silverdollar22

Yes it was my SMR and the third and fourth page is the decision letter. Yes they stated that they reviewed my records numerous times and missed the arthritis in hand part. If I remember right there’s another page that states that I had arthritis x5 months. Yes I’m sure he sent that page in for evidence. I don’t know if he used 38 USC 4.6! I hope that they agree that it is a CUE and rate it at least 10% back to 98!! That will be a good chunk of change even after the 20% lawyer fee.

Thanks for the information, but what is done is done. If they deny the CUE I can still file to reopen the claim, But only with new and material evidence right? Could that be in my SMR where it states that I have arthritis in my hand?

I cued the va and won for the reduction of my back. A lot of times they buzz through the C&P and miss pertinent information like my gait (limp) that the examiner wrote down. They reduced me to 10% but I sent in a nod and cue because a gait is an automatic 20% according to their ratings. IMHO I would do it quickly. Ms Berta will chime in on this I hope. She’s great on cue’s!!!

I’ve got another one in the works. My lawyer submitted it after he noticed it; Status of Your Claim Submitted: 06/21/2018 (Compensation) Estimated Completion: 09/19/2018 - 11/25/2018 Estimated Completion InfoTooltip with additional information Disabilities Claimed: CLAIM FOR CLEAR AND UNMISTAKABLE ERROR FOR FAILURE TO GRANT SERVICE CONNECTION FOR RIGHT HAND ARTHRITIS ON AN AUGUST 1998 RATING DECISION (Reopen) Representative for VA Claims: CHUCK R PARDUE Current Status: Gathering of Evidence I can take a picture or scan the decision letter back in 98 in which I claimed pain in my right hand. The VA In their infinite wisdom looked at my little finger that got crushed and never examined my pain in hand claim. After reviewing my smr it states that I complained about it and they diagnosed my hand with arthritis x 5 months. Here is the evidence on my CUE;

As I said in another thread, I have a doctor that did my DBQ and he worded it as (due to or aggravated by)! The (aggravated by) is the wording that I have researched to be affective in explaining the connection between SA and your existing condition. This is going to be secondary to my depression and anxiety with medication and also my back condition. I was not even aware of SA while I was in the army and not until a few years ago. This is why it would be better to connect it to my present conditions. Yes, I do think I had it while I was in because of my loud snoring and other soldiers making fun of it but, since I never complained ( I wouldn’t have even known about SA) about it in my SMR it would be next to impossible to connect it that way.

I have a doctor that did my DBQ and he worded it as (due to or aggravated by)! The (aggravated by) is the wording that I have researched to be affective in explaining the connection between SA and your existing condition.

Hey hamslice, first of all thanks for taking the time to do this for me. I appreciate you spending the time! I see you figured in the bilateral factor, but why only once? Maybe you did it twice and I just can’t tell where the other is (math was my enemy)!!!! I have two bilateral factors, knees and leg nerves. The whole reason I even bought this up is, I hired a lawyer Thursday and when we met, he mentioned that my percentages didn’t look like they added up right. I guess it was just wishful thinking on my part. LOL Thanks guys for all the help!!

When is the bilateral factor figure in?

I got 83 without bilateral ! Isnt 20&20=36+10 bilateral and 10&10=19+10 bilateral?

Buck, is that with the bi-lateral factor figured in?

Ok I think that the VA is adding up my disabilities wrong if I’m doing this right, but I’m not sure, so could one of you guys please help me with this please? Here’s my disabilities 50 MDD 20 BACK 20 R leg nerve 20 L leg nerve 10 L knee 10 R knee 10 Sacroiliac 10 BP VA IS BEEN PAYING ME AT 80%!!! This isn’t right is it? They forgot to figure in combining of the nerves and knees right?

Lol, yeah, like bringing a knife to a gun fight! Making my PTSD, PTSDX2!!!! I know that it’s a big game for them but, I’m going to let the guys with the degrees shoot for awhile! My last C&P was the last straw! I’m going for the IME’s from someone with more clout to shoot down the NP’s opinion. Bull- - - - !!!!! That’s all it is!! I just wish we could hold them responsible for their incompetence!! For instance, 2015 x-ray for my neck said bulging disks but disk space equal in distance. Fast forward to 2016 MRI says disk bulging with congenital disk fusion! Really no joke! It’s just crazy incompetence!!! Like I said, time for the big guns!!!!

