Dale Jr. 8

They denied TDIU based on the fact that they only considered my lower back at 40% and my depression at 10%. They never even factored in the lt and rt ankle at 10% each and my neck at 30% On one page of the SOC they say that I have a combined 70% and on another page( conviently the TDIU page)after only considering the back and depression they say I don't meet the criteria because I am only 50%. I think the VARO Winston-Salem N.C. has to be one of the most screwed up VARO's around.

Thanks John999, I thought I was on the right track.

I received my SOC today in the mail.I am appealing a Jan 08 decision. I sought a higher percentage for my lower back and received it. I also sought a 10% rating for my right ankle and received it. I sought a rating for my sciatica and it was denied. In the Jan 08 decision all 3 were denied. They also denied I/U. My question is that if I am 40% for lower back, 30% for neck, 10% for lt. ankle, 10% for rt. ankle and 10% for depression shouldn't they have awarded me I/U based on 1 didibility at 40% and a combined rating of 70%? Also I am currently receiving disability social security for only service connected disabilities. The VARO quoted some garbage about how the SSA decisions are not controlling for them. Am I way off base here? I am planning to ask for a hearing in hopes of clearing this up without having to go to the BVA and wait 3 years for the results of that. At least I got something positive out of the DRO review. Thanks

I believe that VA is a month behind. I.E. Decembers payment is made in Jan and Jans payment is made in Feb.

I received a response to my question to the VARO about the status of my claim. It says that the rating board made a decision on Nov 13 2008 and to allow 90 days for the adjudication department to process the decision. What exactly does this mean?

bozoc, Rentalguy1 hit it pretty much on the head. I would look at 50% or 30%. I don't see VA giving you 70%. I do not think that you have enough of the 70% symptoms for them to give it to you on the first go round. If you filed a notice of disagreement they may perhaps give you the 70%. DaleJR8

RSG, In my case they tried to use a bogus 5 minute C&P to reduce me from 50% to 30%. I asked for a personal hearing and got an IMO from my non-va doc and they decided not to reduce me. They like to hinge the whole claim on a substandard c&P exam. DJ8

You do not have to show the VA the ins card. It is none of their buisness if you have private ins or not. Since you are a vet and if you do not have to pay a copay for treatment there is no reason to tell them you have private ins. You have a right to treatment wether it is serv. conn. or not. DaleJr8

Donews, As Ricky said don't ever feel guilty. You obviously meet the requirements for a higher % so go for it. It is not your fault, or(our fault for the other claims that were low balled), that the VA did that to everyone. I have been fighting for a rather short period compared to others on here, only since 2003. I have a combined 60% with an appeal in. They cheated me on my last claim I should be 100% TDIU. You are only asking for what you are entitled to. Seems like the govt. makes everyone fight for what they are entitled to. I don't know that you will slow down the process as it seems to me that it crawls at a snails pace right now anyhow. Don't give up. Keep on keeping on. Dalejr8

If the C&P was done at a VAMC all you need to do is go to the Release of Information office in the med. center and they will give you a copy right then. If you have a C&P that is done by VA's contractor QTC medical services then you have to request that through the Regional Office where your c-file is located. Be advised that after you have requested and then been given anything from your c-file any subsequent requests for items from the c-file will cost you $10.00. Sometimes they will give you other copies freeas well but it depends on who is working the ROI section at the R/O DJ8

I agree. It is such a shame that the govt. wastes so much on stupid bullsh** then turns around and denies a vet that should have won his claim. DJ8

I know axis V is your GAF score. Axis III is your medical problems. Axis IV is anything that aggrivates your depression. I am not sure about Axis II DJ8

Pete53, I don't think I would take the $150,000 either. Sometimes I think there might be things that show up on x-ray and the radiologist says that it is unremarkable. I am not sure they even look at them. With as many x-rays that they do in a day how can a radiologist read them all? :) On a good note I went to the VAMC today and I got the increased travel pay. Now my travel pay covers the gas to and from. DJ8

Lflint33, How long have you had your 100% schedular? Sounds like VA is trying to cut it since you might be getting close to the 5 year mark where a disability is static. DJ8

tssnave, You can not select QTC. I have always gone to QTC docs for the C&P exam until my last 2 exams. They were done by doctors who contract with QTC. The way I understand it is that if you have QTC office closer to you than the VAMC you will get an appt with them. If you are closer to the VAMC then you will get an appt with them. I have had 5 C&P exams and only one was horsesh**. That doctor took less than 5 minutes with the exam and next thing I know VA wants to cut me from 50% to 30% based on one exam. I got an IMO and asked for a personal hearing. Long story short VA relented and left it at 50%. DJ8 :)