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ArNG11
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Posts posted by ArNG11
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I actually was referencing the CFR but that is a good find.
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To me it reads like your in line for an increase, however, I am not a rater and it is purely JMO. I started with 0 on both knees and appealed to get to 10% bilateral, I am still in appeals to go for a 20% on the right knee because of the laxity and crepitus of that joint. I am going for this rating because I have an independent medical opinion to substantiate such rating. Without an objective medical examination it will be difficult to go much higher. Read the ratings criteria in the eCFRs under the knee joint and you will have a clearer picture of what is needed. I stress you must have the medical evidence to warrant the higher rating.
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Yes that is a possibility, there is no sense worrying about it though. The foremost concern is getting the injury service connected, once that is done then you can appeal the rest that you may be entitled to with medical evidence,IME/IMO, ect....
This sounds cold, however, no sense worrying about it until you receive the decision, from there you can decide which avenue you will pursue as well what attack to utilize.
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It must be considered as part of the claim, as it could effect the rating percentage, but rarely is this done in the first examination.
At least from 6 exams I have had.
You usually have to fight for the secondary issues caused by a service connected injury.
JMO.
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You will have a fight on your hands no doubt, but with your medical opinions and wife/buddy statements, personally I would pursue the claim. JMO
I am stubborn, however, I fight for what I can prove by medical evidence and medical rationale. If I didn't I'd still be stuck at 30%. Just facts, if you file for something, pursue it until the end, otherwise why put a claim in to begin with. Principle is why I keep going.
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On May 26, 2016 at 10:03 AM, brokensoldier244th said:
Because if one of us dies from SC in our sleep and its not service connected our spouses do not qualify for DIC. We are well aware that our other claims are subject to scrutiny but once they have been SC'd once its a lot harder for the VA to reduce without evidence, even without any protections- they still have to produce medical rationale to justify a reduction.
CAS
This is exactly why you file even if you are a 100%. Just like you and others pointed out DIC. If you bite the bullet due to a service connected issue, or you bite it because of another not service connected issue, YES it is completely relevant to your spouse and survivors, as far as possible benefits.
JMO I don't believe in that horse manure of not rocking the boat, if you have the evidence, if it can be supported by independent medical opinions and exams, then yes file. More times than not, the Veterans Administration is in the wrong and denies due benefits; hence all the appeals, hence all the claims that get approved down the road.
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Coincidence, hmm, makes a person think for a bit. Results is how success is measured, time will tell.
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This is usually the process. Most examiners under rate your disability to begin with. What you must be concerned at this point is service connection, that is the goal. You have appeal options after you are rated, if you disagree with the rating.
If there was a way to have C&P's evaluated, the hired doctors would fail miserably. The process is rigged in the VA favor.
Unfortunately the waiting process starts, however, this is great because it gives you time to get medical evidence/IMO,IME/ect., to tip the scales in your favor and accurately assess your disability.
JMO
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23 hours ago, CoastieAirman96 said:
Thanks ArNF11
Its ArNG11 but thats okay, I'll accept the thanks. Heh as others have posted, look into your specific states benefits as they differ quite a bit depending on your state of residency. There are some great tax benefits and perks. Good luck and congrats again.
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Congrats Coastie. Always good to read good news. Look in to all your benefits. Good luck and take care.
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I haven't been on here for a bit, but when did the mandate of 20 business days from the date of request change? From above it almost sounds like a two year wait?
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Congrats in order.
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12 minutes ago, green said:
The Windfall provision does not apply to Normal Federal FERS Retirement. There is however provisions related to Federal Disability Retirement and ArNG11 is correct. The first year you receive 60% of your high-3 which is offset 100% by SSDI, starting the second year your pay goes to 40% of your high-3 and that is offset by 60% of your SSDI. At age 62, your FERS disability retirement is recalculated as if you had worked the time you were disabled and your SSDI continues on but no longer offsets your FERS retirement.
Clear as mud?
I just read your comment and looked at your profile picture, "clear as mud" Tiger has the right idea.
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On May 17, 2016 at 9:08 PM, MPsgt said:
I had to file for SSDI as a requirement for FERS disability retirement. I was front loading by the SSA under their "warrior program". Fortunately, I never had to go thru SSA medical evaluations. They simply used my VA medical diagnosis and records. The wait period is at least six months as a disbled individual. I had more luck with a first time go with SSA. I knew within 3 months that I'd receive my SSDI. Stay optimistic and don't give up!! SSDI is yours, you paid into it!!
When I inquired with the SSD about this program the representative gave me such a dumb founded look, I smirked, as I realized what was going to happen.
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Talon I, Rootbeer, I completely agree with your statements. We have paid into the system, obviously, if you have enough work credits, however, these agencies still deny. We have earned the right to draw from the systems as we have all "payed our dues" VA, DOL, Department of Education, Office of Personnel Management, all have considered me disabled and permanently unemployable, yet the SSDI system still denies that I am unemployable due to disabilities. Go figure.
We all know this routine. Does any one know the secret handshake, wink wink pattern, perhaps the correct knocking sequence, or maybe the golden ticket from the Wonka factory?
Persistence is the only thing I know, I have worked hard for the things I have earned, as I am sure the rest of us have done our share, so the fight for benefits and entitlements is no different I suppose.
Im getting some Chai, good morning all.
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Jfrei, I know it has not been long, however, have you gotten any answers from any one yet?
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Buck I agree and understand those facts. I was awarded a few months ago but I still have not received my decision letter, even after a FOIA request. I sent the request to the Evidence Intake Center per the process and still nada , zip, zilch. I have gone to Muskogee once and as of recently supposedly my case has been certified to the BVA.
