ArNG11

Ok from what I've read and understand, your disabilities just have to preclude you from maintaining a substantial gainful activity. I was kind of confused on this as well. You know with P&T, TDIU, or IU, its hard to maintain a good clear picture of what substantial gainful activity means. AskNod gives a pretty good definition. " housebound" In my case it will be a little complicated, however, it won't be as long as I keep stating that my service connected disabilities hinder my keeping substantially gainfully employement. The fact that I have hand injuries and an immune problem adds to the fact but again most of my issues are service related conditions and how they affect my employment. Although I think because of my age, getting this benefit will not be a cake walk. lf I am misunderstanding please jump in as this issue will be playing a big role in my claims and may be the situation for other Veterans. This is just my take on this.

My sentiments are exactly there. Longer to cook the claim, and more retro for the legal eagle. I feel that way now. But I guess I will find out soon. Just very disappointing thus far.

Nope I am represented but my lapdog was AWOL. I did this part on my own and the person by my side was the wife. I haven't even called the law dog and I'm not going to. I want to see how long he takes but I think I may go at this alone. Which is stupid yes I know, but my hired dog is more like a Chihuahua. At least from my point of view. I'm disappointed really but I am a paranoid individual and well I ask too many questions and didn't bring in enough $ it seems for his time. I know you gotta put food on the table, but what ever happened to fighting a case on it's merits. Sh!t. I'm giving him till Monday mid day. No call, then I am going solo from this point. Revoking POA at this point is going to be a pain in the ass but I don't feel like he is part of MY team. This is going to go over like,... crap, I don't even have a witty remark for this one. I went on the record and that is the way it needed to go. My misses calmed me quite a bit when I started to loose composure. So I'm glad she came with me. I'm stuck on some fine points but I got this much out of the experience, just because they list your evidence, on the decision, SOC,SSOC, and even if the DRO themselves state they did, doesn't mean it was used and given it proper weight when they state they did. All this time I thought I was on the right track and I was not. Theres an old saying that goes " a man who represents himself has a fool for a client" . Then I am a fool, a fool with a useless weapon. Spinning my tires and digging myself deeper in a rut with no weight on the rear axle. Hand to hand is how I believe I need to go at this point. K-bar it is. JMO/ just my case.

Yeah I agree, it is ultimately your choice, I am technically on my last claim sort of. I am not counting the IU claim as that is still in progress but man I really think the rules are made up as they go along. I have had some success with a DRO or at least I thought that I had but I'm not so sure now. It's like I started getting traction and all the while I'm getting caught up in a rut at the regional office BS. I have to wait and see as it is always the case, but I am seeing patterns here. Gotta get up the food chain, the locals are geared in the same old mode.

