ArNG11

Buck yes it would be in the best interest for the Veteran, but we all know the VA won't do that until they have a weapon to their head. Even then they laugh at the decisions from above and if I may the hamster wheel keeps going. Yes I am going to have to choose eventually which benefit I will go for. Idealistically I would like to get the benefits or due awards from the perspective agencies. That is to say what I am entitled to and what I have paid my dues for, nothing more and certainly nothing less. DOL and SSA will exchange information and already have exchanged records between each other. I am in the hopes that my efforts to have that play out correctly time out with when I get to DC. I just didn't account for the unexpected attitudes of the lawyers. Fighting on principle isn't a thing any more, that is just my observation though. I was trying to outsmart these agencies with the breaking of the laws and regulations. They would engage each other and get caught in the lies and regulation breaking however, it is getting complicated and difficult to get them in the right set of crosshairs. My choices would have been my back and noggin issues but thats not what the c&p s are for. Imagine that. I stated clearly that I am only claiming my service connected issues, those undecided and on appeal, make me unemployable. VA didn't listen. Neither did DOL.

Well I did state that my service connected injuries and those pending affect my work status. That is what I stated but they insisted on a specific disability. But yeah I agree and I stated I am not a doctor. Voc rehab has been offered to me even after I asked to cancel my application. I was in the hospital for 8 days when they called to verify the appointment. Luckily I do have several opinions that I can't continue my line of work. Also I was medically retired from Tinker, so I have the evidence, just planning on getting an IME to counter the BS that is going to happen. What I am wondering though is whether they will concede to me being unemployable. My age shouldn't be a factor but I am expecting that. The fact is I have been retired for over 3 months so we will see what the next move is on their part. Oh good point on the SSA records, eBenefits confirmed as well as SSA, the records were received and when I called the SSA office they confirmed that as well. Always the waiting game though.

Pete its nothing like an EMG, it is worth a try, I did it for a while but the VA will only do a max of 10 visits a year, regular insurance is about the same. Though I have to admit I haven't had the needles in the legs or calves other than for EMG's. It works for most.

John the only thing is I don't believe in VSO. Most mean well but some can be worse than a crooked DRO. Just my experience with some, I know and hear about the real good some of these organizations perform, I am yet to be convinced though. Besides this way I can only blame myself. I just don't agree playing by VA's twisting of the rules and/or laws and be a part of already lethargic process in getting benefits. I may be bent a bit and a bit dramatic but I'm not giving up on what I believe to be right, even if it does me in.

That is my thought process and I agree. My back and depression levels should be a main factor, however, according to the appointment c&P schedule the C&P is for tinnitus and my back. I shouldn't have to choose which illness or injuries make me unemployable that is for a doctor to decide and opine which they have in a way ,but my doctors opinions consider all my disabilities not just one or two and the decision should be based on the effect that all service connected conditions have on employment or more specifically substantial gainful employment. The fact that work injuries have a role is irrelevant. Those are just two ratings from my DOL cases. The whole disability picture should be the issue. I got caught off guard when the VA rater called me and told me what the C&P was for, funny thing is I am getting my left hip worked on the day they scheduled one of the C&P's so I will only be able to show up for just one of the two required. The rater is aware of this. But scheduled the exam anyways. I find this interesting. Bet you a Starbucks gingerbread coffee that the evaluation won't go my way. Not only that but how the heck am I going to fight this at the Regional Office level. My law dog, well, I'm not so sure now, but he seems to be on the VA side of things, I haven't gotten a response from him as he is too busy frying bigger cash cows. I hope that I am just being paranoid but it sure feels like a trap is ensuing. The IME/IMO requirement seems to have to change and address what ever it is the VA throws at you or me I guess. I think I may be overthinking the situation, maybe fueling a self fulfilling prophecy, but it just seems too convenient for all these factors to just line up. I figured an attack on my character was coming, and possibly an attack on my mental capacity and issues but this is not quite what I expected. Time will tell and I will brief as my cases progress but crapola this is a pickle I think, I was under the impression that 4.15,4.16, 417, and 4.18 covers this.

