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AB2WK

Seaman
  • Posts

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About AB2WK

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Profile Information

  • Location
    Falconer,Ny
  • Interests
    amateur radio

Previous Fields

  • Service Connected Disability
    60%

AB2WK's Achievements

  1. I want to say a big thank you for the help and support the folks on hadit have given me. Today I received the brown envelope and was awarded IU -P/T and chapter 35 benefits. I'm still rated at 40% degenerative disk disease and 30% radiculopathy. In VA math that's 60% overall rating. It shows you can get IU with 60% under the right circumstances. I felt like giving up many times in the past 7 years it took to get this. So hang in there if you are fighting for your benefits. Eventually good things do happen! Thanks again, John
  2. 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.
  3. Independant living program is really a good deal if you can get into it. Within a couple of months of being accepted in the program I received a new dishwasher, computer, ham radio equipment and dental work through the VA. They do try and help you get things you can't afford and will help you out if you have any problems with health benefits. I give them an A++
  4. If Voc Rebah ever turned them down for Voc Rehab solely due to SC disability this is Prime FAcie evidence of TDIU- If one is un -vocrehabable-one is unemployable...................................................... I'm curious if this statement is enough to get approved for TDIU or P&T? I currently have a claim in ratings with a letter from my voc rehab worker saying I'm not eligable for voc rehab because of my service connected disability. As a result, I was put into independant living. I'm 60% rated for degenerative disk disease and 30% radiculopathy. Hopefully I'll get approved but I'll let you know when I get the decision. All I did to get the letter is ask my voc rehab worker. I don't see why they would be unwilling to help you especially since you can be more independent at 100% then you can at a lower rating. Good luck with you claim, John
  5. I was initially rated 20% for degenerative disk disease and filed an NOD. I let them know I was lowballed and my back was worth at least 40% and I was also diagnosed with radiculopathy. They ordered another c&p exam and gave me 40% for my back and 30%radiculopathy. VA math gives me a 60% rating. The EMG's I had over the past few years made all the difference. Good luck with your claim, all I know is that if you keep fighting them with good evidence you will eventually win.
  6. They did the same thing to me and it was pretty frustrating. I had more then enough evidence including records from the army saying I hurt my back. What really took the cake was they made a decision on the claim on Sept 26 and mailed it to me on Dec 24! Some Christmas present. But all it really did was piss me off enough to keep fighting them and I finally got up to 60%. I'm still waiting on a decision on IU so the game goes on. Hang in there, you wil win in the end.
  7. Thanks Berta, Right now I think the only way I'm going to get what I'm entitled to is through a lawyer. They won't get intimidated like a service officer would. It truly sickens me when a govt agency makes a mockery of the laws of this country. I hope someday some of these idiots spend some time in jail. Thanks for posting this.
  8. I was awarded 30% for radioculpathy a few weeks ago. My back pay only went back to the date when I had my c&p exam. They said it was the 1st time my condition was medically proven. I've been sending EMG's to them from 1981 showing radicuculpathy and I filed for benefits in 2002. They said the same thing last year when they raised my back from 20 to 40%. This isn't a mistake. Some low life thinks it's ok to steal money from vets and they are getting away with it. My service officer is going to try and fix it but I'm not holding my breath.
  9. I finally received the decision today. I was awarded 30% for radioculpathy for my left leg.They wouldn't give me anything for using a cane or wearing a brace because they said I wear that because of MS and not because of my back injury. I was also denied for aid and attendance because I didn't respond to some form they say they sent me on Dec 28 which I never received. They never sent a form in Dec because my file was in Washington for a star review according to thier own records. My rating is now 40% for degenerative disk disease and 30% for the secondary for a total of 60%. Are there any lawyers who represent vets in the Buffalo area?
  10. A buddy of mine has been complaining to his Dr about stomach pains. They sent him to Buffalo for a cat scan, but when he got there they said he wasn't scheduled for anything. They did a quick exam and sent him home. He went back the next day to the VA clinic in Dunkirk complaing of the same thing. They set up another CT scan in Buffalo and sent him home. The pain got so bad that he was rushed to WCA hospital in Jamestown. 2 hours after he got there his colon burst open due to severe impaction. He almost died from infection (sepsis) They rushed him into surgery and did what they could to fix it. The Dr at WCA refuses to transfer him to Buffalo because he is not stable. Since being admitted to WCA they found he has congestive heart failure, and diabetes. Is there a lawyer that will take on a case like this? Thanks, John
  11. Congrats on your win! Successfully taking on the VA and beating them at thier own game is something to be proud of.
  12. Here it is; Citation Nr: 0600049 Decision Date: 01/04/06 Archive Date: 01/19/06 DOCKET NO. 04-26 634 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for sciatica. 2. Entitlement to service connection for depression. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert A. Leaf, Counsel INTRODUCTION The veteran had active military service from January 1982 to May 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office that denied the benefits sought on appeal. A video conference hearing was held in June 2005 before the undersigned Veterans Law Judge of the Board. A transcript of the proceeding is of record. FINDINGS OF FACT 1. Sciatica cannot be dissociated from service-connected residuals of a lumbar spine injury. 2. Depression cannot be dissociated from service-connected residuals of a lumbar spine injury. CONCLUSIONS OF LAW 1. Sciatica is proximately due to or the result of service- connected residuals of a lumbar spine injury. 38 U.S.C.A. § 1110, 1131 (West 2002); 38 C.F.R. § 3.310 (2005). 2. Depression is proximately due to or the result of service-connected residuals of a lumbar spine injury. 38 U.S.C.A. § 1110, 1131 (West 2002); 38 C.F.R. § 3.310 (2005). ................................................................................ ................................................................................ . Competent, probative medical evidence demonstrates that sciatica, whether or not involving a demonstrable neurologic deficit, cannot be dissociated from service-connected residuals of a lumbar spine injury. There is no competent medical evidence controverting that conclusion. Service connection is warranted for sciatica as secondary to service- connected residuals of a lumbar spine injury. http://www.va.gov/vetapp06/files1/0600049.txt
  13. I remember reading recently that the BVA or a judge made a decision that if a vet has sciatica and a lower back problem it is to be presumed the sciatica came from the back injury. I'll try and find this - I know I read it recently. Does anyone else remember this?
  14. I inquired about the status of my claim through IRIS and they told me my file went for a star review. I called the 800 number and they said it's a review to make sure I get the proper rating. Does anyone know what this is? I did a search on it and there wasn't much there. Thanks, John
  15. Thanks for your replies, I will be filing this week. I hope you all have a great and prosporous new year. John
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