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John Purser

Second Class Petty Officers
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Posts posted by John Purser

  1. What about the psych records? Apparently you have a VA psychiatrist from what you have said.

    And, apparently he/she has diagnosed "depression".

    If so, your psych records should show at what level you suffer depression and also what your GAF score is (50 or lower will get you 70% disability most all the time, with a few exceptions).

    If your psychiatrist feels that your back problems are causing you an increase in your depression....then it sounds to me like you have a reasonable and caring psychiatrist that understands the relationship between pain and depression.

    I would do a sit-down with this psychiatrist and explain the facts. And tell 'em, "I can't work, I need you to simply state that I can't work, either due to the pain, or the depression, or both, and can you help me out."

    MDD (Major Depressive Disorder) is going to do it for you, and if you have such a diagnosis, then that is the route that I would travel, were I you.

    I've had three VA psychiatrists and been diagnosed with depression, PTSD, and bi-polar disease. The one I have now had no problem stating that the 20 years of pain and my current inability in move about was making my depression worse. I'll ask him about Major Depressive Disorder at my next appointment which is in January. Currently the meds he has me on make me pass out for the day. Not a viable solution IMHO.

  2. Have you accessed your VA Medical Records? Go to the Medical Records dept at the VAMC and request ALL of your medical records to include psych records. They'll have you sign a FOIA request and will print out the records to hand to you.

    No, I haven't done that. Boy that's going to take some printing! Okay, I'll get it done. What am I looking for in these medical records? Are psych records different from medical records?

  3. I can mostly support what rentalguy1 said but try physical therapy first and if it doesn't work try another therapist. IF you can make that work it's by far the best option.

    Look out for addiction issues with pain killers. Only time in my life I got stupid with pills was over my back.

    Muscle relaxers "work" for me by making me pass out. Not much of a practical treatment there IMHO.

  4. Hello. I've posted here before and followed the advice I've received. Now some things are coming together and I need to know how to take the next step.

    GOAL: TDIU

    PLAN: Apply for increased disability (20%) for the nerve damage to my leg while keeping the 40% for my back giving me 60% disability from one injury. And apply for disability due to depression. From the charts I've seen on here I seem to fit the 50% rating easily.

    REALITY: An Army jump accident 20 years ago screwed up my back and has left me with 20 years of worsening chronic pain and nerve damage as well as made my depression worse. Today I'm restricted to a recliner for about 16 to 20 hours a day. I lost my last job over 2 years ago and my inability to move about, sit up, and focus keeps me from earning a living or having much of a life at all. I'm currently living off the small amount of disability I get from the VA and bumming money from my girl friend and family. I've filed a claim for SSD but will have to wait until next April or so for the hearing.

    CURRENT VA DISABILITY: 40% for my back injury alone.

    VA DISABILITY CHANGES: At one point I had 20% for my back and 20% for the nerve damage to my right leg which has numbness, doesn't always do what I tell it to, and occasionally collapses a bit on me. After one attempt to increase my disability level the VA declared my leg "cured" and my back worsened to keep my disability the same. I had further tests done through the VA and the nerve damage was still there. Duh.

    REPRESENTATION: I'm doing this myself. My last two VFW representatives told me to pull absurd stunts, told me to file fraudulent claims, don't appear to understand the legal requirements for TDIU, and missed a deadline for filing a notice of disagreement. I can screw this up by myself and making office visits hurts so I'm dumping them.

    CURRENT EVENTS: I applied for a copy of my C-file about 7 months ago. There is a 9 month back log for copies of the file from the Seattle office so the wait should be about over if the back log hasn't gotten worse. I've FINALLY found a doctor who will prescribe bed rest for back pain (last three doctors refused to do so under any circumstances saying bed rest is not warranted for someone who's bed ridden with pain!) and if my new insurance will cover her clinic I'll be going back to her. Also my VA psychiatrist entered a case note saying that my back condition was making my depression worse.

    QUESTIONS:

    A) Should I wait for the copy of my C file to arrive before I do anything? This makes good sense to me but I hate waiting if I don't have to.