I have been noticing a trend in mostly all Veterans cases for TDIU as is happening in my case. I got a call from the VA requesting that I clarify which service connected issues render me unemployable. I stated all. But they concentrated on two. As in my case I stated that I have combination of injuries that have disabled me however, it is my service connected illnesses and injuries that prevent and make it very difficult to have continued my profession. More importantly, substantial gainful employment that is. In that I realized that the VA is asking me to be a "doctor" and state which two injuries or disabilities render me unemployable. Guess which two the VA decided to go for TDIU. Back injury and tinnitus although I claimed all service connected issues, undecided issues, and those on appeal affect employability. First this is relying on the Veteran to become a medical expert to choose and prove which injuries and illnesses prevent the veteran from substantial gainful activity. Second per regulations it is required that the whole disability picture of a Veterans case be considered. In my case I am stating that all my service connected issues and those pending and on appeal affect my employability. I retired due to all my injuries and diseases affecting my employment, but I maintained to keep military injuries separate from federal service injuries. At least I have been trying to. Although I have stated there are non military injuries at play, I have made sure to keep those separate from my VA claims, however they are still part of the overall disability picture. Those will eventually become a part of my SSDI claim, however, that is completely separate from my TDIU claim and I have made it clear to VA several times. Second the disability status must focus on the WHOLE disability picture of a Veteran, that is, with VA, that only his/her service connected issues be the cause of not being substantially gainfully employed. How can you force the VA and in my case the BVA it might seem as that is where I am heading,( 2 year wait of course )to consider all the facts. I know the some of the laws and regs that pertain to this however, not so easy to get my point across to the VA. Back 20% on appeal VA's reasoning for unemployability GERD 0% on appeal IBS 0% on appeal GERD and IBS now combined rating still 0% on appeal Left hip ,on appeal, having surgery on left side in two weeks. right hip surgery at a later time on appeal for service connection radiculopathy 10% left and 10% right lower extremities on appeal Anxiety with Depressed mood 50% on appeal MDD/PTSD/ANXIETY/DEPRESSION only going for a correct rating for one Mental Health issue. Left knee, right knee 0% on appeal, requiring surgery at a later time. Tinnituts 10%, VA's reasoning for unemployability Hypothyroidism 10% on appeal chronic fatigue, mental sluggishness initially denied now lumped with 10% hypothyroidism rating sleep disturbances initially denied but now service connected with Mental rating (50%) Sleep apnea denied on appeal little ring finger 0%, fused, no higher rating, IU claim Granted folks, I understand I have complicated things, however, I could not control how the agencies would interpret my claims. Also I didn't get to be a part of this wonderful site until after the fact with VA and learning as I go. I have been looking at CAVC cases but haven't found one that relates completely to my case only in part. Thoughts? Attacks? Pertaining regs to this predicament?

there are a few defenses against this, first your entrance pbysical, if no notations were made you were 100% good to go, secondly even if you had a preexisting condition that was noted the question becomes whether active service made that injury or disease worse in other words did service make it worse.

That's the tricky part. There should not be room for what the VA does but it happens 's all the time, the VA breaks the law and goes against pretty clear regs. It's only when. You get to the higher levels that you might get some justice. Get a hold of the National Guard Beureau. Those records will be different than your service medical records. Also if you still have buds in your old unit, pay a visit there, most units keeps ghost files on soldiers for a while. Pay the extra $ to get your records from the National Records Archive. You'll need those, trust me on that one.

Sorry I did not see this post sooner. I will answer what I've experienced before on this as my case rely heavily on being in different status when an injury or illness occured. The regs that help for starters are " a. Injury or disease that has been made worse by active military status. Ex. Being hurt while on Active duty for training, later getting deployed, tittle 32 orders and said injury or illness being made worse because of it. Do you have copies of your c file or at least your records from the National Guard beurau? Service medical records? Any ways give me a message on PM or start a topic and I'll give you my take on my experiences.

