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lcplcookba1
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Posts posted by lcplcookba1
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HI! :D
THAT has a better chance since it's organic in nature. As long as you write it up as having difficulty breathing due to blockage, feeling short of breath, constant waking that causes daytime fatigue, etc it will be fine. :)
do you think this would work for chronic Bronchitis lol
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You have to read the regs on that. I had similar instances in my rating of GERD and IBS. You don't have to meet all the listed symptoms in order to get the higher rating. The VA raters are supposed to look at the results and compare your symptoms to all facets of the higher rating schedules. If your conditions has symptology in both the lower and higher brackets of the disability schedule, they are supposed to go for the higher rating. They never do that. Hence that is why so many claims are in the appeal cue. Ill try to find the references here in a bit. Specifically for GERD and IBS. Also if your having to take medication they are not supposed to assign a 0%, your condition must be considered how it affects you if you were not on medication. Kind of like I have sleep apnea. I use a CPAP. Oh heh he uses a CPAP, he doesn't have APNEA anymore. No more problems.
Rather let me correct that. They are supposed to consider all symptoms and rate higher if it matches the higher rating. It's not if you have all these you are given the higher rating.
Question, Then why do they rate restrictive lung disease after the inhaler is used and not before??
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Read the exam closely. The only thing that matters is the following statements.
Opinion: was not due to ==100 percent against.
not likely 75 percent against
at least as likely as not = 50 percent (Benefit of doubt kicks in)
most likely = 75 percent sure
was due to= 100 percent sure.
In my opinion, You are going to have to appeal thses issues. Was the examiner a Nurse of MD?
You may need to get an IMP from a MD. This could use the expertise of Dr Bash.
Basser.
Yes I have read it several times the sleep apnea and Lft knee/foot will be denied SC I already know that and the only sC I can find with my Apnea is the fact my SC disabilities in no way allow me to exercise and I am heavier than I would like to be. Because of it, My Service connected Chronic Bronchitis truly has no connection to sleep apnea according to all published medical studies. So that was a long shot. What they can't deny me is the fact my forward flexion is 25deg and my FEV-1 is 62% predicted which by law calls for 40% and 30% both of which would be an increase ffrom 20%DDD and 10% CB respectively from an existing SC rating. This coupled with post op residuals 10%,IDSL nerve damage 10%,residuals rt thumb 10% and risiduals first and second metatarsals 20% all existing satisfy the 40%/70% requirement and should give me a combined rating of 80% which would satisfy the 40%/70% Combined Requirement for IU. Now I don't know what other requirements I would need, I'm certain if they can find a way to deny me they will But I do think I have a decent case for IU but I'm still worried because I don't have an IMO is that what this Dr bash does? I'm sure if they don't see it my way I will have to appeal but I can't afford a DR cause I haven't been able to work, I think they are counting on that. What ya thing brothern,lol
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Copy your exam and Cover up your name, SSN and other identifiers and scan it as a PDF and upload it here so we can look it over.
JBasser
Here you go JBasser thanks!
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Is this all for a TDIU claim?
Sort of, The nuropathy of both feet, CODP, back ddd, right leg, rt foot so yea I think it looks like the rom for the back should rate at 40 and the bronchitis FEV-1 should rate ate 30 combined with all other rated SC issues gives a combined rating of 80
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Can you scan and attach here the entire C & P exam? (Cover C file, name, address first)
Who?
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they dont look for the things that would garner a higher rating, because they are looking for things to try and reduce your ratings.
It is no secret that the va will fight tooth and nails to try and keep vets from getting 60 or 70 percent. They know that the vet is either struggling to stay employed because of thier problems, are are already there. Its all a numbers game and they dont seem to care whether you have a pimple on your ass or shrapnel in your head.. ITS ALL DENY , DENY, DENY.
+1
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I found this statement several times in my exam, mostly referring to Pain or difficulties doing something "The examination neither supports nor contradicts the Veteran's statements describing functional loss during flare-ups." Does the benefit of the doubt go to the veteran since the bar is set to 51% whether or not its true. Also, As with repetitive use of an injury just because the doctor wasn there to witness the pain does the rater assume it never happens?
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I just completed my C&p EXAM on Jan12 however I am scheduled for a neurology exam Feb13 how is radiculopathy rated for ddd by the VA, where I was told to get an EMG for the radiating pain in my legs and feet. Will the VA rate this pain before the get the EMG results or will I have to appeal? or something different, you guys have been great at answering my questions so far. And I am grateful to all!