    B) Can I apply JUST for the additional disability for my leg and depression without throwing the back into it? I don't want to let them shuffle the percentages around again.

    C) Should I apply for TDIU at the same time I apply for the additional disability for my leg and depression or make that a separate claim after I get the results of the other claims? Right now I don't meet the legal requirements for TDIU (just the reality ones).

    D) What am I missing? Seriously, I think I've got a goal and a plan but if I've dropped the ball somewhere let me know.

    Thanks for the help.

  5. Chris,

    We could be twins except I came through Womak in 83-87. Today I'm laying in a chair 90% of the day due to chronic pain and dealing with depression. Haven't been able to work for a couple of years and the VA tells me that means I'm 40% disabled!

    Keep fighting. Hang around this site. I got more useful information here from one post than I did from two years of listening to my VSO.

    Good luck.

    John

  6. My Depression isn't officially service connected yet. Not sure how to proceed to get it connected. I asked about whether or not my 20 years of increasing pain, becoming a shut in, self treating pain with alcohol leading to alcoholism, etc. would in any way be related to my Depression. The answer I got was that since not EVERYBODY winds up with depression after a back injury there's nothing to link my depression to my service.

    This doesn't sound right to me.

    But in regards to depression right now my main concern is just getting some better treatments or coping skills. The VA doc had me on Prozac but I didn't really notice much of a difference. Then she put me on some additional meds that tore my stomach up without really changing anything else so I quit those too. Exercise helps the depression a lot but tears up the back of course. Tried therapy. Gave me some interesting life tools but nothing really directly applicable to Depression.

    Just feeling my way along here. I'm not constantly suffering. At least twice a month, sometimes as often as weekly, I crash big time. I've learned to feel it coming on, warn the girl friend, and then shut the hell up until I'm mostly over it. Usually just takes a day or to for the worst of it to pass. At least I limit the damage to me that way.

    John, I glanced over your posts here and feel for you. Glad to see you at Hadit and keep yer chin up.

    Are you currently SC for depression?

    My story, on a visit to VA php (flu shot time), intake interview asked 'are your or have you been depressed', a standard question. Stunned me somehow, said 'uh,,yes', got immediate consult.

    After a few visits, VA psych diagnosed years of depression re military service events. The diagnosis resulted in psych notes in VA med records. Hadit family helped w/stressors, what, when, and how to 'clearly' present for a much needed claim. A while later, % compensation and continued va care. (THANKS Hadit!).

    When va php, psych or any doc asks, my truthful response is Yes. Now its occasional counseling, some meds and continued compensation for chronic Major Depressive Disorder (MDD). Hard work but a good difference in being here for my family.

    Best to ya,

    cg (sc lumbar, d3, veins, etc..)

  7. William,

    First, didn't mean to say that alcoholism automatically means I CAN'T take stronger meds or that doing so is against the AA program. I'm just really careful about them. The only time in my life I got stupid with pills was when I was in the Army shortly after the back surgery blew out. I was taking 8 times the prescribed dose of Codeine and mixing it with lots of Alcohol and prescription sleeping pills so I could sleep at night. I stayed in a stoned fog until the Codeine ran out. Told my Army doc what I was doing and he said "That's not good" and wrote me another prescription for Codeine. I went home and flushed the pills. Haven't taken much stronger than aspirin since until I got the Tramedol for my back a year or so ago.

    I'm scared of how I handle most pain or sleeping pills now. That's not program, that's personal experience and I'd be a fool to forget it.

    I do take a flexeril once in a while when the pain just won't shut up. It doesn't directly affect the pain I think but it does make me pass out for a while. However it also makes me slow and stupid for at least 24 hours after I wake so I lose a couple of days whenever I take one. Not a good trade IMHO.

