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Dale Jr. 8
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Posts posted by Dale Jr. 8
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Are you talking about waiting on retro pay from VA for your dependents? I didn't have to wait. My dependents were already in the VA system so I didn't have to wait. I am told that you cannot get liscence plates for free until you are 100% either schedular or I/U. I can not get any property tax break since NC only gives tax breaks to vets that are 100% and get less than $25,000 a year. I don't know of any vet that makes that little at 100% so that benefit here in NC is a farce. I did however get my lifetime fishing liscence for $10.00 You only had to be 50% for that. Did you say that you have applied for SSDI or gotten it? DJ 8
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I agree with Hoppy. Most VA docs do not get involved. The ones I have spoke to say thay are only in the treatment buisness and know nothing about the claims system. They act like they will lose their jobs if they write a report that is favorable to you. So that leaves you with having to get an IMO and it costs you money. Alot of people can not afford the rates the doctors charge unless you have some extra $$$ laying around that you don't need. I have had to get 2 IMO's but they only cost me an office visit with a Family Practice dr and the VA put alot of weight on these reports. Hope this helps
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No Pete, the max the atty could collect was $5,300. He collected that off my award. I then had to file for benefits for my 2 children. The atty did not collect anything from the children's claim. I had a very good atty. He was somewhat unconventional though. When I went to his office he would be wearing just socks and no shoes. He also only had a either a t-shirt or a nice shirt on but it was always un buttoned. His office looked somewhat of a mess. Files and paperwork piled on a conference desk. He also had a very old car that had lots of dents and one of the side view mirrors was hanging off. All that being said he was on top of his game and really knew the SSDI system. The hearing only took about 15 mins. My wife's testimony carried alot of weight. That was totally unexpected. His tv commercial portrayed him as the typical attorney. I would highly recommend him to anyone needinmg help with an SSDI claim here in Jacksonville NC.
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Thanks again for the info. DJ 8
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Yes they will give you a copy. All you have to do is write a letter requesting it and mail it to your regional office. You can not call as they will not send a copy unless you request it in writing. I beleive that once you get the copy you can in the future get a copy of anything else that has gone in to the file since they made you a copy. DJ. 8
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Yes I do get SSA for the same conditions. I did not have the depression Sc'd when I got the SSA, but that was not required for the SSA claim. I now have the depression Sc'd at 10% and that is 1/2 of what I got the SSA based on. The other 1/2 of what I got the SSA on was my lower back which is 20% currently. I feel it should have gone to 40% based on the 30 degrees or less forward flexion. I sent them a copy of the SSA paper work. It was referenced as the last item under evidence. I did file a formal claim for I/U. This claim was kind of mixed up since I filed for rt. ankle as a secondary and a lower back increase in Nov of 06 then in Jan of 07 I added depression and sciatica( which they denied ). I have an MRI that was done that shows 2 ruptured discs and one bulging disc impinging on the left side nerve root. Maybe they rejected this claim because the sciatic pain stops just below the knee. I have no idea what kind of nerve damage there is. I just know that I have had thie sciatica since Aug of 06 and they won't do anything about it but give more pills. I supplied them with every thing they asked for. I even sent them a reply that I didn't have any more evidence to submit the last time they asked me. It seems to me they are just trying to move this claim out at 10% and get to the next one and hope I do not appeal. What is the difference between an NOD and a reconsideration? Do both stay at the local RO? I know the recon does because I used it once. It's funny because in May of 06 they tried to cut my 30% neck and 20% back down to 30% combined but they later decided after I asked for a personal hearing that they would leave it at 50% combined. What a system. Gotta love it.... Thanks for the help DJ 8
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You do not have to be out of work for a year before applying. I could no longer work in Aug of 04 and applied for SSDI in Oct of 04. In the law judges decision he found me to be disable in Aug of 04 and I was entitled to disability in Feb of 05. There is a 6 month timeframe from when you became disabled until you can get benefits. In most cases this whole SSDI process takes anywhere from 18 months and up. Mine took 31 months from first file until award. I was denied twice and had to wait for a hearing before an administrative law judge. I had an attorney from after the 2nd denial and it cost me $5,300 of my back pay but it was worth it. I do not believe that anyone should have to hire an attorney in the first place but that is what it takes nowadays to get what you are entitled to. DJ.8
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I believe it can be done. You will have to start with a patient rep and will probably end up at the diredtor's office to get the answers.