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The inability to sit for long periods of time can be equally important in determining employability, as it severely limits the types of sedentary jobs a person can do. You can read more about the sit / stand option (and how it relates to SSA) here http://www.ssas.com/selected-issue-topic-sequential-evaluation-process/residual-functional-capacity-and-sit-stand-option/
Basically, they would have to say that there have to be jobs available that allow you to sit or stand at will.
If you actually have to lay down between periods of sitting, it is very unlikely that you will find a job that will allow you to sit, stand AND lay down at will.
And if I recall correctly, the back condition (which I would think would be the condition in play here) is SCed.
Yes it is,
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Illegitimi non carborundum
Carborundum, also known as silicon carbide, is an industrial abrasive material, but its name resembles a Latin gerundive, a grammatical construct that expresses desirability of whatever the verb denotes. In this case, carborundum can humorously be "translated" in English to mean "fit to be ground". Often illegitimi is in the dative case (illegitimis), a case that often follows the Latin gerundive and denotes agency; together with carborundum, the phrase means "fit to be ground by the illegitimate (i.e. bastards)". Finally, non negates the activity of the gerundive, producing "not fit to be ground by the bastards". The phrase is then generally reworded into "Don't let the bastards grind you down".[
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free_spirit_etc,
I agree with you about it being possible but I don't think it happens very often. I can not recall any successful TDIU cases on Hadit that did not meet the standard criteria. If other Hadit members have received TDIU without meeting the standard criteria, please respond and let lcplcookba1 know how you went about receiving TDIU.
Georgiapapa.
I'd love to be the first but the results of my exam, if the VA Follows the guidelines should allow me to meet the standard criteria. The American legion Rep said from what he is seeing it shouldn't be long before I find out
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Not necessarily. Social Security's decision would be based on whether all your disabilities combined prevent you from working, while the VA will consider the SC disabilities.
I didn't get from the C&Ps that the doctor was saying the conditions prevented you from working, but that they impacted the types of work you could do.
That was one of the reasons I asked if you also had problems with prolonged sitting. I know the C&P stated you had trouble with prolonged walking, and lifting and bending. But a lot of people with back conditions also have trouble sitting for substantial periods - which also rules out many sedentary jobs that someone who is merely unable to walk or stand for long periods can do.
Hopefully you can get a good IMO that can connect the left side conditions to the right side conditions. Maybe you could ask the rater to drag his right side around for about 30 years and see if it doesn't affect his left side.
lol yes I would love to pose that question to the un named source that holds my life in his hands
But I did tell the dr that I had to lay down and couldn't sit stand walk or stay in the same position for very long without the pain driving me to a new position to find some relief. I didn't see that noted either, He was a VA DR this time my last CP exam was with an outside DR as part of the tiger team push in 2010. What can be done short of an appeal to clearify discrepencys in the exams findings and omitted material, Anything. What is a DRO? Can you request your exam be scene by a senior rater? I thought I read something about that here -
I hope things work out for you. If you get the 40% for DDD and end up with a combined rating of 70%, you would be a good candidate for TDIU as long as your evidence shows your service connected conditions keep you from seeking or working at significant gainful employment. Please keep us posted as I hope you achieve TDIU status or better yet, 100% P & T status so your 3 children will have Chapter 35 educational benefits and Champva healthcare benefits.
Good luck.
thank you Sir I should have a desision soon enough
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lcplcookba1,
Personally, I believe the medical conditions you have described make if difficult for you to work and I hope you eventually get TDIU. You and I may reach a logical conclusion that you are unemployable but you are dealing with the VA which applies federal law, written policies and established criteria to reach a conclusion rather than logic or common sense.
Perhaps I overlooked it when I read your C & P report, but I do not recall the examiner saying you are unable to work. The examiner used the following phrases indicating limitations on your ability to work: "unable to walk or stand for prolonged periods of time", "limited bending or lifting", and "unable to engage in strenuous activities." Also, some if not all of the conditions he indicated were causing these limitations were condtions the examiner determined were "less likely than not" caused by your service connected conditions. In other words, most, if not all of your work limitations referenced in your C & P report were not caused by service connected condtions and as a result would be given limited or no consideration for TDIU.
Keep in mind Rating Specialists at your RO have to make their determination as to service connection and severity of service connected conditions based on the evidence they are given and applicable laws and policies. Absent an IMO or other evidence to the contrary, they will heavily rely on the C & P examiner's report to determine if your claimed conditions are service connected. The Rating Specialist will use 38 CFR part 4 and review the symptoms noted by the C & P examiner for your claimed conditions and apply the appropriate disability rating according to your level of disability for each service connected condition. When considering additional disability compensation such as TDIU, the Rating Specialist must follow the criteria set forth by the VA regarding eligibility for TDIU. This criteria includes my references in my previous post. At the present time, you do not meet the criteria since you do not have a single rating at 60% or two ratings or more for a combined rating of 70% and at least one rating of at least 40%. The C & P examiner also never stated you could not engage in all forms of substantially gainful employment (e.g.- sedentary office work).