    Agreed on the doctors notes. I told one civilian doctor that my back was the single biggest medical issue I had and that it was destroying my life by confining me to a recliner. I went to him repeatedly and complained about the back every time and we agreed there was nothing he could do about it. 2 years later I moved and when my new doc got my last docs notes there was almost no mention of my back at all. Just one note saying he referred me to another doc for a consult. On paper, my back was just fine for those two years.

    Today I HAVE the MRI, the EMG (electronic nerve damage test. May have the acronym wrong), and the X-rays all showing back and nerve damage. But you can't "show" someone pain.

    I've been to the VA for depression. Going back again. No good for the depression and no use for the boards. I've tried the emergency room visits for pain but the last two times I had to leave before I was seen. I REALLY can't sit up that long. Just driving to the emergency room hurts and after an hour or so of waiting I have to leave. I've been seen about half the times I've gone to VA ER.

    I'm being seen by the local VA back clinic. They've told me to learn to tell "good pain" from "bad pain" and start enjoying "more pain". That's not working out so well. Going back to them soon but don't expect much better results. Last time they said they were going to order me a corsett which would in fact DAMAGE my back so I could only wear it for 15 minutes at a time. No one believes me when I tell these stories.

    Physical therapy made a HUGE difference when I first got out 20 years ago. But over the years it started causing more pain and finally got to the point where just trying those exercises put me down for days.

    Thanks for sharing your experience. I'm looking for anything that works that I haven't tried and hearing about someone else's experience really helps.

    John

    Though are circumstances are somewhat similar, my alcoholism has been in remission for sometime. However, i do receive for my pain Hydocodone, Methocarbamol,Prendisone,, and Ambien for Sleep. All prescribed by the VA with no Med. contract. My pain is somewhat tolerable, though i have had some incapcitating periods,over the past couple years. Funny thing is when i met my new PCP, he put in his notes that i like vanilla ice cream but never mentioned the incapacitating episodes that Ive had where family was flown in to take care of me, which i told him about. Sooo, you may be on too what i always believed to be, that VA Dr.s are not assisting with the claims process. Just my experience. You can tell the VA dr.'s anything u want but unless u have ER visits,Physical Therapy Sessions, Psych ward visits(depression from the pain), Independent Medical Opinions, Mri's, and etc,.Its alot tougher for them too award based on "your version" of lifestyle and events. Just this Vets experience. Peace, William
  8. Hoppy,

    I passed through "hard to believe" about 3 years ago. Now I'm just trying to stay away from homicidal rage, suicidal depression, and just crying from frustration.

    The surgery was 20 years ago in Walter Reed. I got better for about 6 months. It was a real miracle! Then one day I was going on duty and I sneezed. For the 20 years since I've experience chronic and increasing pain and for the last 5 it's been pretty much constant pain if I wasn't laying down. For the last 3 years the level of pain has hit a point where it's VERY difficult to do anything but deal with the pain. I get about a half hour of "good" time out of the chair at a time. Then about another half hour of useful but distracted by pain time where I can get stuff done but need to be able to move slowly, and sit a lot. Change positions, sit then stand, rub the back, flex it some (sometimes) and try to relieve the pain that's growing. I'm functioning but mostly working around the back. Then I need to hit the recliner. And I get one or two "long" periods like that a day normally. After that my back is pissed off and the pain comes faster. If I REALLY piss it off, take all the pain I can (say, clean the dog poop up in the small yard we have) or try to get out of the chair too many times then I'm probably gonna be down for 3 days or so with pain that doesn't even go away when I sleep.

    I'm on naprocin and tramedol for the back. I'm an alcoholic. Handing me some narcotics isn't the way to go.

    That's what I mean by 40% disabled in VA terms and not disabled AT ALL by SS terms.

    The line I get from the doctors is "Most people, if they're going to get better, get better with exercise. Bed rest leads to deterioration." And to a certain extent they're right. Muscles atrophy and that allows worse things to happen to the back. HOWEVER I'm clearly not "most people" and I'm being forced to use bed rest anyway and since this has continued at various levels for 20 years and been utterly disabling for 3 years I think we should kinda move past the "try to stay active" prescription. I can't do anything else. So by not prescribing bed rest they cover their asses and I get the bed rest any way. Win/win for them with the unfortunate side effect of me loosing.

