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https://www.hillandponton.com/working-receiving-tdiu-time-yes-possible/ https://cck-law.com/news/protected-work-environment/ https://www.veteranslawblog.org/tdiu-benefits/ Good advice on this issue.

I was in the 2/75th Ranger Bn. Weeks before they were deployed to Grenada, I was sent to Germany. Did I get pissed? Yes. Depressed? nothing that a good beer and a 5 mile run the next day would not cure. It could not rise to the level of stressor for me. Its ancient history now. By the time the first Gulf war went down, I was to old to re-up and stayed on the sidelines. Rite of passage? To me, it was being ready to go when I was told. To young for Nam, to old for the Gulf, but I served with honor. Asknod is correct, they will ask some tough questions about your stressor. If the answers are not believable, it will become an insurmountable issue. Get a good Psych and get him to document this professionally, without that I do not think that it will happen.

Couple days? Changes should reflect in your disability percentage pretty quick.

Not sure but it sounds like you think the 10% was low-balling your condition. They did that to me, you are not alone. You can call Peggy (the VA customer service #-800-827-1000) and get them to submit a request for reconsideration. Your 10% is yours, they wont take that back, but reconsideration opens the claim again and then you can upload a statement into the EB site to show that you should be rated higher. Write a letter showing the mistakes made in the C&P exam and document where your medical records show that your condition is worse than what the examiner said. If you want to add more medical evidence then use RAMP. This is a very common problem with VA C&P exams. This info was already in the case file at the VA when they made my decision, it was the rating official that failed to account for facts contained in my case file when he rendered the decision. The new RAMP appeals are designed to let them catch these errors before they get to the BVA level. If you appeal for a higher rating, you will not lose the SC that was already awarded, so you cant lose that unless they find significant mistakes or fraud. You would have to get notice of an intent to decrease which you could also fight and appeal if you lose. At one point, the VA ratings held a 74% error rate, which means that 3 out of 4 claims had errors in the decision rendered at the RO (according to the American Legion).

RAMP is still a beta type program, its not set as permanent so things can still change. I know that it did mine quickly, and I won. The appeals should be starting in Sept (?) for ramp, but could be out to Jan/Feb if they dont have it together yet. It should kick in in 2019 as a permanent process and if you are in the beta program, you will get put in front of everyone for higher appeals according to the VA propaganda I read last May.

The NIH also can get you some of the peer reviewed journal articles on spine issues. What you have at the spine universe site is sufficient to introduce as common medical knowledge. I have used that before to provide a basis to show that C&P exams were Bull%#!t. First time they tried to say I was not qualified to diagnose myself, I countered w/statement that I didn't diagnose anything, only proved that the C&P examiner contradicted common med knowledge and could not be given credibility. I have a folder on my PC full of this stuff. (tell me its sane....)

Makes sense. The appeal will close, so DAV will be noticed if they represent you. Looks like they send out notification automatically like computer generated? The VA letter is the solid here, you will soon see a new claim for the RAMP in EB.

Give it a day or two. EB is not that reliable.

I am. I am rated 60% for LLE due to partial paralysis of the sciatic nerve, 10% on the RLE. No other nerves, but spine is SC @40% and every nerve comes from the spine. Scoliosis is included w/spine so anything that comes from that will be secondary (for the rest of my life).

My NOD--> RAMP took about 65 days +/- from 15 May 2018. It was originally 6 Sep 2018-15 Dec 2018 but closed 19 Jul 2018. Dont go by the EBenefits estimation, its never right. It sounds like the RAMP your Atty put part of you claim for the earlier effective date in should be done pretty fast.

Submit it all and ask for a reconsideration from the BVA. If your documents were in your CFile, they should approve it right off. If not, you can withdraw the reconsideration so you can appeal the BVA decision for an EED. Just watch the clock so you dont go past the deadline for the appeal.

If they find a condition when they are doing a C&P, they can award it automatically if they want. Dont appeal it, just apply for the increase. If there is no medical exam showing that an increase is justified in your file, you will not win an appeal. If there is, just ask for a reconsideration.

File for secondary conditions. If you have a NON VA PCP get them to write it into your medical records and get a copy to submit when you file the claim. It would be nice if the MD you go to noted an etiology that ties the knee and hip issues to your old injuries. Its more obvious than not though but if you give them 1 chance to screw ya over, they will jump in there with both feet. Secondary conditions are not as bad, just need an MD to pipe in and tie it together to make sure it flies. Any other secondary condition caused by knee and hip conditions can be claimed. If you have back pain just get a MD to tie that to your hip/knee condition and you can claim it.

40% is about as high as you can get in spine ratings unless your entire spine is frozen/cant move. Then its 50%, and if your neck is the same, it can get 100%. the 40% is 30 deg or less bending forward. Thats it. If you were bending to 45 deg, its 20% and beyone that its 10%, or 0 if you can bend all the way over and touch your toes without pain. Pain is a big player in this. Doctors dont prescribe weeks of bed rest for the pain anymore, that ended in the 90s, so the only real way they rate spine injury is how far you bend forward now. Min rating is 10% is they say its painful. I would rush to get a MD to fill out a new C&P exam for you to counter the other one if you can afford it. Generally most non-VA docs will do it or have thier PA do it for them, either way you would have an accurate exam to counter the flunkee that did your orig C&P. That's what I do when they give me the flunkee, I have a secondary insurance now (CHAMPVA) because my spouse is 100% P&T so a $150 exam and report costs only $38 which makes it better. I had a 4 lvl fusion from L3 to S1 in 2015, nerve damage to both legs because of it. I have 40% on spine, Left leg is 60% and right is 10. I fell several times and injured both shoulders (20% bilateral) now. Secondary conditions are service connectable. If your toes are numb, its 10% per leg. If you have much worse pain (sciatica) and numbness, its 20% each leg affected. Weakness pushes it up to moderately severe, which is 40%, and with atrophy noted in medical exams it goes to 60%. Loss of use or total paralysis is 80%, which is max for each leg no matter the cause. Legs are bilateral so you do the VA math and add 10%, just like shoulders and arms. Another issue is knee and hip arthritis, which may be tied to spine injuries as well. If you have any of these secondary conditions, put them in as a new claim, and get a new C&P done ASAP to counter the reduction if u can. The VA will likely combine them all and you could end up with an increase when its all done. Like Vync said, dont wait, your time is limited. Ask for a hearing also. If they compare previous exams, or you have new exam by the VA PCP that contradicts the C&P they are using, they may just drop the whole thing. Drop in and ask you VA PCP to check your spine, and while you are there, see if they have a goniometer to verify your condition.

Was there an existing claim in prior to the Vet's passing?