So in my VA journey I have been learning as I go, trying to heed the advice of many who have had success with the appeals process. As I have tried on my own I cannot recommend the process of appealing to the local regional office. I had a strong feeling that I was going to loose again if I went the DRO route again for an appeal. Although I knew better, I went with the recommendation of a law dog, sort of, they misunderstood, and asked for appellate review but opted for DRO, not what I wanted and well I hate being right, no dice. I am getting the run around again. However there is a bright side to this, and I wanted to share. The DRO made conflicting statements and confirmed that my evidence was not used for my submission for increase or my NOD even though both decisions stated they did. In my case after my NOD, I submitted new and material evidence from an IME from Veteran friendly doc, Dr. Ellis. He knows his trade. I got an increase from the date of his exam and I was hunky dory or so I thought. Got hosed again. But an interesting find. The DRO stated that the reason I received the increase to 20% on my back was because of the Ellis opinion. It included range of motion results and there was an actual ROM exam performed by him. The two C&P's from the VA, one from QTC and the other from my friendly neighborhood VA Hospital in OKC, were bogus. Eye-balled and only slightly higher measurements to justify an increase. They never used any measurement tools for ROM, (Goniometers). Actually the first one I have seen was at my physical therapist, Dr. Ellis' office, and the Functional Capacity Exam's I had done through independent providers, which I clearly remarked to that effect. The inconstancies in the C&P exams I noted in the hearing. Multiple times before and after the hearing the DRO made a goof. She stated that my private IME had the ROM measurements to justify my increase, however later she stated the contrary, that my opinions did not have ROM measurements and the VA's C&P docs did. Then another goof. My last recently service connected knees. SVC as related to service but 0%'s on both. No favorable ROM results. Yet they did not weigh my IME results like they were supposed to. The IME had ROM measurements, and I had gotten the IME before I submitted latter claims for the knees and hips. That evidence I used twice, once for my appeal on the back claim and the next when I submitted the initial claim for the knees. Accidentally in the dialogue she stated that the IME was used for one claim and not the other. However, I know for a fact that I sent the IME along with the measurements. I have copies of every thing I send the VA. Green card and signature. And yes scanned on the computer as well. Heck even in the SOC and make shift SSOC not officially stated, the list of evidence and ROM are noted. The evidence was not used. She confirmed this several times and contradicted her statements before. The evidence was there, the VA just didn't use any of it. Surprise,... surprise. Now I am awaiting for the transcripts of the hearing and I want to find out whether those statements are omitted or garbled. The DRO process is just waste of time in my opinion. Like others have stated and I quote " what part of no, do you not understand" AskNod I cannot in good conscience advocate this appeal route. If you choose the DRO route make sure it is a formal hearing & on the record, also ask for transcript. Be polite and do not discuss particulars of your claim off the record. Live and learn ladies and gentlemen. JMO...JME

I kind of gotten in the same boat. The VA doc wouldn't concede or try to cover my meds. Even with the Butrans and Percocet, he stated I either stick with the VA and change to Tramadol and let them manage my pain or stick with my private insurance. Hmm guess I'll stick with my private insurance even if I have to pay a lot more. I was on Tramadol several years ago and it did not do crap for me. I thought I was the paranoid one here all this time. Geesh

heh update on this. OPM not only approved but is paying my regular annuity with insurance benefits to boot. One award down a few more to go with DOL. I also submitted my last VA claim. I claimed my neck and hips due to my HMMV accident. Bad news on that is C6-C7 not so good. Two surgeons already mentioned fusion. eh id rather not, the back is a bad dice roll, the neck, well not sure I want to place a bet on that surgery and frankly I may be losing touch with reality but I am fighting, even one handed and attorney-less at times. Difficult as hell. I'm use to it though. I complicate things but I'm not completely gone upstairs. yet... Now waiting on SSDI to spit out a denial and go into the appeals cue. OPM approval, 80% on VA disability side, I might have an approval in the 2nd or 3rd denial of the SSDI claim. Submitted IU claim and the 3 agencies have corresponding medical records with IMO and IME. Using these 3 agencies own systems of tricks I might end up getting taken care of, at least in the end my family will have less to worry about. One of my concerns is the late approval of voc rehab in 2014. I called from the hospital and sent a letter from the hospital to canx the appointment. I never showed. The last decision I received didn't even mention voc rehab. The only reason I was made aware was through ebennies of all places. smirk. Keep plugging away is all I have. Drip...Drop...on the forehead of these agencies, drop....,drop... is that my blood or theirs. Cant tell, but I'm not stopping, at least while I am still breathing. Yes extremely frustrating, and infuriating. BINGO on fuel. drip...

Except for the history of trauma remark. I understand why radiologist will leave it to the doctors to make the connection. They leave open ended as not to make a medical diagnosis, they're not doctors but i feel it is a way of CYA. I have the original 2173 and 2872 that confirm both neck and back but I do see what you mean. Plus the IME's but you're right Im gonna get a nexus statement and do another FCT from a specialist doc. Maybe after I get my regular cast on today. I will try to do that. I have a VBM but it is a general regulation and guidelines source not specific to one case per say, but applicable to the meat of a successful claim. Heh not dismissing your advice, thank you for your insight and knowledge. That goes for everyone on here.