    I've got the MRI showing damage, scar tissues, and arthritis to the back. I've got the EMG showing nerve damage. I've got the pain and numbness (can't prove those) and I've got the friends who testify that my condition has worsened drastically over last few years.

    And I've got $600 a month from the VA and nothing from SS. I'm waiting 9 months for a copy of my C file and 16 months for a SS trial.

    Thanks for passing on your story. It helps to hear from someone with much the same condition who got what I'm asking for. Sometimes I actually wind up questioning myself over whether or not I'm being reasonable since "everyone agrees" that I don't have anything coming.

    John

    John,

    It is hard for me to believe that if you had disc herniation diagnosed by MRI and are post surgical that the doctors would recommend activity that resulted in an increase of pain. I have read many BVA cases whereby bed rest was prescribed by treating doctors. Most the people I know with disc herniation are given heavy pain killers and bed rest.

    Like my case there are many instances wherby folks with disc herniation do recover with to some extent without surgery. There is a diagnosis called something like "failed surgery syndrome".

    I had to go to an administrative law judge with SS after an initial denial. My brother won SS first time through. My brother had an impingment of the spinal cord. I had a nerve root going into my left arm that was compressed.

    SS was very technical when I went through in 1993. My attorney would not take the case until I got an MRI and an EMG. She said that with these test verifying disc herniation that she could get me from being assessed by something called the GRID. The GRID is where they ask you about your activities. When I got the tests showing disc herniation and nerve injury I was not assesssed on the grid and was awarded SS due to the severe nature of the injury. I know that post surgical cases have there own requirements.

    It is not uncommon for doctors to not get involved. It sounds like the new clinic that is working with you is good progress. Definately get a lawyer if you have already been denied by SS.

  9. I had no problem getting a doctor to write a report that I can not engage in any work and advise me not to engage in any activity that increases my levels of pain. I had a diagnosis of disc herniation with ridiculapothy and was specifically advised by my doctor to seek social security disability. I know of several other people with similar disc problems who easily won Social security disability.

    At no time was I told that bed rest would cause my problem to get worse or inhibit my recovery. I told the doctors that every day of my life the only way I could control the pain was to be in the prone position 16 hours a day. On my daily activity report for SSD I wrote that I spent 16 hours a day in the prone position. I was awarded social security. The rest of the time I spent doing my shopping and light house work and preparing meals. I was in my early fifties when all this occurred.

    The VA rates disabilities on their own schedule. Learn there schedule and pay particular attention to the requirement that you have a prescription by a treating physician that you required six or more weeks of bedrest in the last year. I have read BVA cases where they asked the veteran one question. Did a doctor prescibe six or more weeks of bed rest. The Veteran said no and was denied an increase over the current 40% rating. There are other neurological symptoms that can get a high rating.

    The good news is that I now function much better and the pain levels have de-creased. Now all I have to worry about is the angioedema.

    Hoppy I've had 5 doctors now (2 civilian, 3 VA) refuse to prescribe, recommend, or even suggest bed rest even when I told them that was the ONLY thing that reduced my pain levels to tolerable. They could document the damage to my back, couldn't come up with anything to treat it, but absolutely refused to prescribe laying down. And like you, I spend about 16 hours MINIMUM in a recliner. I can't flatten out enough to lay down in a bed. This after back surgery and decades of chronic and increasing pain. I mean I didn't just dream up "back pain" yesterday you know? And my last civilian doctor refused to write a letter or get involved in any way with SS or VA paperwork. My last SS claim was turned down because "since you can still shop for groceries you're clearly not in pain. It's just stiffness." Not kidding.

    Glad your back is doing better. Life confined to a bed or chair SUCKS! My last "prescription" from my VA back specialist was "learn to tell good pain from bad pain and get more active". As a result I now have enough pain to make sleeping difficult and daily activities now start out in pain instead of building up to it. Sure hope this is "good" pain you know?