Again, a good IMO is your best chance of being service connected (primary & secondary) for additional medical conditions and to meet the criteria for TDIU and possibly P & T at some point in the future. A good IMO is a good investment in your financial future.
Good luck and Semper Fi.
Yes Sir, thanks for the great jolt of reality. I do agree with what you say. There is one thing to know you can't work and the other is proving it. According to my calculations and followong the federal guide lines. My SC bronchritis will be rated at 30% with an FEV-1 of 62% after inhaler and my DDD at 40% with forward flexion of 25 deg. if all other ratings remain the same gives me a combined rating of 80%. I know God probably grows tired of working these claims, but if He doesn't get mine on a Friday or a Monday, I still have Hope. I've called 15 Dr's offices in the Toledo Area. No Doctors are taking new patients primarily because of Obama Care or so they say. I offered cash, still no takers. Well I'm off tto get my diabetic Shoes from the shoe van man TOPC. I don't have diabeties but I have the foot pain, go figureif I ask again, Social security deems you unemployable, will the VA Follow suit, has anyone found this to be the case? ThanksI ask again
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Are you going for increased ratings also? Some of the ratings seem a bit low in regard to being unemployable. (However, I am not very familiar with TDIU claims). It will definitely help if the doctor states your service connected conditions prevent you from working, or limit you so much that it would be difficult to find a job that you can do.
As far as SSDI, all conditions should be considered, regardless of whether they are service connected or not.
I wouldn't be completely convinced that your service connected conditions are not related to your other conditions. So I think you are wise to seek the opinion of a private physician.
As far as SSDI, you mention a walker and cane. Do you have to use a walker much? Or two canes?
You might want to read http://www.socialsecurity.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm
Also -- You mention you are 49. When do you turn 50?
The whole game changes for Social Security when you turn 50. The standards to meet to be considered disabled are not as limited. They start basing it more on whether you can do the work you used to do, rather than whether you can be retrained to do something else.
http://www.ssa.gov/OP_Home/cfr20/416/416-0963.htm
Sorry I haven't been much help with the TDIU claim. I just know a little bit more about Social Security.
I was issued a walker and yes I use it if I know I have to be walking for a distance Mostly just a cane
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lcplcookba1,
I wish you well but I have to agree with Navy and others. Based on the comments in your C & P exam and your current ratings, I just do not see TDIU being granted.
The statements by your C & P doctor indicating your current service connected disabilities impact your ability to work is a step in the right direction but you will have a difficult, if not impossible task, trying to get TDIU without a strong IMO using the criteria which can be found on this website. Others on Hadit may give you recommendations on doctors who provide IMOs for your specific conditions.
Other criteria to keep in mind to receive TDIU, you must have,
At least one (1) rating of 60% or higher or;
At least two (2) ratings with one rating of 40% or higher and a minimum combined rating of at least 70%;
and the service connected disabilities prevent the veteran from seeking or working in substantial gainful employment.
Of course, my opinion may differ from others on this website. You should do your own research on TDIU and on your specific disabilities. I would suggest reading 38 CFR part 4 as this contains the rating tables used by the VA to determine ratings based on the severity of your conditions.
Good luck.
I found this It would seem to me if the rater is using this criteria and multipul times in my report its repeated that I'm unable to preform work, the logical conclusion is I'm unemployable. what else am I missing
§ 4.2 Interpretation of examination reports.
Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. -
I really appreciate everyones help, good or bad for me, i want to hear it all, The stuff in this exam is just the stuff I could think of that was wrong with me when I spoke to the VSR. Of course I have depression I take 35 pills a day just to get out of bed. and my doc would give me a referal in a heart beat. I hav diverticulitis, bowel issuse from the narcs ED from all the service connected meds My hand was broken and I get 10 percen for risiduals for that which wasnt even part of this exam, I use a hammer for a living I'm sure I could think of 5 more things . Of course they didnt find any nexus between my left leg and my right Ive only had a limp for 30 years That has nothing to do with my right other than bearing most of my weight for 30 years right? right! So Had it is right, they want a pain in the a$$ THEY GOT ONE, LOL I never quit anything in my life, I won't give up, just advance in another direction, as fast as my walker and service connected disabilities will allow of course .If I could find a decent dr who took new patients and didnt have skin in the VA Game, I'd be all set, Oh hey if SS find you unemployable does that help with your VA case. Binder and binder took my case so they obviously thought I had a case anyhow thanks so much guys! If anything it helps to have someone to talk too
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Good luck with your claim!