Thats the thing the neck was in the service record along with the back. i got service connected for L1, essentially they agree that its service related but there was so much more. I have some blame here though, had I researched and found this jewel of a resource sooner I think I would have gone about my claim differently. Im thinking of following through with the claim once my mess is somewhat picked up. I will go for direct service connection for the c spine and hips, can't deny the fall, the neck hip and back all have mentions of the accident. Just have to meet time frames and deadlines. They would contradict themselves and have to dismiss too much. But contradicting happens on a minute by minute basis I'm sure for the VA. I have some strategies but I am going at it as a fully developed claim once I'm am sort of done with what I have on my plate. Slow is smooth, smooth is fast, squeeze the trigger with the pad of your finger, don't pull or jerk, and BREATHE, is all that comes to mind.

I Agree with both the statements. There are programs and shelters, some avenues for you to make it by. Just get some po box or a trusted family member for your mail. Even having to move around a solid address is necessary for VA to communicate with you. Hang tough brother. Have some short term and long terms goals, take care of the essentials, rally up and don't give up or in. Sorry thats all i have at the moment damn pain pump is messing with my head.

Back from dreamland sort of. Don't mind my opinion, however with pleading the 5th, wouldn't that be nice if it had this along with, sure don't incriminate yourself, however let all of the record and evidence do that and since you pleaded the 5th then you can only stand by the facts and numbers, isn't that correct? Its about time these bozos start owning up to their deeds more so that they are held accountable and make an example out of them. These tactics are old, and the evil that the VA is allowed to practice must come to a stop. Also a rule should be that you can't retire until alleged actions and shenanigans are solved and confirmed not to be done. Can't be innocent till proven guilty if you don't answer for anything.

Vync what is interesting it that it for purposes a c- spine injury, thoracic and lunar injury including the left hip. My back and left hip took most of the blow. It's relevant but not material at this point. More should have been connected with those records no matter if my claim just state I was claiming a back injury. After reading the injury report, if I were the rater, I would have asked what the claimant was claiming and what more was going to be needed to developed. I think I have a case. I am going on the fact that they have already conceded to me having the accident. The trick is whether they are going to fight me on all the secondary issues, yet they not really secondary as they could have developed the claim properly and attributed all the issues neck, hip, back, left leg, and so forth. To the accident in the HMMV. I know, what's coming, that is why you must develop your claim and get all the records and nexus together. Im beginning to wonder whether this was known from the start and they tried to give me a nibble of the disability ratings and hope that I would not become the wiser. I don't want to pursue a CUE route but the provisions of Duty to Assist, and the so called help from the VA to develop the claim can be used here. CUE is another choice, however, I only want to utilize that as a last resort. Seriously I am real curious though. Not that any VA personnel would admit to that but a few things that have happened these last two years seem indicative to me that this was coordinated. Of course I am probably just being paranoid, which I acknowledge, but does the argument have merit. Thats the question among the rest that I have inquired on.