    I'm switching civilian doctors and specifically asked if this clinic would write up paperwork for SS. They will, but only after establishing a history which strikes me as ethical. Also I'm going back to the VA and hitting my primary care doc for pain treatment, back specialist for increased pain due to his last "prescription", and the psych for this depression which is just the cherry on top. And following up on a suggestion I got on this site I've applied for Voc Rehab from the VA. Not sure I'll qualify but I can ask. Either they come up with something I haven't thought of (could happen and I'd be DAMN glad to see it!) or maybe they'll admit I'm useless in this condition. I plan to see what the state offers as well.

    And I'm waiting for my court date for SS. Going to have to pay a lawyer 25% plus expenses but it's better than nothing. And I'm waiting 9 months for a copy of my C file from the VA so I can see what they've got in there.

    As always thank you and the rest for writing. Helps to know I'm not alone, others have made it, and I've got someone to talk to who understands this stuff.

    John

  10. Hang in there John! I was rated at 20% for a low back injury the VA calls degenerative disk disease. I got a lot of good advice from this board

    and it was raised to 40%. They still didn't look at the secondary conditions so I sent in another notice of disagreement and I got 30% for

    radiculopathy (pain in my left leg from the back injury) Have your Dr order an EMG if you don't already have one. Mine showed nerve damage

    which caused numbness and pain from the back injury. It was enough eveidence to get them to evaluate the secondary conditions. I also applied for

    Voc Rehab and was put in the independant living program. My case worker wrote a letter saying my service connected injury is too severe for any kind of

    meaningful employment. I applied for IU and was told yesterday it was waiting for approval and a decision should be mailed to me this week.

    Hopefully it's good news! But I was where you are with no money and 2 kids to feed and it gets pretty damn depressing. Hang in there and get as many

    medical records as you can to support your case. Depression can also be claimed as a secondary condition.

    I really appreciate news and information like this. It sounds like our cases have a lot in common.

    I was receiving 20% for my back and 20% for the nerve damage (numbness and pain). Then about two years ago I applied to up it as the pain was preventing me from working. They "changed" my award to 40% for the back and said the nerve damage "got better" so it was downgraded. Filed NOD and had the EMG which, son of a gun, showed nerve damage. STILL don't get that 20% for the nerve damage. My last MRI showed degenerative disk disease.

    I'm going to go the Voc Rehab route. I see it as win win. If I can get meaningful work that would be HUGE!!! But between the pain and the mood swings I'm not sure what that work would be.

    I'm luckier than I have any right to be. I've got a girl friend who supports me and my family can send me a little money. I've got a Springer Spaniel but no other dependents. I may be barely able to take care of myself but I CAN take care of myself. I'm luckier than many.

    Good luck on the TDIU. Let me know how the decision goes.

    John

  11. John, You need to do the following activity.

    Find an occupational specialist. Take your records, all of them, and have a complete history and examinatiuon done.

    Find a Doc with a legal background. They are out there. Once he puts it together, He will do it in a way where the VA and Social Security Administration cannot deny.

    Call a Social Security Attorney and ask them who they use for IME;s.http://www.freereferral.com/resume/C000494A.php

    They will tell you.

    J

    I'll look into it. Not sure how to go about finding an occupational therapist or a doctor with a legal background but those are the two areas I need to work together. I'll checkout the site. Thanks.

    John

  12. I've posted here before. My details are briefly:
    
    40% disability, service connected, parachute jump caused a back injury (herniated disk) in 1985. Surgery then a medical board out in '87 with "10% temporary" rating. Gradually increased rating as the pain rose to 40%. Today I can barely take care of myself due to back pain. Pain from the back injury keeps me in a recliner most of the day. I worked with the VFW for a couple of years before I realized they were just filing paperwork that legally couldn't be approved. Trying to fight it myself now. Can't afford a lawyer and senators all say "we'd like to help but we can't".

    John,

    How can you possibly sit in that recliner all the time and not be

    depressed. Aren't you about stark crazy from doing that?

