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 :)

You have to be 50% or more for galsses or be SC for some type of eye conditions to get gert glasses. DJ8

They tried this with me in 2006 also. I immediately filed an NOD and requested a personal hearing. They based their proposed reduction on 1 five minute QTC exam. I got an IMO and long story short, I kept my % and didn't have to go to a personal hearing. DJ8 :)

I'm very happy for you. Hopefully my outcome will be the same. What state made your decision?

jbasser has given you some sage advise. All government programs work like this. They either deny you or give you a low% and hope that you will either go away or be happy with the 10% even though you may be entitled to 30% by the regulations. Soc Sec Disability works the same way. They deny most people once. On the second go round most get denied again. When it goes to the Law judge most get approved. You would be surprised how many people go away and forget it after the first denial. Keep fighting and every thing will shake out as it sahould and you will get what you have earned and are entitled to. DJ8

Definately do the recon and get the ball rolling. Seems like you have enough already to have the claim awarded in your favor. I am sure the VA will want a five minute C&P exam before making the decision.

Pete, How do you get around the shrink? I would like to be able to see only my PCP and not the shrink also. It doesn't make sense to see the shrink if your symptoms are controlled by meds. Seems like the PCP's should be able to write the scripts. I am told that the shrink has to write the physc. scripts. DJ8

I do not believe that refusal to see a physcologist in a group setting can have a negative effect on your claim. I have been asked numerous times to go to the physcologist and each time I have declined and I still have my %, however I do see the physciatrist each month.

Sorry, I have only filed the tinnitus claim and was denied. I could probably refile and get an IMO and get 10% for that and maybe some for hearing loss. I worked on the flight line for 13 years around helicopters. Seems to me that should be enough for hearing loss and tinnitus. I will wait until my current claim is through the DRO review process and then tackle the hearing loss and such. DJ8

Pete, I would like to think that those who receive both will get 2 checks but I am afraid I think the answer will be NOT!!!! I find it had to believe that there are only 250,000 veterans getting over $3000.00 a year. That number seem awful low to me. I also agree with Wings. To bad we all can't spend what we don't have and damn the consequences like the government does. There also seems like there should be more than 250,000 retired military getting taxable income. Just my 2 cents worth. DJ8

Ditto Ricky's post. You had a real doctor that cared. Most definately keep the appt. The physc. visits will definately bolster your claim. I wish more of the doctors in the VA system were like this one. My Dad had a VA doc that used to be his doctor on the outside then he went to the VA. My Dad had it made. His doc cut all the red tape and it was very easy for my Dad to get care not to mention that the doc knew his whole medical hystory. DJ8 :)