ArNG11

Thanks. Today is just one of those days. But I will keep going and share what has worked for me.

Congrats sharkpen. I should have started reading the victories today. It made me smile. You take care of yourself and your loved ones. Enjoy the victory and may the rest of your days be filled with good returns.

Trying to screw you vern2? I think most of us can interject our thoughts on that one. Most definitely. This is just my opinion from what I've seen in my claims and my cases. To me it seems that some attorneys add to the vicious length of time on the hamster wheel. I mean I get it. I don't like it but it is what it is. Attorneys have a stake in keeping the wheeling and dealing going for future cases,changes, and to get down to the nitty gritty, their profit margin. These are just my paranoid thoughts and they are not completely unfounded but mind you just my thoughts. I have a hard time now days trusting most people, while I still have some faith in some, it appears the agreements under the table are never going to go away. Concessions to drop this and get that in return. "quid pro quo" IMO, from what I experienced in the DRO hearing, it was a waste of time for me. It added time that could have been spent dealing with people in the BVA that can read and wouldn't ignore evidence so easily. Or my favorite, stating and treating absence of evidence being negative evidence, and for giggles, the credentials of the C&P doctors rendering their BS opinions compared to my private doctors and specialist in their field. RRRRRRrrr I'm in a mood today, so my apologies. I specifically told my rainmaker not to go the DRO route for any of my remaining claims and he filed the paperwork like that any ways. Well let me be correct, his legal aide filed it, he just signed it. I can't help but think some people are part of the problem. But heh, what the heck do I know, I'm just paranoid. Or maybe just to high on the pain scale today. I'm gonna state this as well though, there are some instances, where the DRO process can be helpful, however, I must emphasize you really need to know your stuff. The regs, the law, and your evidence. Bring paper records, and a witness. My next go around, I am going formal. I want the shenanigans they pull to be on record. It may take me years to get to the people that will make the right decisions according to the law and evidence but I am not going to stop until I do. I need to pop off a few rounds or a few pills or maybe both ,this is not a good morning. Dang I wonder if I can even load it. Damn surgeries, damn VA, damn Workers comp. Enhancing my calm. Keep the fights going folks, till your last breath. Also try to keep your wits about you, it does wear on you after time.

Heh it can't rain all the time. Congrats.

Thanks for the info and excellent advice. The biggest hurdle I think at least in my case, and most others it is difficult to find doctors that will take the time to do so. Also to eliminate other conditions that cause the same symptoms. Say for instance fatigue or rather chronic fatigue. I have sleep apnea, hypothyroidsm, and am in constant chronic pain. The pain in part has to do with my back injury, along with nerve damage and muscles spasms. For a doctor or specialist it would be difficult to state what is causing what and what percentage of the disease is causing it. That's where you get into difficulties. Mind you this is not counting the "deny at all costs" mentality approve if you must, low ball as much as possible theories. The stance that I was healthy before service and now am not doesn't fly. Even when you have the records (mostly private) the booger of it all is getting the doctors to state it in VA speak, and that you will have a rater or board that will be objective about going through the information. I haven't tried it all but, honestly, it wears on you. It drains you and it doesn't help when most, even the hired guns, don't want to fight the good fight. It's a big conundrum of exponential lies and traps. But I have to say, when you start something see it through even if you have to go solo. Call in the big guns and the RECON when you need to. I've been through many tests but like most others out there, still no definitive answers. Gotta keep going if only to stay sane.

Digitized that would be grand. If only it were complete accurate record of your entire file. I had an experience with having my records in digital format. The VA wouldn't let me show them my evidence during my DRO hearing on my laptop. I even had it on a jump drive and still a no go. No electronic devices. Imagine that. Just as there is a way to game the system there will be ways to beat them at there own deadly game. JMO.

Agree with you whole heartedly. The cost of one war to take care of all who have taken part in protecting our nation is a small price to pay for the number of conflicts our nation has taken part of. This is just my two cents and worth probably as much, however, the mindset should be to take care of our own so we are strong enough to take care of those who can't. Don't WE at least owe that much in return?