This is my SUCCESS STORY!!!! I’m through with the fighting!!! I can’t do this anymore! I don’t want to fight the va and their screwed up system on my own! I hired an attorney to do this for me. He works with a Doctor that does IME’s and said that with all the information and paperwork I have, 100% is very good. I should have listened to my wife and did this years ago!(23years of fighting) The attorney works on a 20% contingency basis which in my book is well worth the headache and heartache!!!! I will have to pay for the IME’s upfront but with this attorneys win rate and positive ratings it’s worth the shot. I want to thank all of the great people who for many years have provided me with great information and advice! Without your help I would be crazier than I am right now and still sitting at 30% instead of the 80% percent. Again I’m done, but not through! The war is with a stronger and smarter army now! Thanks again for everyone’s help!!! I’ll keep you posted on things!!!!

You’re very welcome

I’m through with the fighting!!! I can’t do this anymore! I don’t want to fight the va and their screwed up system on my own! I hired an attorney to do this for me. He works with a Doctor that does IME’s and said that with all the information and paperwork I have, 100% is very good. I should have listened to my wife and did this years ago!(23years of fighting) The attorney works on a 20% contingency basis which in my book is well worth the headache and heartache!!!! I will have to pay for the IME’s upfront but with this attorneys win rate and positive ratings it’s worth the shot. I want to thank all of the great people who for many years have provided me with great information and advice! Without your help I would be crazier than I am right now and still sitting at 30% instead of the 80% percent. Again I’m done, but not through! The war is with a stronger and smarter army now! Thanks again for everyone’s help!!! I’ll keep you posted on things!!!!

Tiffany, you should remove your name and other pertinent information from your post. You never know what information people can use!!!

Thanks Gastone

Ok, help me out here please! I just saw another Vets disability ratings and I’m confused about how he got what he got! Can you claim different nerve root radiculopathy in each leg? I guess you can but, how do you get it separated into each different nerve roots? Look at the second rating with different nerves rated. Then look at my ratings for the same radiculopathy but it doesn’t define which nerve is impeded. How can you get these nerves separated into two different ratings?

Gastone, I did not ask her why but I have her business card so I can contact her anytime. I can’t contact my PCP she’s out of the country!!

Buck, thanks for the great information again but I’m s little confused with 2 of the things you said. 1). Do you mean go into e-benefits and print all of the pertinent information about my physical disabilities and give it to my VRC? 2). What is the average wait time to receive a copy of your c-file? 3). In the meantime should I continue to bug the VRC about the paperwork that says I can’t do anything or about the IL plan just so she won’t forget about me?

L Your right but, they rotate her replacement every 2 days. So, that means a different doctor every two days! I tried to get one of the replacements doctors to help me with short term disability paperwork and they pitched a fit.

What about the VRC saying that she had to get with my PCP to sign the paperwork? Would the VRC’s notes still show up in my VA notes?

Hello everyone, I’ve been reading about VR and the effects it has on TDIU. Recently I applied for VR and after the class and paperwork I talked with the VRC about my SC disabilities and how they affect my ability to work. She told me that it appeared that I wouldn’t benefit from VR and that I couldn’t even attempt to start my own business with my drone and Ariel photography. I left feeling down on myself because what the heck was I going to do then! She said to contact her in a few days to talk about IL opinion. When I contacted her she said she would have to wait to get my PCP to agree with her decision! Is this normal? Is it up to my PCP to agree with her in order to receive the confirmation on not being able to find gainful employment? If this is the case I may be in trouble because my PCP is out of the country until the middle of July! Should I continue to bug the VR lady so she won’t forget about me?

Wow, when I read your post I showed my wife and said, who does this sound like? I am going through the exact same thing as you are! I’m right in the middle of applying for STD and have until Friday to get it done! I have my psychologist and psychiatrist backing me up on my STD and hope that they will go the extra mile on my application for TDIU after my STD and LTD run out or if they deny me And I get let go from my job. I’ve been doing my job for 20 years and most of it in pain. I’ve been suspended 3 times in the past 6 months and am on the chopping block also, so hang in there!! May I ask how old you are? I’m asking because I’m 56 and figure age may play a factor in everyone’s decisions. Have you thought of reaching out to vocational rehab at the VA for their opinion? I’ve heard that there opinion has a lot of weight when it comes to TDIU! Maybe someone will correct me if I’m wrong! It’s like being stuck between a rock and a hard place. If we loose our jobs we loose our insurance for our families! If we’re still on the company’s payroll we can’t apply for anything!! What the heck??? Like I said, just hang in there and pray about it a lot!!!

Just wanted to say Thank you for the GREAT information on EED’s. This information will be invaluable to us veterans who are interested in seeking out an EED for their claims. Thanks again for the great information!!!