john999

Every vet who has a physical disability should seriously consider filing a claim for depression. Get to your VA shrink and/or a private shrink and start documenting. Few disabled people escape episodes of depression. Those with chronic pain suffer the worst. I am speaking from personal experience.

Ham I recently got an exam from LHI. I got an additional 80% at least and I was not even trying. The exam was pathetic but the result was good for me. It was done by a nurse not a doctor. The dingbat nurse did not raise the rating for my original disability but raised up other issues to put me over 100%. This was really a much better exam than I ever got from the VA.

Due to your chronic pain you should be filing a mental health claim. You might get more for a depression claim related to your disability than your actual injury. You need to start seeing a VA shrink and a private shrink to bolster a mental health claim. Severely injured vets rarely think of their mental health. They suffer and don't even realize they are depressed.

You might also consider a mental health claim since chronic pain/depression are mental health issues. Do you use a walker or a cane? Next time I see a VA doctor I would be using a walker if I were you. You know injuries to the feet and legs can cause serious back and hip problems. I have bad foot problems as secondary to DMII. I recently got 40% for each foot. Secondary conditions can net you more that the original condition you claim. Dealing with the VA is a long term situation. To get to 100% or TDIU can be a long haul but it is worth it when you are 65 years old and trying to live on SSA alone like so many do. If you get 10% go for 100%.

What rating did you actually get? However you appeal it I would try and get as much new evidence as possible. You could get another IMO for instance. Your original psychologist probably knows other shrinks in the business that he/she could refer you to. When I got my TDIU way back in 2001 I had three IMO's. It did not cost me that much and the IMO's just got better and better. I would just surround the VA with evidence so there is no way they can shoot down all your contentions. Overkill is not a bad word when dealing with the VA. Did your claim involve statements from your significant others? I remember I had to appeal my first lowball rating and then the TDIU denial and finally a denial of P&T. I would have hired ten shrinks to win my case I was so pissed off. Way back yonder before the Afghan and Iraq war it was much harder to win PTSD and mental health claims. If you even get 30% for PTSD you have your foot in the VA's door and then it is just a matter of gaining evidence to get where you want to go. I went from 10% to 100% but I got there and so will you.

Buck I did have 90% with P&T. I filed a claim for an increase to document that my DMII had gotten a lot worse. I was not expecting to get an extra 50-80% for PN. This put me over the 100% level. So no increase in money but it is good to get the schedular 100% after 20 years.

Joe I just got 100% schedular from a 90% rating. It took an extra 50% rating to get to 100%. The closer you get to 100% the harder it is to actually get there. I actually had an extra 80% that pushed me from 90% to actual 100%. From the time I took the C&P exam to the time I got the letter was two weeks. That is light speed for the VA.

I was given that "you did not serve in Vietnam" jive as well. It was all over my DD214 that I did served in Vietnam and I had all the "been there, done that" medals. I had written a letter to my congressman and VA had responded to him that I never served in Vietnam. The VA is so clownish and ready to disrespect and attempt to discredit vets to save a dime. They would spend a million bucks to save 50 cents award for a vet.

Is a lawyer representing before CAVC? I filed a CUE some time ago and from beginning to final denial at the CAVC it took almost 7 years and I had a lawyer representing me all the way. My CUE went to the CAVC and then was remanded back to the BVA. This was due to simple and obvious errors made by the VA. This added a year to a very long haul. Finally, after a so-called fair hearing before those judges I lost. Most disappointing and disconcerting. I tried to get into court but was denied there as well. I found the entire process to be so corrupt, rigged and biased I would probably never do it again, but hope springs eternal. Just relax and realize what you are dealing with so if disappointment comes you don't get too upset. It is possible to win these things but the more money involved the less likely you are to win IMO.

Do you have the option of retiring on a disability pension. I did that with the post office when they fired me. I hired a lawyer and we got them to allow me to just retire on disability. Hey on the way out the door I filed for workman's compensation. 6 month later I got the worker's compensation and that really burned them up. They threw me into the briar patch. Don't just resign. Make the fire you or allow you to retire on disability. You probably ought to look into filing for worker's compensation if your job has aggravated your PTSD. I lived on WC until I got TDIU. It took two years to get TDIU since the VA used all sorts of jive to keep denying my claims. I had excellent medical evidence but the VA still gave me a hard time. Just get the money from where every you can and don't make it easy for those bastards.

I wonder how many of us 100% vets still work? I doubt there are many because by the time you get 100% you are so disabled you could not work if you wanted too. Maybe back 20 years ago when I was first P&T I would have liked to work but now I doubt I could hold down any job.

When I was discharged back in 1971 I don't think OSA was even a recognized disorder. I never went to a doctor about sleep issues because they would have laughed in my face back in the army of those days. Guys were getting by on 3-4 hours of sleep at night for months on end in Vietnam if they were lucky. Army was not sympathetic to soldiers complaining about sleep issues back in the day. We have come so far in 50 years.

You know many claims like OSA can also be part of a secondary mental health claim. I have OSA and it is depressing as hell since I don't respond well to the CPAC. Most physical disabilities have a emotional/ mental aspect to them that is secondary. Don't ignore this factor. If you have a severe physical disability by all means get mental health care from the VA. You may not even know you are depressed but it shows up in your behavior and interpersonal issues. If you are a AO Vietnam vet then you may get DMII or one of the AO cancers. That is depressing as hell because that is where I am at, so I am saying don't ignore secondary mental health issues related to your physical disabilities. It is easier to get a decent rating for a mental health issue than for a physical issue because it is subjective. If you win a physical claim file for a mental health issue and gather evidence. The VA will help you gather the evidence.