Welcome to the club my friend. Try being rated for both but not get rated any higher because a doctor won't prescribe the bed rest needed for a higher rating on IVDS. In today's world they, doctors don't recommend bed rest.its actually worse for you. Modern medicine, surgical options are not the best course for treating back pain if it can be helped. The best thing to do for back injuries is to keep your ROM up and strengthen your core. Loose weight, get on the MOVE program and take plenty of muscle relaxers and nerve medications. No kidding this is what you will hear from the VA. That's what I get when I try to discuss treatment for the back injury with the VA. In OK the VA won't entertain the idea of talking about surgery unless you go through there "program" Anyways by regs there are supposed to rate your injury according to the codes and rating criteria that best describes and is the closest match to your condition. Also by regs and law it is supposed to be rated to the highest rating that can be afforded to the veterans condition and effect of employability. They rarely do what they are supposed to do, consequently that is why there are so many appeals.

Congrats. Always grand to read about wins. Take care and good luck to you.

with that you would reason that you would be golden. I'm betting a shot of your favorite liquid calm that once sleep apnea is no longer a compensable condition CPAP AND BIPAPS will be prescribed like they were Motrin in the military.

Did the doctor use the magic words of at least as like as and did he state that he reviewed all your service medical records? That's important. Sleep apnea is a big ticket item and they, the VA will squirm their way out of connecting that big item. I had evidence of fatigue in service but they related that to my hypothyroidism during the DRO. During the C&p for the thyroid they denied the fatigue because " the doc stated veteran wakes up refreshed because of use of CPAP. But under the sleep apnea DBQ they answered no to me using a CPAP. It is very difficult to get this connected, not impossible but difficult. You need an IME/IMO and documented symptoms in service, otherwise your arguments will be futile. With SSDI almost everyone gets denied the first time. Just make sure you appeal if you have the evidence to fight it. With SSDI there is no partial disability. You either can sustain gainful employment or you can not. However, they take all your conditions and injuries into account. That's what I've found out so far and what I've experienced.

With SSDI, almost everyone gets denied the first time. I don't recall the percentages exactly but it is in the 80-90%. Just like the VA, appeal the decision. Both the VA and SSA can be difficult to beat but not impossible. my strategy is fairly simple. I am using the systems against themselves but I will warn you it does get difficult. Make sure you keep getting seen by doctors and maintain your treatments and continuity, that is imperative. Above all else for your own health and well being get treated. Be honest always, don't jeopardize your character or you might as well throw in the towel. This whole process is a nasty game and not one that you want to loose in. If you can do your own research and have the means to get the evidence you need then go for it, however, I strongly suggest and advise getting representation when you go up through the appeals. It takes a lot out of you and at that stage you can't afford to make mistakes. They cost you dearly. Not just monetarily. JMO. Sleep apnea is a doozie. It's not a presumptive and if you don't have the symptoms in service or the right worded medical opinions your done. Personally I have gone against my rainmakers wishes and filed the appeal for it anyways. I may not get it connected, but I will at least get a fair C&P exam for it. Not going to settle for a decision that claims I don't use a CPAP for the CPAP DBQ and denies fatigue ability for thyroid condition because I wake up refreshed because I use a CPAP. That is just anal retentive denial syndrome. To be fair I guess I suffer from that as well. Good luck.

