Dale Jr. 8

I guess I was lucky. I got depression SC'd as a secondary to lower back strain on the first try. I got 10% which is what I should have gotten. At least VA does the right thing once and awhile. DJ 8 :o

I called the RO last week and they told me that I would have to pay $10.00 for the copies reguardless if I have never had copies of the info before. I sent them the $10.00 and told them to send the whole c-file even though I only need stuff from 2006 to present. On the other hand the VAMC ROI office doesn't charge you for copies that you have never had before. I beleive that the RO should have the same policy. Doesn't make sense to me that you should have to pay for copies that you have never gotten before. The copies that ZI wanted were from 2 C&P exams. They were done by QTC contract Dr's and those contract Dr's will not give you a copy. They tell you that you have to get it from VA. DJ 8 :o

I agree with LarryJ. You get everything that you can while you can get it. Last year they tried to cut my % and after a 6 month fight they finally gave in and left it alone. DJ 8 :)

Fishes, My claim was finished with the rating decision delivered to me right at 1 month after the C&P. My decision had 4 errors in it so I had to ask for a DRO review and I hope they will correct their mistakes at the local level as opposed to going to the BVA in WAshington. DJ 8 :)

I got a similar letter from a C&P done in 05. It was for my right ankle. MY left ankle is SC at 10%. I filed a claim for my right ankle and they SC'd as a secondary to my left ankle 0%. I am appealing this ruling but at least I got it SC'd. The left and right ankles have the same ROM but somehow the VARO didn't rate the right ankle at 10%. DJ 8

I have had 3 C&P exams with QTC. The first 2 were excellent and the DR. took his time and the outcome was posative for me. THe 3rd one the Dr. took 5 mins and the outcome was negative for me. I was able to reverse what she tried to do but it took 7 months to reverse it. I have also had 2 C&P's done with 2 different Dr's that QTC contracted with and they were both fine. Most of the time I have found that the VA doesn't send the records to QTC for the exams. They want the Dr. to provide an opinion. Some provide it and others say thay can not provide one with out resorting to speculation. I am currently awaiting a DRO review from the last C&P. The Dr. did what VA asked and then VA overlooked parts of that Dr's report and denied me an increase to 40% when I clearly had met the criteria. You Civ Dr should have used the words "More likely than not" which will tip the benefit of the doubt in your favor. If the C&P examiners had all the records and items in the c-file to look at then their findings would almost certainly be in the veterans favor. I think that is why VA doesn't send this info to them. Dale Jr 8

donewsome, If the 1 year mark has passed for the nod and you didn't list depression on the nod they will not go back to that date. I do not understand the 0% thing unless you are getting I/U. In order to get the I/U without alot of work you must have one SC condition at 40% and the combines at 70% or more. It looks to me that your highest % is 30% which doesn't give you the 40% you need. You didn't mention if you had a veterans rep or not. If you do not have a rep I would take all your paperwork to a veterans service officer and let them look at it. VA likes to give low % and hope you will not appeal. I have a request for a DRO in right now because of the 3 errors in the rating decision I just got. DJ 8

tssnave, If you are trying to get a copy of it you must ask for it in writing. After you receive the copy you may ask for copies of other things that have been added for subsequent claims. Once you receive the copy if you ever need another copy you will have to pay for it. DJ 8 :)

jescb4, What state are you in? I live in NC and have to travel 125 miles to get to the VA hosp. I have a clinic that is 15 mins from my house but they are limited on what they can do. If I need an x-ray it is a 250 mile round trip. The funny thing is that I have another clinic, that has more facilities, attached to another VA hosp in Durham that is only 45 mins away but I can not use that clinic since I am attached to the Fayetteville Hosp. I have been given fee basis for things like physical therapy and pain management. If you are SC 50% or more you get travel pay no matter what you are seen for at the hospital. I am not sure about travel pay to a clinic since mine is only 15 mins away. Our clinic is all filled up and there is a waiting list to get in that clinic. The only way to get in is when someone moves and leaves a vacancy. :)