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I received my rating decision in the mail yesterday. I had applied for 1. Service connection for depression as secondary to my lumbar strain. 2. service conn for rt. ankle strain secondary to lt. ankle strain with residuals. 3.Reeval for lumbar strain. 4.Reeval of lt. ankle sprain. 5. SC for sciatica secondary to lumbar strain with DDD and 2 ruptured discs and 1 bulging discs. 6. Entitlement to I/U. I received 1. 10% for the depression. 2. SC and 0% for the rt. ankle. 3. Lumbar strain stayed at 20% 4 Lt. ankle sprain stayed at 10%. 5 SC for sciatica was denied. 6. I/U was denied. I started out with 505 and now have 60%. My questions are as follows. 1. The rt. ankle has the same ROM as the lt. ankle which is rated at 10%. All info on the rt. ankle in the dceision is the same as the lt. ankle. Should I appeal this? 2. the ROM on the lumbar strain went from a combined ROM of 165 to 135. The forward flexion was 60 deg and now it is 30 deg. The way I read the rating laws a forward flexion of 30 deg or less grants a 40 % and anything more than 30 deg but not more than 60 deg. Should I appeal this? 3. SC for Sciatica. The decision states the exam revealed no signs of intervertebral disc syndrome with chronic and permanent nerve root involvement. The exam lasted only for 10 mins for all items except the depression. That was a seperate exam. Should this be appealed. And lastly The I/U was denied. In Aug of 05 I was awarded Soc. Sec. disability for depression and lower back problems all SC conditions. That was the only things that were listed on the law judges decision. Should I appeal the I/U decision. I currently have 1 SC at 30% and a combined of 60% I believe I should have 1 SC at 40% the lower back and a combined of 70% Either way shouldn't the VA have sent this for extra-shedular consideration based on the Soc. Sec. decision that was submitted to them before this rating decision?. I have an appt with my local NC division of veteran affairs office this week coming up. I am afraid that they will not have the answers. They seem to only be good for filing the paperwork and forwarding any evidence to the VA. Sorry this is a lengthy post but I tried to include all the info that I had. Thanks in advance for the answers to all these questions. Dalejr 83
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On Friday I got my favorable decision from Social Security. The claim was granted all the way back to Aug 2004. I have a few questions about how the VA side works. I was granted the SS based on 1 service connected thing and the other thing that I was granted SS for is NSC for now. I applied to VA 6 months ago to make the other thing SC as a secondary. What I was wondering is will VA award me TDIU based on the SS decision? I am 50% for 3 things. 30% for ddd in neck, 20% for ddd in lumbar spine and 10% for ankle. I applied to VA 6 months ago to increase the lumbar spine and to add sciatica as a secondary and to add depression as a secondary. The depression is the other thing that I was awarded the SS on. I am going to file the TDIU any how. I am now able to afford to wait out the VA no matter how long it takes. Thanks Dale Jr.8
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I finally won my SSDI claim. It took 2 years and 9 months. My question now is will VA pay me at the 100% rate? I am currently 50% SC and the SSDI claim was approved on one of my SC primarily. It was also approved for a secondary reason. I believe that all I have to do is apply to VA for I/u and send in my SSDI award letter. Is this how it works? Thanks Dalejr #8
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In Onslow County North Carolina you have to be 100% or IU and make less that $20,500 a year. Not very likely seeing how every veteran makes more than that per year at the 100% rate. We do not have a very good property tax break here in N.C. Dale Jr. 8
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Does anyone know how the pain management clinic works at the VAMC? Specifically I would like to know if you have to go there all the time after the first visit or can what they do be done at the local clinic near my house. It is a 2 hr. drive each way to the VAMC. Thanks Dale Jr.8
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Sounds like the C&P doc is trying to override the Vov Rehab. Some C&P docs try to pass the buck on a firm opinion to someone else. They like to use the term "without resorting to speculation". The whole key to this is your non-service connected issues. If those are the primary reasons that the Voc Rehab people said what they did you have an uphill climb. Either way if you get shot down at the VARO you can use the Voc Rehab paperwork as new evidence. Dale Jr.8
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I would call the VARO and ask to speak to a supervisor. It doesn't surprise me that the VA has messed up on a mathematics issue. Just look at the way they calculate the %. Dale Jr. 8