I've used it here at the OKC VA. I wasn't really skeptical as the practice has been around for hundreds perhaps thousands of years. However, people react differently to it. It has to do with endorphins, pressure points, and almost like trigger points in a sense. It does help some people and helped me for a while. Getting it as often as you need to will be difficult. From my experience they will do 4 visits in a month and then taper you off. I got to do that for about two months and then started doing trigger point injections. Frankly, I feel better relief from the acupuncture. I still have private insurance and I go to the chiropractor every three weeks and have medial branch blocks about once a month. Nothing really takes the pain away but it is a way to manage it somewhat. I can go through demerol and hydrocodone like nobodies business but I hate the way it make you loopy and frankly drugged up. Also they tear up your liver and kidneys. JMHO a modulation of different approaches yields the best results. At least for me it has. Heat, cold, tens, chiropractor, acupuncture, facet blocks, trigger point injections, meditation, cognitive behavioral therapy, breathing techniques, an alteration of pain meds and muscle relaxers. Walking and trying to keep moving is also necessary. As much as I can dog the VA and some of their shenanigans the MOVE program actually has some good applications. Also the pain creams that they can do through the VA formulary gives some relief as well. The capsicum pain cream does work. I alternate between the two and it offers good results. I will say with the acupuncture there are some points in the cartilage of the ear that are a little uncomfortable but only briefly. The benefit is worth the brief discomfort. Definitely worth a try. JMO

Diver that is good evidence to use for SSDI. Use the 100% P&T as evidence for SSDI Like you plan. So far I've gotten 3 offers for representation. all 3 want 25 % of retro winnings which seems to be the norm and not terrible. It depends how much time and energy you have. But heh you got the big 100. That should make things a little easier. Make sure you check into all the state and federal bennies. Good luck.

SF 95 Torts claim form??

Just keep pressing on. That grand day will eventually come. Keep fighting and take care folks.

We all need to appreciate what wins we receive. I'm the same way, when I'm down, pain not being controlled, reading about other people's wins helps even if briefly so.

Hey Thadline long time no hear. Thanks. Hope all is well with you. How have things gone?

keep your spirits up. No sense worrying until you get it. If it doesn't come back well you have good evidence to appeal the decision. Good luck and I hope you get good news.

Well I received the official decision on my NOD today via snail mail. Although I knew the results from my rain maker and the effective date before I got this I'm still left wondering if this decision is correct. My agreement with the decision is that I had a back injury in service, active service made it worse, I filed a claim and am entitled to benefits. The exception is the amount of the rating and when I was entitled to it. I am not satisfied with it. Not because I am being greedy, but because it is contradicting regulation and law. The evidence is there. The service connection is there. My injury was an injury sustained in Guard service during pre deployment training. My injury was made worse during the course of train up and active military Title 10 orders. One year of active military service in Iraq. I have continuity of treatment and documented medical evidence that the injury has worsened. Not by one or two doctors but several medical professionals. Reading and I'll admit, obsessing, about the results of my battles. Hell even doubting my rain maker. I feel like and believe that I am or at least he is stating not to rock the boat, to take what they are offering or it can cause problems. I feel like this in every bit of my bones and being is an incorrect rating and decision. The results are as such: Lumbar spine, degenerative spondylosis and vertebral body compression deformity L1. Old percent assigned 10%. New percent assigned 20%. Effective date May 20th 2014. Not paying attention to my other claims as they should not have any bearing on the decision that was made in 2013 regarding my back. I can literally argue every point in which the reasons for the afforded ratings are wrong and contradict regulation and law. It goes against what the evidence indicated at the time the decision was made and the evidence the VA had at the time of making the decision. I feel that I was entitled to the 20% on my back from the submission of my back claim in 2012 and that in the time of appeals and multiple claims, an entitlement to 40% effective from 20 May 2014 would be deserving according to the evidence and results from private back, nerve DBQ's, and Functional Capacity exams for my back. I am asking for brutally honest opinions here. I would like a no BS assessment of the rating criteria as I've read it at least a few hundred times. I am obsessed, yes, no doubt about it. But I have this gut feeling, a feeling like I had when I was in the dessert, before we got hit and the alarms went off. That I should be fighting for more than the decision afforded to me at the time. Oh one more detail. I've been advised by my rain maker, a respectable entity in our fights against the VA, not to pursue this. To leave the back claim alone. Have at it Hadit. Fire at will. Destroy my claim and stance. I know that we all respect each other here, or at least try to. So I am asking to hit this like you were a VA rater and decision maker trying to deny the claim.