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You can do both. The squeaky wheel gets the grease. I have little faith in the WH hotline now (used to be effective). The IG may or may not pay attention, but the more folks that point out the fact that RO's do not read the evidence like this, the more likely they are to take it up. I think it gets to the point that if they have a hundred (+/-) complaints, it kind of throws up a red flag. Not really sure how many it takes to trigger them, but if we do not try, they will stand off or ignore it. So if its not broken, they won't try to fix it.

Go for the source of radiculopathy. Radiculopathy describes a range of symptoms produced by the pinching of a nerve root in the spinal column. The pinched nerve can occur at different areas along the spine (cervical, thoracic or lumbar). Did you have a history or injury of back trouble in Active Duty? Document that for this type of claim.

With VR&E, if they do not find that you are unemployable, they will (should) offer you CH31 rehab. Ch31 pays for everything, plus they gave me a stipend of around $1100/month that helped get through those years. I still have the laptop they gve me for school I got a 4 year psych degree from this. 3 months before I got the degree, the VARO found me 100% P&T. I was diagnosed w/ALS that same year, so I finished the degree and now I work with AA/NA locally and Vets. No regrets.

VA has to have specific info on Cervical spine disabilities to rate it. If the IMO and Surgeons statements you submitted did not contain all of the info they list on DBQ's, they will request the C&P to get those answers. Alternatively, if the info you submitted contained everything that is requested in the DBQ, the C&P would be unnecessary. IF the VA has acceptable clinical evidence sufficient to rate the issue, they should not request the C&P. Look at the new evidence you provided and compare that with the DBQ for cervical spines and you should be able to answer this question. The IG dinged the VBA for unnecessary C&P exams in 2018. If you suspect that the exam was duplicative and not needed, consider filing an IG report on this. VA needs to follow the rules, and reporting this type of issue would go a long way to get them to wise up and train their RO's to insure that C&P exams are actually necessary.

I think a lot of us feel the same. We need transparency and accurate info.

I did not see that an employers statement/form was required for TDIU. This issue is primarily based on the medical, not employment history. Employment history can be acquired through the SSA.gov website. If the previous employer is being a-holes and refuse to provide assistance, it does not preclude the VAs duty to assist. The Vet nor the VA has no authority over civilian sector entities like employers. If the decision letter denying benefits only states that one reason for denial, you should fight it. Study up on 38 CFR 4.16. Requirements for TDIU state nothing about opinions from previous employers, but instead, states: (38 CFR 4.16(a))"Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities..." M21-1R VIII.iv.3.C.1.e.  Considering Occupational History in IU Claims "Occupational history is a non-economic factor that must be considered in an IU determination. A Veteran’s occupational history is not determinative of the outcome of a claim for IU unless the Veteran is currently gainfully employed... " The duty to determine employability lies on the RO, NOT prior employers or occupational history. Reliance upon prior employers would be a hairy situation if the Vet were removed and there existed animosity between the two. In this case, refusing to provide the form for the Vet could well demonstrate animosity. The failure to fill out the form could also mean that they just don't care enough, and by law they cannot be compelled to provide this. I would get lay statements on this as new evidence for a supplemental claim. Lay statements on why you left your past employer by others you worked with like friends, as well as your family/spouse on what they their experience was watching you try to work and what they actually saw less any medical diagnosis (that they are not qualified to give). Also, talk to your primary, have them get a diagnosis for you on employability. Your primary can refer you for a functional capacity evaluation also. Note in a lay statement you provide with the supplemental claim the reason you no longer work as well (if this is not already part of the claim). Cite the CFR noted above, and point out that a form from previous employers are not a requirement for TDIU under the CFR. Good luck, Supplementals are finished much faster than Appeals. IMO this is your best route at this time.

That is what TDIU is for. The 70% rating was sufficient to prevent you from working and making a living. At this point, some of the things that would throw a monkey wrench into that would be if you took on a full time job making more than the base poverty level as noted by the Federal Government. At this point, that is $12880 currently. They monitor SS records as well as the IRS, so be aware.

One thing is the documents submitted with a claim. In va.gov it only shows that something was submitted, but EB showed the actual documents that could be read/downloaded. We can no longer insure that submitted evidence is actually what the RO has. Anything missed when documents get scanned into the system will not show up until the Vet gets a copy of the CFile after the claim is closed.

