[Is The Va There To Help Vets With Their Claims?]

Hoppy,

Thanks for the info. Yes, that sounds a little like my back. But I hurt it in a jump accident 20 years ago and it hasn't stopped hurting since then. Late 2005 the pain (which had been increasing slowly over the decades) increased very sharply. 16 hours a day horizontal? That would be an unusually good day for me. I can take a shower, then I need to lay down for an hour or so. I can usually get breakfast made, then have to lay down. I'm barely functional as a human being at this point. The increase in pain was much sharper these last two years but it's been increasing for 20 years at a slower rate. I've had civilian tests and the doc said that my lower spine had collapsed. The rest of my spine, hips, etc. were in good shape. It was just where the army operated I had the problem and there was nothing he could do about that.

I'm in the process of filing for SS. I'll take your advice on the tests and let you know how it comes out.

Thanks.

John

[Suggestions On How To Proceed]

ANy good printout like this one can be attached to the TDIU form-

and refer to it under the Remarks part:

http://www.drugs.com/flexeril.html

The known side affects support exactly what you said . Good evidence to support both SSA claim and TDIU claim.

Berta,

Many thanks. I'll be digging into this as soon as the flexeril wears off and I'm conscious again. Any ideas on why my VFW rep didn't mention any of this?

John

[Is The Va There To Help Vets With Their Claims?]

John- is that 40% SC for the jump accident?

If you are in recliner for 20 hrs a day-you are obviously not working-???

Do the VA meds for pain have side affects that render you unable to work?

like do nit take and drive, causes confusion, drowsiness etc,

Has Voc Rehab ever turned you down saying your SC disability makes it unfeasible for you to be rehabbed for employment?

Do you get SSA disability benefits for this condition?

Have you ever applied for TDIU?

Berta,

It's actually 20% compensatable disability according to the VA. $505 a month. They claim that me walking 6 miles a day about 5 years ago and me being confined to a recliner today indicate "no change in status". Not kidding.

No, I'm not working. I'm trying to do come independant contracting in computer code but no income so far.

The VA has given me Flexeril which has the "side effect" of making me pass out for about 4 hours. I'm supposed to take 3 a day "in the event of pain".

No voc rehab referral.

Filing for SS now.

What is TDIU?

[Suggestions On How To Proceed]

Okay, the real world facts are I was injured in a jump accident in '85 and messed up my lower spine. Surgery, rehab, the works. No SC question about all this. The upshot was chronic pain that has gotten worse over the last 20 years resulting in my being unable to get out of a recliner long enough to hold a regular job.

Another real world fact is that the VA doesn't consider pain to be a problem for back injuries when it comes to rating for compensation. As a result I'm stuck at 20% compensation with no job and no prospects.

I've also been diagnosed and treated for depression and PTSD, both by the VA and both with a service connection but only after I left the service. My VFW rep seems to be reluctant to file on these claims but a fellow service member is telling me that's crazy, I should file for anything with a valid basis to it.

Thoughts, suggestions, experience? Which way should I go on this?

Thanks.

John Purser

[Is The Va There To Help Vets With Their Claims?]

Berta,

I agree with you in your appraisal of how it's supposed to be according to the founding documents of both the VA and the service organizations. However reading this board and looking at my own experience I think it's very different "where the rubber meets the road".

Just last week I had my VA primary care provider lie to me in order to avoid giving me a referral for depression. I like her. I think she wants to do well by me. But from what I've learned I'm pretty sure that there are times when I'm treated according to the needs of the VA and not the Vet. And if that applies to the meds I'm able to get do you think it applies to the rules for paperwork as well? I sure do.

I've got a SC back issue from a jump accident in '87. Do you know what CANNOT be considered part of my disability rating from this injury? How much pain I'm in. The fact that sheer pain keeps me in a recliner about 20 hours a day IS IRRELEVANT to the VA. Now, do you think that is in the best interest of serving the vet? And that's from the "Bible" of the VA. Cute huh?

My standing assumption today is that while no one is "out to get me" I have to face the fact that no one is primarily on my side either.

[How I Remanded My Claim And Won]

Sen Murray has been friendly to Veterans.

The lady I met was very intelligent, warm, friendly and had obviously heard this all before.