It looks like most of the issues that the doctor checked impacted your ability to work, the doctor also stated that they were less likely than not related to your SC conditions. You might want to consider getting an Independent Medical Opinion on this and see if another doctor thinks they are related.
Have you applied for SSDI?
Yes I applied feb 2013, still waiting for my day in court. So the fact the dr found my service connected issues affected my ability to work will the rater take that into consideration on my IU clain. Most of the less likely's were to new claims so Im not surprised. Is there a list of vet friendly Civ drs I can find, I havent worked in 2 yrs so I dont have ins, I live in OH thanks!
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thanks I was looking for that,
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here are my numbers, how would I apply these to a SC Degenerative Disk Disease
Forward Flexion (0 to 90): 0 to 25 degrees
Extension (0 to 30): 0 to 15 degrees
Right Lateral Flexion (0 to 30): 0 to 15 degrees
Left Lateral Flexion (0 to 30): 0 to 15 degrees
Right Lateral Rotation (0 to 30): 0 to 20 degrees
Left Lateral Rotation (0 to 30): 0 to 20 degreesthanks in advance!!
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thanks Navy04 I'll Take it! I never met a sailor I didn't like
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The exam was hard to read, but in my opinion there is plenty there for you to have a few more conditions to be granted SC. Now at what % is hard to say bud. As far as IU, yes the VA could send you the forms for IU, but I would think that currently there is not enough there, unless you have a SC condition with a high % that affects your ability to work tremendously. When it comes to your SSDI claim, every bit of evidence helps. Did you get your Physical and Mental VA Docs to fill out a SSA Mental and Physical Capacity Form? If not I can email it to you or you can google these forms. These forms help tremendously bud. Good luck and keep us posted
yea its a lot to take in. I found 3-4 times the dr said my disability would keep me from working thats why I asked. I also applied for IU at the same time of my claim. I haven't worked in 2 years because of my issues, going to get diabetic shoes on the 28, I was issued a walker and it helps but my pride is a tough hurdle to get over, Soon enough I won't have a choice. My dr said she wouldn't fill out forms for SSD, Its not VA Policy she said
example
Regardless of the Veteran's current employment status, do the
condition(s)
listed in the Diagnosis section impact his or her ability to perform any type
of occupational task (such as standing, walking, lifting, sitting, etc.)?
[X] Yes [ ] No
If yes, describe the functional impact of each condition, providing one or
more examples:
Unable to walk or stand for prolonged periods of time.
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ICPL: Do you have a COPD Comp claim in? My dad was a long time multi pac a day smoker from early youth. Quit smoking when he was about 67 and developed COPD a yr or so before he died @ 85. With heavy smokers, I don't think it's a question of if COPD will develop but more of a when. Have you been DX'd with COPD?
Semper Fi
Gastone
Hey Bro Yes I applied for a new claim secondary to Bronchitis but not sure if they will rate me, they should I think
But I did tell the dr that I had to lay down and couldn't sit stand walk or stay in the same position for very long without the pain driving me to a new position to find some relief. I didn't see that noted either, He was a VA DR this time my last CP exam was with an outside DR as part of the tiger team push in 2010. What can be done short of an appeal to clearify discrepencys in the exams findings and omitted material, Anything. What is a DRO? Can you request your exam be scene by a senior rater? I thought I read something about that here
Pending Decision Approval 18 Days From C&pexam Good Or Bad?
in VA Disability Claims Research
Posted · Edited by lcplcookba1
My C&P Exam was on the 12th Jan and EBenefits shows it is now pending decision approval, That seems pretty fast for a thorough, review of my records. . Is that normal? Anyone have similar experience. This was my disabilities claimed
Disabilities Claimed: residuals, fracture of the first and second metatarsals, right foot, with degenerative arthritis (Increase), degenerative disc disease, lumbar spine (Increase), Lumbar spine with degenerative arthritis in back (New), chronic bronchitis (Increase), Sleep apnea (Secondary), Left foot condition (Secondary), Left knee condition (Secondary), Individual unemployability (Reopen), residuals of gamekeeper's right thumb, dislocation, with traumatic arthritis (dominant) (Increase), post-operative residuals, injury to the right knee and medial collateral ligament with removal of a plica (Increase), intervertebral disc syndrome of the lumbar spine involving the superficial peroneal and saphenous nerves, right lower ex (Increase), COPD (New)
Looks like my RO was at the Austin MAV but I live in OHIO, at least that was where my records were downloaded from, make sense?