This is another area that the VA has dumbed down unfortunately. EB gave us access to a lot more information than VA.gov does. We lose more and more every time they "fix" the system.

Maybe a glitch in the software or the RO put in the info and hit the wrong button... Was there any change in your rating percentages? Check this on va.gov .

Taking into consideration medical professionals, the best way to go after them is to report the issues to the licensing board. The VA can hire a licensed professional in one State, and that license then becomes good for the entire nation. Any other professional is required to get licensure in every state they practice in. The complaints made to the boards are taken seriously and they do their own independent investigations. All complaints are entered into the professionals permanent record. That mark is left on record for life. We cannot sue the VA employee's, so they are protected, but we can let the rest of the world know about malpractice and the VA can do nothing to stop that.

I went to the Advocates office before. I laid out a very detailed and documented case of malpractice. In the end, they swept it under the rug. The head of the local VAMC was complicit and my trust in these issues is very limited. Even the IG limits the investigations, because they did not look where they were told the problem was, but only made a superficial check and took the word of the same folks who did the cover up to begin with. But I do think that the squeaky wheel gets the grease still. IG complains are monitored, and the more they get on the same subject matter, the more likely it is that they will open up the can of worms and expose the problem. This was the case in Phoenix with all the Vets complaints there. One or two of us howling at the moon will not make enough noise for them to do something, but a hundred complains in a year would have an impact.

Increases for SC conditions should be considered based on the severity. If you bump 10%, is it going to impact anything? Or, if you bump 40%, 60%? What is the impact of having 2 100% ratings? SMC's have a staging based on severity. The Government will compensate you for the loss of the ability to hold down a job and support yourself and family. This is the nature of the 100% disability. On top of that VR&E offers the Independent Living Program that puts you on a path helping you to enjoy life instead of being bored for the next 3 or 4 decades. Use it! SMC is because you suffered extreme injuries that the life you live is extremely limited (like housebound to a bed for life). Compensation for the worst of the worst gets close to 10K/month. So the increase's have a purpose. You need to figure out if the condition you are dealing with will achieve your purpose. On one hand, DIC for your loved ones is at stake, on the other, is the severity of your condition ever going to reflect the requirements for receiving SMC as established in CFR.

Alternatively, you know the specific requirements for 60%. Ask your primary care provider to put into your personal medical records specific wording that confirms the requirement. If they put it into the record that confirm "constant systemic therapy with (name the medication) for over 12 (or 36 or 48) months." Once you have this, submit a secondary claim with new evidence (new evidence = your new medical records confirming the above). This "should" get your increase.

Sounds like these were records that the government had, but were not present during the original claim. Then it is new and material evidence, and as noted under 38 CFR mentioned above, your original submission date in 1990 should be the date of the award. "(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim." Note that if the records were from a civilian Dr, this would not apply. Only records that were in the custody of the US Govt at the time of the original claim can get your effective date corrected.

In addition to the points made above, a big reason to claim secondary and/or other service connected conditions is because of the benefits that your dependents/spouse would need in case of your death. Suppose that you have XYZ condition. Secondary to that condition lets say is sleep apnea. Sleep apnea is linked to cardiovascular problems and pulmonary problems which can kill you. If you died from either and they were not SC, your dependents would be denied DIC. It would be a battle for them to get these conditions awarded posthumously. Sleep apnea, and related conditions included as secondary service connections is a basic step all vet's should be aware of. This may sound morbid, but it is just as basic as you would consider life insurance. We should not fear reprisal for legitimate claims.

Baby steps. The wheel only begins turning because someone spent the energy to move it.

Thank you Berta. I think this site has been good for me. If I can help people it keeps me from stewing in my own mess~!! I am gifted with a memory close to photographic (I have an Uncle with photographic memory). It helps a lot! I also do a lot on some ALS forums. The dumbing down of our access is detrimental because Vets can access the data and find out errors other Vets may have made in submissions. The less we can access this data, the more errors the VA will find, so it is to the VBA's benefit that this info is accessible. I also keep coming back to access. Vets access to the E-file and two way communication to and from the Vet and the RO also would be a huge step in getting claims right. We always confirm that a Vet is his/her own best advocate! But instead, the only way to communicate with a RO in reference to a claim is to go to a 3rd party who is literally swamped with so many claims that they cannot pay attention to them all effectively. And thank you for all the work you have done over the years. Without your help a lot of Vets would be doing without. The US Government should have some kind of medal to give to people like you! The hundreds of hours you spend every year helping Vets should be recognized.