The digital records system the VA claims to go by, apparently can't be looked at once it leaves the regional office, which I call BS on. But to be exact my appeal was not transferred to the BVA until March 24 of this year. The BVA has not sent me notice that they have received the records yet.
You are right about the SSDI process and I am aware of that. I though I was pretty slick in the way I laid my claims out, however, it seems as of now that even this part of the game is still rigged. It sucks the big one that is for sure.
I imagine things will get easier when I hit the one year mark since I last worked. Hopefully that will help with the VA claim and the SSD appeal process.
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On May 15, 2016 at 8:32 PM, Buck52 said:
Yes you can as long as your not IU.
This why I brought up the IU.
IU Is rated for veterans that can't work due soley on their SC Disability & if there just a 90%combined like your rating then the VA Awards the IU with using the extra schedular that brings the veteran up to the pay rate of 100% so actually your rating is a combied rating it still equal a 100% rating(if your sc disability keeps you from working)
However a veteran can be rated 60% and still get the IU If their sc disability keeps them from working..you just need to prove it by medical evidence and Dr's and not be working.
Most veteran can get SSDI if there on IU.
JMO
...............Buck
Buck I wish that were the case all of the time. I was denied again for SSDI and I hold an IU rating. Even with other permanent injuries that keep me from performing any of my previous job skills, the SSA denied. There are a lot of factors to consider, that should be considered, but are most often not. This sucks to all hell.
Unfortunately you and Pete are right on the money with the VA being able to re-evaluate you at any time until you hold a permanent totally disabled rating. Even if you were to put in a new claim the VA can review your entire service connected issues and propose reductions if the ratings are not protected or they pay a good old boy C&P doctor to opine against you and state that you have been healed somehow. Then the mess starts all over again. It is a bunch of crap. Yet it happens.
Once you hit a five year protection mark, other than fraud, is it possible for the VA to initiate or try to make that situation stick?
Pete a question though, what regs did they quote with the TBI and mental health ratings being pyramiding, or have you dealt with someone who has had this happen, if I am understanding you correctly??? I am really curious to know?
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Listen you have the VA disability rating while it is not enough to live off of it is income. Then you have the benefits that you are getting from the Department of Labor. While difficult, you can make your situation work for you.
Your back is not going to get better, the best you can do is control the pain and keep from injuring your back any more than it is, working is going to hinder that and progressively make it worse. Those are facts, while you can slow the process down and use caution, there will be a time that you are going to have to decide that you can not continue your line of work. I tried changing careers, however, I did not have any luck pursuing that avenue. I wrestled with coming to terms for many years and I regret not making different decisions sooner. Things could have and would have turned out differently I believe. Pride, necessity and honestly all the conditions themselves made the process very difficult. It was hard to know what to do.
You have already taken care of that part. Now the strategy is using the systems against themselves. Keep the injuries separated with the corresponding agencies as much as you can, the end game all your injuries/conditions will come into play later on when SS is involved.
OCDMarine, discuss these options and decisions with your spouse or partner, I cannot tell you how much easier things would have been and could have been for me had my partner helping me all along.
I've shared some insights and hopefully you can use this information to make the right choices. I hope the best for you.
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Unfortunately sometimes that is the case.
I started under similar circumstances and I had many a concerns about my situation. Trust me when I say that. Keeping your wits about you and rationalizing things out will be in your best interest. Hang in there it can be done.
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Wasn't implying anything by no means. I believe the process to be very cut throat. You need to be ready for the shenanigans.
You can win with the evidence, regulations, and law being on your side. Time is always the booger though. Go by the numbers slow and easy. Slow is smooth and smooth is fast. ?
Good luck.
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Keep in mind if youre service connected injuries were made worse by working there then indicate as such. Working certain jobs can aggravate them and there is a case there. It is difficult to keep them seperated but not impossible. As long as you're truthfull and can back your claim by medical evidence and opinions then you have a firm foundation and can win. I can attest this process is not easy in the least. JMO and experience.
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1 hour ago, OCDMarine said:
I think I will apply for TDIU. My OCD is relentless even on medication.. So hard to leave the house on certain days. I have been out of work since August on workers comp (not a service connected injury) All the research i have done tells me that I can get TDIU for my service connected disabilities while collecting OWCP workers comp for a different non service connected condition. Do you guys know have any information on this?
Yes this is correct and the argument for my claim. There is a choice to be made between OWCP and medical retirement. However you can qualify for two benefits for different injuries. There is an offset between SSI and OPM but we can discuss that later. You can be receiving concurrent benefits.
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10 minutes ago, Cliche Magnet said:
Just out of curiosity, you are saying that when you applied for SSDI, the social security office -did not- deny you SSDI, ever? Because I applied for SSDI and they said that I don't need the cash because I'm supposedly getting enough money from the VA.
EDIT: Sorry I was thinking of "SSI", which is an addition to SSDI. I receive "SSDI" like these other fellas but was denied "SSI"
Gotcha I was denied both, for one I am no where near the age requirement, however the other is and should be a different matter.
Exams during flare up?
in Veterans Compensation & Pension Exams
Posted
§4.40 Functional loss.
Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like.
§4.45 The joints.
As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:
(a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).
(b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).
(c) Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).
(d) Excess fatigability.
(e) Incoordination, impaired ability to execute skilled movements smoothly.
(f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.
§4.59 Painful motion.
With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm will greatly assist the identification. Sciatic neuritis is not uncommonly caused by arthritis of the spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. Flexion elicits such manifestations. The joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint.
These are some of the references