Seaman I have DMII also and I got an additional 60% for almost the same thing you did. I think the VA may just lump your artery disease with the CAD because if you have it in your legs they assume you have it in your other major arteries. I had swelling in my right leg and I got a C-Scan at the VA and they said I had extensive calcification in my leg. I ended up with a 60% rating for CAD just like you. Do you have PN in your feet and/or hands? It is associated with DMII. I got 40% in my right arm, 30% in left arm and 40% in each leg. They often get PN mixed up with PF. That neuropathy can get much higher ratings than PN. Do you have numbness in your feet or hands?

When I reviewed my records some years ago I found what I thought was a really gross error. I never realized how badly I was F'ed by the VA until I saw those 30 year old records. I had never seen a copy of my original rating and the evidence they used and did not use. It is worthwhile just to review your records. A&A or a retro award seems the only way most of old timers can get more money out of the VA. I say get every penny regardless of how you have to do it.

I think that is a pretty good rating for flat feet and PF. This rating opens the door to many other ratings as I see it. Many people with flat feet have back, knee and hip problems. Since you have serious disability and pain in your feet you could probably file for depression as well due to chronic pain. I also have PF and it disables me to some extent and is painful as hell. If the 50% rating is your only rating so far I see you getting either TDIU or possibly even 100% down the road if you are aiming at it. I have ratings on both my feet and hands due to PN from DMII. I am not sure if I got bilateral rating either. Your award has a lot of potential for a higher group of ratings. It is hard as hell to get to 100% but you have that chance. Are you working these days? Usually you get 10% in each foot for PF unless some doctor has butchered your foot from surgery.

I think adding a request to review prior decisions might be considered new evidence. I think I would choose the option for new evidence. This would give you the option to find some new evidence. It is probably going to take some time anyway.

I had a claim at the CAVC and it got remanded back to the BVA due to an error. They take their sweet time. It can be the most minor error and you will get an extra 6 months to a year added to your wait time. When you go to the CAVC it seems to me to be a total crap shoot. They have so many ways to wriggle out of paying a claim especially if it a CUE. If your claim is a CUE prepare for a jolt of unreality. Before any just system I would have won my claim, but this is the VA unchained.

You are right Pacman. You have to fight for your benefits. I just fight for money these days.

I am just going to get 2 implants and that would set me back 8K. The implant is expensive and then you must get crowns also. I have most of my teeth since I spent a small fortune to keep them. I have had three implants in the past and they are expensive but you do preserve the teeth on either sides of the implant. If you get bridgework they destroy the teeth on both sides of the bridge. If I had to replace many teeth I would not do implants. Just way too expensive and a whole lot of time, pain and work. I had and have some old root canals. The canals into the roots often break and then the tooth has to come out. So then you have to decide on a bridge or implant or if too bad then the dentures. I was a poor kid and did not get proper dental work so I decided I would do everything possible to keep the teeth I had even if I spent a small fortune. I had a pretty good job for years so I spent the money to keep my teeth. Maybe it is a fetish.

If you can get SC'ed for sleep apnea that could get you 50%. I had 70% and got another 60% and that did not get me to 100%. I actually had 70%,60%, 20% and four 10% ratings. That got me to 90%. I got another 40%, 30% and five 20% ratings and that finally got me to 100%. I had TDIU and I was not trying for 100%. It was an accident. I wanted to keep track of my DMII and I believed it was getting worse, so I filed for an increase. Unless I can get more money I am not filing any more claims. IMO there is no point unless they is more money at the end of the trail. If you are in a protected work environment you could file for TDIU and still work. It could get tricky if VA disputes your protected work environment. VA thinks every vet is trying to put one over on them. They would spend a million bucks to see you don't get an extra $500 a month.

DSIG Are you going to apply for TDIU? Chasing small claims will probably not get you to 100%. I had to get an additional rating of over 50% to get to 100% and I was at 90%. VA math just kills many 100% claims. I think I actually had an additional 80% above the existing 90% and that got me to 100%. I had TDIU P&T. I was not even trying for 100% for my claim for an increase in my DMII.

Do VA dentists do implants these days. I need two and it will cost me 8K from private dentist. Maybe I could get referral to private dentist for the implants. Sometimes implants are the only way to go unless you want dentures. I don't mean to change the subject but it is somewhat relevant I hope.

Some years ago I had claimed TDIU which would have made me eligible for dental care at the VA. In the meantime I had dental work from a private dentist. I was charged big money for the dental care. When my claim was approved for TDIU I filed for reimbursement from the VA since my TDIU was retro to the time when I got the private medical dental. The VA made me jump through hoops for six months and was nasty to my private dentist but they paid up. So the point is that between the time you file for a SC condition and you get the award you may be able to claim payment for private medical care. This is just another case in point. I don't use VA dentists because in the past they did horrible job on me and pulled a tooth that was not bad. The VA dentist was telling me "you won't miss that tooth, no worries". If you complain about a toothache at the VA you may very well loose a tooth.

DSIG If you don't mind telling what is your disability rating? Are you trying for 100% or just chasing loose ends? I think to get a decent rating for hearing loss you need to be deaf as a post. You might get some hearing aids before you go for the exam.