Will, My c-file had all the health records back to day one in boot camp. I did however have the prescence of mind to make a copy of my health record before I was discharged just in case. DJ 8 :)

Larry, I got my decision on the 9th of Jan and the deposit was made on the 16th of Jan. They messed up the calculations because I had a son in college and they ended up shorting me almost $900 but I have since filled out a claim to get the money adjusted. At least is only took 7 days for the direct deposit. Do you currently have direct deposit with the VA. If so I wouldn't worry about the guy down the street. DJ 8 :)

I just got my Va decision a week ago. I got 10% for depression. 10 % is common. It is a good place to start. You can only go up from 10%. The criteria for depression ratings are found at 38 CFR Vol 1 Part 4 Sec 4.130. http://www.hadit.com/38CFR4_Schedule_for_Rating_Disabilities. I would wait until you get a copy of your C&P before saying anything about the ROM's. The report may very well be in your favor. Request a copy in writing from the VA and try to get before the VA rating decision. Some doc's do not use the goniometer because they have done it so much they know the ROM's. A goniometer is just a plastic ruler that has 2 pieces and hinges on one end. It has a bunch of degrees listed on it. I had a C&P back in 05 and the doc didn't use it and then when she wrote the report she said that the ROM's were normal. As a result of this C&P VA tried to reduce my comp level from 50% to 30%. I asked for a personal hearing and a week before the hearing my VSO called to say that the VA decided to leave me at 50%. DJ 8 :)

OIF, Do not let this get you down. It is easier said than done sometimes. If you try to remember that this is a game to VA that might help. Their job is to give you the least amount possible. Your job is to get what you are entitled to. As Ricky a good SO is a great help. They can get through some of the red tape faster than you can. I recommend the State Veterans SO. I do not know if you have one that is local or not. I live in Jacksonville N.C. and we have a local one because we are where Camp Lejeune is. My State VSO has been very helpful. They are paid by the county where I live so they tend to go the extra mile to help you where as a Volunteer VSO may not. DJ 8 :)

luv Him, The ROM's were clear in the reasons for decision. Fwd flexion 30 deg. ext 5 deg. rt&lt lateral flexion 20 deg rt&lt rotation to 30 deg. combined ROM 135. Pain was discussed. It said that "when you felt pain you stopped range of motion" The truth of the matter was that I could no longer move, I didn't stop. Thanks for the info DJ 8 :)

Rdawg, I do not see a code on the rating decision letter. The only thing it says is lumbar strain with decreased ROM. Under reasons for decision it says that forward flexion is 30 degrees with a combined ROM of 135 degrees. Then it goes on to say that a higher evaluation of 40% is not warranted unless there is forward flexion of the thoracolumbar spine of 30 degrees or less; OR favorable ankylosis of the entire thoracolumbar spine. This is contradictory. DJ 8 :)

Jmlo, In 2005 VARO Winston-Salem tried to cut me from 50% to 30% based on a 5 minute C&P exam. I asked for a personal hearing and 4 days before the hearing my SO called to say that the RO had changed their mind and there would be no reduction and that I would not need to come for the hearing unless I wanted to.. DJ 8

Wings, Thanks for the links they are very easy to use and it keeps me from hunting for these for a long time to look something up. Appreciate it. DJ 8:)

I am going to file a recon on Thurs. I believe I have a slam dunk case since in the rating decision all the evidence is there for going from a 20% to 40% and a 0% to 10%. Va is the one that wrote the decision and they are the ones that should have known that the 30 degrees Range of motion on forward flexion of the lumbar spine is a 40% rating. They also are the ones that wrote the ROM for my rt. ankle that is the same as my left 10% ankle. I'll keep you updated. DJ 8

Rockhound, Does that statue not refer to when you already have a % and they are trying to reduce it or terminate it all together. One-Zero had not gotten the award yet. They have given him the award and now I think he should ask for the DRO review or file an appeal. If they were trying to reduce or eliminate his award of compensation then I think 38 CFR 3.103 applies. I do not think it applies to the initial award. I may be wrong on this so I defer to one of the elders. DJ 8