Buck thanks. I had asked about this from my private md back in 13. He stated that in his opinion it would not work in my situation. I have consulted a few surgeons but many don't take the time to read through the records, I am noticing a pattern in both VA and Civi doctors, in that most everyone is scared with all the publicity these recent years. Don't get me wrong the VA has an agenda but so do most private docs for different reasons. the one I was looking at is small like a 3/4 size credit card implant on the chest with a chord like electronic stimulator embedded near the spine. Battery life I think was 6-8 years. In any case, my private MD stated it would help some but not enough to justify the request to the insurance because of my age and build. I had to try conservative methods first. I have tried asking about it a couple of times. I understand sort of but the pain has gotten worse these last few years and heck the percocet and buprenorphine aren't doing much any more. The Mrs jokes around about the wacky weed pain management but I'm not sure how much even with that would help. i think next time I see the pain management doc I'll ask about it again, knowing the system though, I'm sure it will get pushed to next year, new year, new co pays new money. I sound cynical but it is the way it is unfortunately. I may raise a stink about though, I don't want to wait if I can get some short term relief. I will take it. Just still recovering from my hand surgeries. Thanks for reminding me though it may be another alternative. Maybe with all the new MRi's I may get it pushed through.

Thanks Buck. Sorry for the late reply. Been out of the loop and sanity these last few weeks. The path to get the care that I need is not through the VA I realize that. I am running out of options but I will keep going through private means if only to keep my sanity or whats left of it for that matter. Thanks for the info and good luck to you and the Mrs.

I am not a man of faith, but if I were, I would think Carlie as a saint. She IS kind and she IS wise and EVER so giving. Best wishes and good journey. My thought s go out to you and your loved ones.

I am finally starting to see what a particular person has been trying to tell me all along, an old saying comes to mind and is ever so blantantly true. This VA venture isn't rocket science so keep it and give it a K.I.S.S. I'll be damned.

No it does not. You must get an opinion from a doctor who has related your disease to in-service symptoms. He must see your military medical records and state that he has. He or she must use medical rationale to relate the two together. It's a hard one to get service connected but not impossible just hard. Even with good evidence, it's hard.

That's my train of thought at least. I just hate the fact that so.many of us have to go through this road and it doesn't need to be so wasteful and difficult not forgetting to mention how hard the battles are 9n claimants lives and their families. It sucks, but worth the pain. That's what I tell myself most days anyways.

personal questions, has it helped, would you still do it again? how are you doing now? what procedure did you have done?

one update on this for me. Using the three agencies record systems might payoff if there is such a thing. That was my attack and plan, however i'm curious if all thee agencies records will match now. OPM and FERS where easier than OWCP, now to see what SSA will do. Only been three months though, still so much more to go, slow is smooth, smooth is fast.... Im hoping something positive comes at the six month and year marks big gambit though.

Check your PM

You gotta be 100% scheduler plus the 60% right for SMC S. Not by IU or TDIU. One rating at 100% plus a combination of others for the additional 60%? Where are you Mr. Potato Head? Never mind I am confused now.

CFR 4.16 & 4.18 then wouldn't 4.10 and 4.15? Also §4.10 Functional impairment.The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity. §4.15 Total disability ratings.The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.

Hold the phone though as I have learned the hard way, they, the VA are suppose to consider this and while they may say they have and do list evidence doesn't mean it was in front of the rater making the determination and decision at the time. The first time I was denied IU, I hate to say this but the VA was right in denying me that since I was still employed, having trouble yes, but I think I surpassed the gainfully employed margin by quite a bit now since I am no longer working. Now what I'm not I'm curious about whether the VA can validate the denial because there are other non service connected issues at play. I am thinking a CUE can play a part in this scenario but would it not be better to go the old fashioned way on this? Just by going after the reg that they have to consider this benefit when non employment status is involved? and because it is mostly service connected issues causing such circumstance?

I am hoping that SS approves me first go around but that is comp;lately going against the status quo. I know from what Elders have stated on here SS looks at everything whereas the VA is more narrow minded, must be service connected issues that hinder substantial employment, however, once approved for SSDI, I would opine that it would be easier to attain, you would think so anyways. Logic, hell, just plain common sense you would think would apply, I think I am in the same boat though.