Sample Lay Statement by Veteran. Direct and to the point. Do not miss anything. the first time out throw in everything found in your medical record that you were seen/treated for. Lay statements do not give any diagnosis, but does state what the doctor said to you about your condition, and how your experience can directly relay what it is and does. You are not limited to these specific attachments, so flight logs, lay statements from buddies that you with in combat, and family and friends can also provide eyewitness (testimony) lay statements about the condition the same as you who experienced the disability. Keep it short and sweet, but do not miss anything. After 2-3 pages, the RO may get bored. Hello folks at the VA Benefits Admin, The evidence that I have that proves service records/history is located in the attachment 1 on page 22 (see lines 12-64). Evidence of injury during active duty is on page 64 (see lines 3-20) in attachment 2. Evidence of nexus is in attachment 3, and evidence of the current condition is on pages xx, xx, xx, and xx of attachment 4. This is a summary of my experience with the pain and disability I personally have experienced due to this condition. This is a conclusion that summarizes my claim with specifics noting any primary and/or secondary issues, including aid and attendance or housebound, etc, etc... Signed by the good Veteran Citizen Attachments 1-military personnel records with DD214 2-active duty medical records 3-medical records and statement from Dr Good Guy on current condition and etiology 4-VA medical Records showing current condition 5 6 7... This can all be done on a PC or laptop and uploaded as evidence on Vets.gov . After that, take the entire thing to your local VBA in your local VAMC and get a signed receipt for the packet.

I saw this same thing this morning. They are restricting our ability to do topic searches with filters. That removes the ability to access the data because there are literally hundreds of thousands of decisions, if not millions. Expecting anyone to filter through that is non-sense. The effect will dumb down veterans ability to understand the paths to successfully develop their own claims.

First step would be getting your personnel and medical records from your active duty. This will be the tool you need to document that you were in Jump School, and any medical treatment you received for the injury. The biggest step here is documenting the injury in service. The nexus to a current condition and the Active Duty is the entire key to service connection so the next thing you want is current medical records that document what that injury is today. If you show your current provider the medical records from Active Duty and ask him/her to put an opinion on the etiology of your current condition in your medical records it will go a long way to make your case. When you do this ask your provider to avoid the use of worlds like might and could and instead use more than likely or less than likely.

Hi John, This is a tough issue. A lot of things are wrong at the VA, and most of us, like you, come to realize that there is little if anything that we can do to change it. They say the squeaky wheel gets the grease, but what can we do if they just take away the whole wheel? Just like they gave you the boot, it is a protectionist environment and has been for generations. The end result is that deep corruption can exist as you say. The best thing is detailed complaints going out to everyone like you appear to have done, but even then even congress critters are afraid to take it on. I have no answers, but I do understand what you are relaying here.

Hello Check into EBenefits web site or Vets.gov under your husbands account. Find the section in the top right hand corner with his name and select My VA from the dropdown. This page will show you all of the ratings your husband has. If he is getting paid 100%, it should say: 100% This rating doesn’t include any disabilities for your claims that are still in process. You can check the status of your disability claims or appeals with the Claim Status tool. You should also look at the letters that can be printed out from the same web site. Top of page, search for "letters" then open "Download VA Benefit Letters". From there you can get a letter in PDF format named "Benefit Summary and Service Verification letter" that will say if your husband is 100%, and if it is considered permanent and total. Your post states he was 100% TDIU which was permanent/total. This would mean that his actual rating was less than 100% but he qualified for it because he was unemployable from his disability. After that he was diagnosed with 2 more types of cancer which were connected, but reduced to 90%, not TDIU. This is where it is confusing, and the page I directed you to above should clear that up. IF it does not, let us know here please.

The lack of transparency in VA claims, to include appealing them, is frustrating. We know the problem. What we should be doing is deliberating how to bring about a solution.

What's really insulting is that VA could have hired a dozen programmers to code efficient software and saved hundreds of millions while retaining the power to adjust and fine tune the systems so they actually perform as they should. Instead, they hire 3rd party BS artists that "upgrade" stuff like vets.gov that drops a lot of accessibility to services and info that EBenefits had.