I gotta say big Medicine definitely has it's role in this whole scheme. I have asked for many alternatives and we all know how the VA medical system will put up roadblocks. I hate when I try to get my meds mirrored by the VA that the docs say they can't get it. Class II or III stuff is strictly controlled but that's everywhere. I get confrontational and point out the formulary. A few time's I have pointed out to reference this year's formulary. I like when they say or it's available over the counter, or we don't provide the medication or it's generic. Over the counter I really shouldn't be paying for service connected injuries and equipment. I should not be paying anything via copays once over 50% but heh what do I know. I have fired more than one VA doctor or so called practitioner and confronted doctors that are to be treating me that denied anything I have claimed. Kid you not, how would I accept treatment from the very doctor or specialist that stated I didn't have the disease or injury and that it is not/was not service connected. 3 doctors I have fired and refused to see anymore due to that. Caught in their own lies in their own system. Heh not all VA med professionals are that way but absolutely know that they exist and you will me some especially on the Disability compensation side. Cymbalta, Lyrica,Neurontin, or generics such as Duloxetine, Pregablin, Neurontin are my experience for Nerve Pain. Along with Acupuncture, TENS, IFC, Heat, Ice, aqua therapy, medication, meditation, and countless pain killers My nerve pain goes bilaterally down my legs. Left worse than right. Down to the foot and toes on left, calf to foot end point on the right. EMG's indicate mixed readings some mild to moderate, some moderate. Its a weird feeling to have numbness and tingling with associated pain and burning. The feel of an electric shock sort of feeling that extends to corresponding arms and legs and neck. The weakness and lack of strength, I am fortunate thought my right is not as bad as my left and for all intensive purposes, I am not in-mobile or in a wheel chair, yet although I have been contemplating the use of a cane, but both wrists are shot due to my civilian career. Not gonna be dishonest though, pride does have some role in not wanting or using a cane or walker. Kind of like giving up wrenching with tools and such like I had to when I retired and ended my civi career. Never did I expect to do so at 40. But heh I have extra time to do things a lot less physical and stressful such as fighting the VA, Federal Workers Comp, Social Security Department, and Office of Personnel Management. In all fairness though, I wouldn't be able to have the time to fly RC's if it wasn't for their stubbornness and dishonesty. In any case, I have not found any modulation of treatments, medicines, and procedures that can eliminate the pain completely. It stinks to high hell or your local VA regional office for that matter. Take your pick. Time for a happy pill. or maybe a flight, can't really do both though, responsibly that is. Ahh maybe over my own land, nah better not. I will add it is the weirdest feeling feeling pain and numbness down the extremities at the same time. Could be much worse though and I am thankful that I can still complain about the pain. Massage and a good poke or stick helps keep feeling sensitivity down the old legs. If you find that something works better than any or combination of the above mentioned or not please post, and yes many, many have recommended dancing with Mary Jane, just never really danced that tune before. Not that I haven't been offered, but heck some people chew it and it helps, haven't done that either. Curious though. Very curious. Like moving to Northern New Mexico curious.

I agree. Really the claim should have been developed. L1 was a joke rating. They pieced mealed it to me. My upper and lower back, c spine, left hip, bilateral hip arthritis and bilateral radiculopathy should have been on the table to begin with. If I can last that long and don't loose it psychologically speaking, and keep my composure I should make it fine. Maybe not a killing like some of the wins here as of late but significantly I think.

Congrats.

Yo hoe blow the VA down. No punt intended to the sea branch. Awesome news Navy, not about the health conditions but the new rating and benefits. It's a fight, always a fight, but one worth fighting for. I'm happy for you, and good health to you and yours. ?

I agree. I was playing around with the words in my head. The 2007 report that they used to connect the lumbar strain stated C spine strain due to ejection from Army training. Thats where they connected the L1 and I received the rating I did. I mean I am throwing something way out in left field but it is relevant I think. I should have claimed the neck, back, left hip, thoracic, lumbar, bilateral radiculopathy and muscles spasms all when I first filed that claim. Live and learn. So regretful that I didn't come across Hadit sooner. I am most likely getting another opinion to state just that, however, I would construe that the VA did not develop the claim correctly, once some of these issues came to light by regs they should have developed the claim more as there was more than the lower back involved. I am no expert, or have the medical knowledge to opine, however, where is that clause "duty to assist" I know guys I just wanted to bring a smile to some folks, I know I need some laughs. It's going to be difficult but I am going to try to use their shenanigans against them, playing with fire, yes I know, I may get burnt, though, important point here, I wasn't the one the lied or looked away at the secondaries. I appreciate the thoughts and opinions. As of late with all the things that I have going on, it is a little difficult to, think this through without being paranoid and missing some important details. Thanks

The odds of getting the condition service connected are not very high for me, but I don't really give a Mickey Mouse Poop out that really. I'll appeal. But frankly as well as the machine works, I have gotten tired of it in just a short 3 years. Guess I am not as composed a I try to be but heh whatever works.