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The VA clinic in Jacksonville N.C. only requires the original non va prescription and the dr's reasoning for prescribing it. The drug must also be on the VA formulary. This formulary changes all the time. If they are not on the formulary you can request a waiver but chances are that before it is approved you either will not need it any more or be deseased Dale Jr. 8
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MarineJay,
I have similar problems as you do. I was diagnosed with lower back strain. 3 months ago I had the same sciatica you talk about. I had an MRI done and it showed the ruptured discs and bulging discs. That is the worst pain I have ever felt. It is much worse than a kidney stone. I am in the process of getting the lower back strain changed to DDD. You can not have sciatica as a secondary to lower back strain. I have to see an ortho doc on the 27th of Dec. I believe that I have had DDD all along and VA just gave a diagnosis of lower back strain. You do not suddenly wake up one day with DDD. I expect it will be a fight to get the ortho doc to do what is right. Good luck on yours. Dale Jr. 8
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KennyJ,
Dysthymia is also know as chronic depression observed over month to years. Depression is catergorized many different ways. Most S/O's do not do much for the veteran. I got lucky and had a good one. He saved me from having to go to a personal hearing for a proposed rating reduction. Instead the R/O left my rating where it was. Good luck on the TDIU. Dale Jr. 8
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Rdawg,
My primary care doc didn't want to provide an opinion about a couple secodaries that I have filed for but I made him send me to an ortho doc. If the ortho doc doesn't want to do his job I will go see the medical director of the VAMC. I do not know if this will work but usually you can get things done if you go up the rope ladder to the top. I usually have gotten whatever it is that I wanted by calling the directors office. They usually will help you to make the problem go away. Dale Jr. 8
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I never knew enough to ask for a copy of my C&P. Now whenever I have one I call QTC to see when they sent it to the R/O then I formally request one in writing. I keep a copy of all VA related med recs and any other items so in case they slip into the VA trash can I have another copy yo send them. Most of my S/C problems are of an orthopeadic nature and I have gotten 1 doctor for a C&P that speacializes in mental health issues. Can't hardly see how she was qualified for the ortho stuff. Dale Jr. 8
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Cherie33,
Do not be afraid to go after what you deserve. Va also tried to reduce my rating from 50% to 30% based on 1 C&P that took 5 minutes. I sent in a statement from my primary care doc and a private doc. They decided to leave me at 50%. The very next day after I received the SSOC I refiled for an increase on my back and filed for 2 secondary conditions related to my back. The VA will give you a lower rating unless you point out to them what the correct rating should be. Good Luck Dale Jr.8
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Lobo,
Most of the vet reps are either DAV, American Legion or the local county vet reps. Try looking in your phone book under veteran service office. Dale Jr. 8
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John999,
You are right about the fighting. I have had to fight to get what I have and recently have had to fight to keep what I have. I also got a low % the first time around. Do you live in N.C. by chance. VA Winston-Salem is especially tough and claims seem to take a little longer that other RO's Don't know why this is the case. Keep trudging along. Dale Jr. 8
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David,
If the C&P doc didn't address the shoulder the VA doesn't want the doc to look at it. My guess is that you put in a claim concerning pain radiating down both arms. The shoulder and wrist should stay the same. You also should get a % for the cervical radiculopothy. Do you have a % for your cervical spine? If so you probably won't get an increase for that if you get the radiculopothy %. Va does try to wear you down. They proposed to reduce my % from 50-30 but couldn't do it on the C&P doc's exam alone. since my C&P I submiitted new evidence and they decided to leave the % alone. The day after I got my SOC from them I filed another claim for Sciatica in the left leg and an increase on my lumbar spine. Hope all turns out well with your claim. Don't despair and give up. Dale Jr. 8
Rating Decision
in VA Disability Claims Research
Posted
Rdawg,
I was told that back strain and DDD are both considered the same when VA does their rating. I know that back strain is rated on range of motion. How is DDD rated? I have 20% on the lower back strain currently, based on 45 deg of forward flexion. At my latest C&P my forward flexion is 30 degrees which should have resulted in a 40% rating. I already have an IMO for the sciatica but it is from a General Practioner MD and not Dr. Bash. Maybe they like his reports better than the one I sent in. Mine only cost me $75.00 for the office visit. DJ 8