    I am afraid I would be ready to climb the walls. Don't you

    have to take some anti-depressants ? I am afraid I would have

    to get some, if I wasn't already taking them.

    The Best to you.

    Betty

    Yeah it's a bitch. Especially when the weather is nice and I really want to get outdoors and go fishing. But believe the the pain will snap me back whenever I decide "it couldn't be THAT bad" and try to ignore it. Yes, it really does add to depression. Becomes something of a positive feedback situation.

  13. John P,

    To receive an increase in compensation benefits a claimant has to have Medical Evidence, statements from doctors, physical therapy, RX records, etc...

    You have a long road ahead of you.

    For now you could study to help understand what is needed to get an increase:

    Study parts 3 & 4 here:

    http://ecfr.gpoaccess.gov/cgi/t/text/text-.../38cfrv1_02.tpl

    Study everything here under Compensation & Pension 21

    http://www.warms.vba.va.gov/TOCindex.htm

    I don't know many claimants that do not want 100 % so at least your normal on that, lol.

    Hope this helps a vet.

    carlie

    Every resource I get helps. As does every affirmation that I'm not alone in this.

    Thanks to you and the rest for both.

  14. You need to get out to get an IMO. You also need your DOc to precribe bed rest or incapicitate you for long periods of time.

    This should increase you to 60 percent and Iu.

    Also ask for extra schedular consideration if your disabilities keep you from working.

    It is a long battle but you can win.

    J

    I agree on the bed rest. I found that rather bizarre test in the law. In essence, I can be judged incapacitated if a doctor orders me to bed often enough. HOWEVER getting a doctor to prescribe bed rest for someone whose bed ridden due to back pain is in my experience well nigh impossible! From the medical point of view it's malpractice. For most people activity is the best hope of dealing with back pain. Physical therapy helped me a lot when I first got out of the military. And activity helps depression as well. So standard medical practice is to take as much pain as you can and be as active as you can. That's my current "prescription" from the VA and my last two civilian doctors have refused to order bed rest. But without the prescription for bed rest I'm not incapacitated.

    It's a catch 22 in the law and it's caught me but good.

  15. I myself, would not "get" symptoms. Either u have them or u dont. I know from personal experience,that my depression is exaceberrated from my chronic back and neck problems.It could also be the reverse for some.(pain=depression) I dont believe any one here is even suggesting that you "get" them. I believe i read between the lines correctly. Please feel free to correct me, if wrong. Peace, William

    Again, I agree 100%. It was poorly worded as I said.

  16. If you last claim decision and NOD was after June 2007 you can hire a lawyer. They work based on getting 20% of your retro if and when you win your claim. Since you are asking for 100% that would give the lawyers an incentive to work your claim because they will get a nice paycheck. What immediately comes to mind is a claim for depression as secondary to the chronic pain syndrome you suffer due to the back injury.

    I was under the impression that I could not hire a lawyer and pay them based on a contingency fee? If I was wrong about that I'm looking for a lawyer TOMORROW! I need competent help and I need it NOW!

  17. John,

    You made a statement that you "need to get other symptoms...", I have to admit that bothers me. I have to ask, do you actually have these symptoms or are you just going to "get" them??

    Honestly is HUGE with filing claims. Have you been seeing a doc (either civilian or VA) since your initial rating on a regular basis? If so, those medical records would show your declining condition and be of a big help. If not, then that might be a problem.

    Take care,

    Sorry. Awkwardly worded. Honesty is a big deal for me as well and it's one of the reasons I'm no longer using the VFW. I did not suffer tinnitus from a jump injury! Did anyone else get REALLY out there advice from their service organization?

    My intention was to say that I need to get the VA to recognize these other symptoms as related to my back injury and start working on getting the maximum rating for them in order to qualify for TDIU.

    Sadly, I was seeing another doctor during the worst of the decline. I told him my back was my primary condition. He refered me to a specialist who said there was nothing to do so my doctor never recorded another word about my back condition because it wasn't treatable. Seeing a new doctor now. Having trouble finding one who doesn't just want to do a lab and push pills. None seem to understand pain or poverty.