I'm just so frustrated at this point. Sorry if I appeared to be picking on the Senator in particular. I just can't figure out who in the world "wins" in this current system.

[Making Real Progress Now!]

Okay, in October I filed a claim to increase my disability level for my back as I'd been bed ridden for most of the last year which I think makes me a bit more than 20% disabled. In just three months I spoke with a very nice nurse's aide who scheduled me for a 2 hour torture session at the local xray facility.

Three months later I get a letter from the VA saying that since I could still do office work (from a bed apparently) my claim was denied. I filed a notice of disagreement through my rep with the VFW and was informed that it would take 10 months to hear back on that and then probably 2 more years awaiting the appeal. These times were from before the Iraq vets started flooding the system though so they might be on the sunny side.

I went to my Senator's office and spoke to the aide for veterans affairs. She assured me that while they couldn't actually change the outcome they could look into my case and in just two weeks they will be able to tell me where my case was two weeks before that. Now that's service!

I returned to my primary care provider at the VA and asked her what we could do about me not being able to work for the next three years. She lied to me about the Prozac I'm on and then put me on a pain killer which does have the one effect of making me pass out for about 4 hours. I'm to take 3 a day.

However out of all this I did get a referral to the "devices" department of physical therapy. There I received some actual material aid! A very nice young fellow gave me a rubber tip for my walking stick so the next time I came crawling in there I wouldn't scratch up their shiny floors. He also told me that he was going to order me a cane instead of the "big whupping stick" I was carrying and if it didn't show up in the next three months I was to let him know.

So, out of all that, no job, no income, no hope for three years, meds that knock me out, and a health care provider that lies I managed to get a rubber tip for my walking stick.

Just 6 months for that. I wonder how long 100% disability will take?

[Is The Va There To Help Vets With Their Claims?]

In my humble opinion the VA is there to administer VA rules and if a vet gets helped in the process then well and good. If on the other hand he gets killed then oh well the correct paperwork was filled out.

A friend of mine once told me "Purser, you wipe your own backside and you manage your own career for much the same reason." Crude but to the point. NO ONE is looking out for you. Even the service reps are there to follow the rules of their organization FIRST and help you second.

Lots of nice people in this system. You are the only one you can be sure is on your side.

[How I Remanded My Claim And Won]

I went and spoke to my senator's (Patty Murray) aide for veteran affairs in SW Washington today. She told me that because of my Senator's great empathy for me they'd be able to tell me what the status of my case was two weeks ago, in two weeks.

No, I'm not kidding.

I'm hoping the whole thing wasn't just a very painful waste of time.

[New Cause, Old Anger]

Back in 1987 I finally came to the realization that I had been medically diagnosed according to the needs of the army with the result being that I was going to be in pain the rest of my life. Further, there was nothing I could do about it. I can't begin to tell you what a betrayal that was for me. I didn't deal with it well. I ranted and raged for a while, drank heavily for nearly 20 years, and became quite bitter over it.

Now I've been in AA for a couple of years. I'm not the angry person I was and I won't go back there. And in order to avoid that I need to do something about this VA decision.

It's been 20 years since I was boarded out with "10% temporary disability" due to a back injury from a jump accident. About 6 years ago I got that upped to 20% permanent as the pain had been steadily increasing, shrinking my world. Last year, things got a lot worse. I spend about 90% of my day reclining now and have VERY short periods where I'm vertical or even fully sitting up. All this is due to back pain. My civilian doctor says my back is in great shape except for where the Army operated on it where it's a mess.

6 months ago I filed a claim to have my disability increased. Those were the rules as I understood them. I went as far as I could on my own and when things got worse I would report that and get my disability reassessed at that time. Well 6 years ago I was working full time and living a mostly normal if limited life in moderate pain. Today I'm completely disabled and in moderate to severe pain. And the VA just told me that I'm STILL 20% disabled.

This treatment is intolerable. I will not accept it for myself and I'd like to see what I can do to sure that no other vet ever faces this. That's why I'm on this site. Tomorrow I'll be in contact with my VFW rep (who's handling my paper work with the VA) to get his suggestions. I'd like to learn what I can on this site as well. Suggestions welcome.

I think I'll read a while. I need to get my mind off this for now.

John Matthew Purser