Ruby, A c-file is the file that the regional office has on you. Mine had everything from day one in bootcamp until the day I requested a copy of it. You can only get 1 free copy however you can request copies of later information on subsequent claims and that will be free also. The VA will charge you so much a page if you lose the free one and ask for another one. All you have to do it write a request and sign it and send it to your regional office and with in 30 days you will have a copy of your c-file. I would not request a copy if your claim has been appealed since the request will slow down the appeal process even further. DJ 8

I believe it is form 21-8940. You can check on the VA web site under forms and it will tell you for sure. The VA can do what is called an extra-schedular. A seperate entity with in the VA looks at the claim. They try to determine if the disability picture as a whole(not condition for condition on each % basis)rises to the level of unemployability. They tell you have to have 40% on 1 and 70% or more combined. They like to keep your highest under 40% that way you don't think you qualify for TDI/U. Good Luck DJ 8

MRLogan13, I was discharged in Apr of 1997 and didn't file a claim until 2003. I filed for 3 things and got 10% for each. It took about 8 months and I had to have 1 C&P exam. In 2005 I reopened my case asking for an increase. When the claim was finished I had 50% A 30% a 20% and a 10%. In 2006 I reopened my claim and asked for an increase and added 3 new claims. I was granted 10% on one of the new ones and 0% on another one and the 3rd was denied. I got shafted on this claim since I should have had my 20% one increased to 40% which I am asking for a reconsideration on. The one they gave me 0% should have been 10%. My over all increased to 60% but should have gone to 70%. I should be granted TDI/U after the reconsideration but if not then I will file my NOD and ask for a DRO review. If I can help with any other questions let me know. DJ 8 P.S. Welcome to the community.

CONGRATS It's good to hear success stories. It gives us all more resolve to keep going DJ 8

One-zero, Appeal to get the TDI/U first. If you get the 100% TDI/U then I wouldn't bother with the rest. I am by no means an expert. I leave that to Berta and the other elders. They should have considered you for TDI/U. To get the TDI/U you have to file a request using one of their forms. You can get that form from the VA web site of any number of Veteran's service offices. Do you have a representative like DAV or Amer. Legion for your claim? If I was you I would try to get the TDI/U and if you got that then go for your Soc Sec Disability. I was fortunate that when I could no longer work I had enough to get by until I won my SSD case. It took 31 months and at times it was a little rough but it worked out in the end. I just got a rating decision on Sat and they gave me another 10%. I only have one cond at 30% and a combined 60%. So they denied the TDI/U. They should have approved it since the law judge found me disable for 2 SC cond. and nothing else. They also cheated me out of a 40% rating and in their statement gave information that says I should have 40% on one. If I got the 40% then they would have to give me TDI/U. I guess they just "Overlooked" the 40%. I will bring it to their attention on Thurs with a reconsideration request. DJ 8

Jmack, 1st of all CONGRATS on winning the SSDI claim. I won my SSDI claim in May of 07 and had my 1st monthly check in June and my back the end of JUne. The pay for the kids is split between them. My son's pay is over 1/2 of mine because I have Medicare taken out very month. I decided to get Medicare even though I get all my medical care at the VA. I figured that some day I will not be able to make the 4 hr round trip to Fayetteville to the VA hospital so I will be able to go to a local Dr using medicare and a supplement that I will get when I can no longer make the trip to the VA hosp. As for my kids that took alot longer because I had a child that was over 18 when I won my case and he has worked since he was 16. There is an offset that the children get if they work and receive SSDI off your record. The SSA had to get copies of his W2's for 2 years and had to get proof that he finished high school. Apparently there is some law that takes away some of the child's SSDI if they drop out of school. This whole dog and pony show took until Oct to iron out. They held up my youngest's SSA back pay until they got my alder ones all figured out. You do not have to wait 5 months for your back pay. You have a 5 month wait after you can no longer work before they can pay you any benefits. For me I filed in SEPT. of 04 got approved in May of 06 but the back pay only went back to Feb of 05 because of the 5 month wait period. It is like you forfeit the first 5 months of benefits because the government says you have to. If I can help answer any more questions just ask. DJ 8