  18. Hello,

    I've posted here before. My details are briefly:

    40% disability, service connected, parachute jump caused a back injury (herniated disk) in 1985. Surgery then a medical board out in '87 with "10% temporary" rating. Gradually increased rating as the pain rose to 40%. Today I can barely take care of myself due to back pain. Pain from the back injury keeps me in a recliner most of the day. I worked with the VFW for a couple of years before I realized they were just filing paperwork that legally couldn't be approved. Trying to fight it myself now. Can't afford a lawyer and senators all say "we'd like to help but we can't".

    From the law I see that my back can only be rated at 40% under it's current classification. Since I can't get the 60% minimum I need for TDIU from the one injury I need to get other symptoms (numbness, depression, weak leg, incontinence) related to the injury and file for disability for them until I hit at least 70% even by VA math.

    After reading advice on this site I asked for a copy of my "C" file a few months ago. Got a nice letter from the Seattle office telling me it would be AT LEAST next January or February before they get through the backlog and send me a copy. After my last disability exam I was given the same amount for the same thing but was denied disability for several other items, all written in medicalese, that I don't understand. I'm assuming the exam doc found categories for other issues.

    Questions:

    1) From what I've written does it sound like I've got the facts correct? Am I way the hell off somewhere? Deep down inside I just can't believe it "really" works this way.

    2) Does my general plan (claim everything and try to get it approved as a compensable disability related to service until I qualify for TDIU) sound like the way to go? Am I missing something? I "need" 100%. Honestly I can barely shop, cook, and care for myself today and that's directly related to my military service.

    3) Is there anything I can do outside of the VA that might affect the disability decision favorably? For instance, my SS lawyers suggested retraining via a State agency. If it works I can get a job and if my disability prevents it then we can take that to the judge as evidence of disability. Is there anything along those lines that might be persuasive for the VA?

    4) I'm sitting here waiting months to see my C file. Any suggestions on what I can be doing now?

    Thanks for the help.

    John Purser

  19. your max may be 60 percent and it may get you IU.

    The only thing you can do to get an increase is to have the required amount of incapicitating episodes or DR prscrinbed bed rest or time off of your feet.

    It can be done, but without that, It will be a long shot.

    J

    There's a "gotcha" here or so I found in my case. The only evidence of incapacitation the VA will accept is when a doctor orders bed rest for it. HOWEVER doctors don't order bed rest for back pain. So the only evidence the VA accepts requires you to have a doctor who's looking for a malpractice lawsuit. Cute huh?

    If anyone knows of a way around this PLEASE post it and let me know.

    John

  20. I've decided to pursue my own claim for disability. I'm using this site as my main guide. I've read about the importance of reviewing my "C file" or "VA Claims File". I've got a copy of form VA 3288 but I have a few questions on filling it out.

    1) What am I asking for? A "C File"? A "Claims File"? Will they know what I'm talking about?

    2) Where do I send this? My local VBA office in Seattle?

    3) The specific recommendation said to review my file at the VBA office, make corrections and additions, THEN ask for a copy. I'm starting off with a copy because my disability is back pain which prevents me from sitting up for extended periods. I get about a half hour to an hour at a desk then I'm shot. Is it reasonable to get a copy first, find errors and missing material, and then submit corrections?

    Sorry for having to ask such basic questions but I'm not finding the answers readily and mistakes have already cost me a couple of years of disability payments. I can't afford any more ignorance!

    Thanks,

    John Purser

  21. Thanks Tamara. I am also happy for you. How long did it take for them to contact you for your interview?

    J

    John,

    Congratulations. Go man go.

    Have you got a link to the steps you took? I'm a year into my fight with nothing to show for it but conflicting "judgments" and I'd like to see how I'm doing compared to the route you took.

    Thanks again for the good news. We all like to hear it's POSSIBLE if not easy.

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