make the cut for a CUE?

Here's where I stand so far. I have obtained a copy of my SSA-831-C3 which is the Disability determination at transmittal. In section 17 I have the following codes. Diary type - MRP, mo/yr - 07/2019, reason 7. According to https://secure.ssa.gov/poms.nsf/lnx/0426510020 these codes show that I'm "Medical Improvement Not Expected". This directly conflicts the wording in my TDIU denial. Does this make the cut for a CUE?

The other thing used was the opinion of a contract C&P examiner that never completed my lumbar exam, yet she completed the DBQ to show that she had. Her finding go completely against every other exam I've had in the past 20 years. I've had this same examiner in the past and she missed things on that exam too. However in that case the rated used my medical record and the C&P didn't count for much. My PCP wrote a letter back in August stating I was unemployable. I had SSA say I was unemployable. But one bad C&P exam counted more than those. Here's the complete paragraph. I finally got it scanned in and OCR'ed. Totally ignored in that finding was that I'm unable to sit more than 15-20 minutes in a normal chair. After that my back starts to lock up and my legs hurt even more. After about 30-40 minutes in a normal chair I'm pretty much screwed for the rest of the day. Of course the examiner never asked me about that. Any help you could give me with filing my NOD would be greatly appreciated. There was no medical rational used to explain why my degenerative disc disease and radiculopathy are not "permanent in nature". I've got my whole award letter scanned to a .txt file but haven't gotten it cleaned up yet. I can send it to you if you want.

I'm going to appeal it. I have an appointment for a IMO next week. Going to lay a DBQ on the VA. My SSDI is based solely on my service connected back. The only medical records they reviewed were my VA medical records. The VA contract doctor that did my C&P did not to a complete exam, that exam contradicted every exam I've had over the past 10 years. She filled out the DBQ like she had done the complete exam then said I could do sedentary work in which does not involve lifting, squatting, bending or frequent twisting movements. She totally glossed over the fact that I can't sit in a normal chair for more than 15-20 minutes. Here's the wording from the denial about SSDI. That leads me to try and figure out how to word my NOD. How do I tactfully point out that the decision is moronic.

My paperwork tells me I'm scheduled for reevaluation in 5-7 years. The VA used the fact that I'm scheduled for a reevaluation as one of the reasons to deny my TDIU claim.

I plan on having two IMO for the back and at least one for the depression. I've already talked to my PCP up at the VA Hospital and he's more than willing to fill out the DBQ. He told the BVA that I was unemployable in September and December. Needless to say he's a bit pissed that they decided otherwise.

I guess it really depends on whom you work for. My last few years in the USPS I was limited to eight hours per day, no non-scheduled days, no overtime. They didn't like it but that's not my problem.

There's a saying. Don't rock the boat. You're rated at 100%. What do you expect to gain by filing a NOD?

It's true. Your only option is to move.

Will do.

By now I'm sure that almost all of you are wondering what the hell is Erythema ab igne? It's more commonly called toasted skin syndrome. In my case it's caused by the amount of time I spend sitting in my recliner with a heating pad on my lower back. It's the most comfortable position I can find. Anyone have any experience with this? Going to claim it as a secondary condition and just trying to get an idea of what it would be rated under. Thanks.

I was denied TDIU based on two things. The first was a incomplete and fraudulent C&P exam and the other was due to my being scheduled to be reevaluated by Social Security in 5-7 years. I'm currently collecting SSDI based solely on my service connected conditions. Also I was awarded only 10% for depression. Here's what I've got so far with the NOD. Thanks.

I will have two spine DBQ forms filled out with my NOD. One from my private doctor and another by my VA PCP. I'm looking into a IMO for the depression. The depression is not that mild. I was actively contemplating suicide this summer. But with the Zoloft and getting my pain somewhat better controlled that's passed. I still have depressed mood, chronic sleep impairment, anxiety and panic attacks. I've NEVER had the last two until this last summer. It's amazing to me that the whole rating is mainly based on a 15 minute interview with a doctor I'd never met. I'm wondering if my lack of documentation in my VA medical record is hurting me here. I've only been being treated for the depression for less than a year. Only one visit with a VA Psych doctor. My SSDI is based solely on my service connected conditions. The only medical records they reviewed were my VA records. I'm really really pissed that one of the reasons for denial was that I'm going to be reevaluated by SS. That's as bad to me as saying that you're denied because you're breathing.

No they didn't. I take 200mg of Zoloft a day to combat the depression. It works about 75% of the time.

Here's what they said about my 10% MH.

You would not have to pay back what you've received. As far as a time table it's hard to say. My SSDI was granted in less than three weeks. Other people take months.

You can still file for SSDI if I'm not mistaken. How long has it been since you worked?

If you're receiving SSDI are you on a schedule to be reevaluated?

Received the official denial today. Here's what they had to say about the TDIU. That incomplete and fraudulent C&P exam is what's causing the problem. Also SSDI wants to reexamine me in SEVEN years. I was under the impression that all SSDI recipients are on some sort of reexamination schedule.

Are you also thinking of filing for SSDI?

I had a sleep study back in November. Found out that I have 28 "incidents" per hour. Going back next month to be fitting for the machine. Difference is I don't have obstructive SA I've got central SA.

I've wondered the same thing. It's pretty much a given that once a Vet applies for TDIU they are no longer working. I know I wasn't. Thankfully we have savings that have carried us through the seven months it takes to get the first SSDI payment.