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AB2WK
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Posts posted by AB2WK
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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.
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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++
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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
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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.
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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.
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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.
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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.
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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?
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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
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Congrats on your win! Successfully taking on the VA and beating them at thier own game is something to be proud of.
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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.
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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?
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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
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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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I am presently getting 40% for degenerative disk disease and I have a claim for secondary conditions that has been in ratings since May. I was told I could file for unemployability but it would further delay the claim already in ratings. Should I wait for a rating decision or file now? Thanks, John
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When someone sitting behind a desk at Voc Rehab doesn't do thier job it affects a lot of people. They forget or just don't care that there are real people with families depending on them to do what they are getting paid to do. I was lucky by having some reallly caring people moving me through the system. I ended up in the independant living program since no one is going to hire someone with ms and osteoporosis. They helped me to develop my hobbies (ham radio) by getting some nice equipment for me to use. It sound like the guy you were dealing with was just some chump collecting a undeserved paycheck.
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I was using the NYDVA but they were giving me the wrong information. When I got my 20% last year the local rep in Jamestown told me that it was all I was going to get and he wouldn't file an appeal. I fired him right there and went to the Chautauqua county DVA. They are from the American Legion and he does a good job. He's the 1st rep that actually does his best to help any way he can. I had a C&P in May at Buffalo with that dr from India. His report got me raised to 40%. Then I had to see a nuerologist and she was great. She read my chart and told me she is giving me every secondary condition I had listed. (foot drop,left leg numb, medication effects and using a cane and ankle brace.) I bet the DRO didn't like that since they have been trying to get rid of me for 5 years and I'm wondering if that's the holdup. Thanks for the Phone numbers Berta, I'll give them a call and see what happens. Thanks for your help Paul and I hope you get paid quickly! John
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Latest reply from IRIS:
Response (Department of Veterans Affairs)11/26/2007 01:15 PM Good Afternoon Mr. Mueller:
Your pending claim is within our Rating board to date. We cannot predict when a decision will be rendered. Please keep the VA with your current address so you will be notified in a timely basis when a decision is rendered. You may call the VA at the below mentioned toll free telephone number if we can be of further assistance to you.
Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can help you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.
Sincerely,
Susan E Kloc
Veterans Service Center Mngr
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Paul,
I had a C&P last May in Buffalo and in August they raised my back from 20 to 40%. They told me that I would have a decision on the secondary conditions in a couple of weeks. My claim was filed in 2002. I haven't heard anything and all they tell me on the 800 number is it's in ratings. My car has been repo'd last week and I don't have enough money to give my kids christmas presents again this year. Is there someone I can call to get something done? I'm heard that if I call a congress or senator it will add 60 days to the waiting time. Not sure what to do anymore.
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Update: On August 31st I was increased from 20 to 40%. They gave me 3 months back pay and told me to wait until they finish rating my claim for secondary conditions before they straighten out back pay issues. They owe me back to my initial claim from 2002. My VA dr wrote them and told them I was unemployable, voc rehab also sent a letter that I was unemployable and informed them the federal govt won't even hire me! I was told I would have my rating in 2 to 4 weeks. Here we are almost 2 months later and no word from the VA. We are about to lose our car and be evicted from our home, my service rep put in for a hardship and still nothing. I haven't had an internet connection since August-it was shut off for nonpayment. My wife managed to get one from a different company until thier bill comes...... I applied for dependaent pay for my wife and kids in Sept and still nothing done. I'm so disgusted with these people that I contacted some local tv stations and newspaper in the Buffalo area. 1 tv news reporter called and wanted to know what was happening I told her and she couldn't believe what was going on. She said if my car gets repo'd or I get an eviction notice she'll set up an interview with me for broadcast. She sounded sincere so we'll see. My c&p was 6 months ago and I'm still waiting...........I figured I would update this thread and let you know what's going on. It's nice to be on the internet again.
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Steppinwolf-A friend of mine was prescribed pain meds and they took them away after he tested positive for weed. He is in a lot of pain and gets his meds off the street now. I'm sure he would jump at the chance to have a lawyer help him. Should I e-mail his name and address to you?
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That's great news for him and me. My c&p was May 15 in Buffalo so maybe I'll hear from them soon. I hope he didn't have to go through all the bs some of us have.
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I'm one of those "peacetime" vets. (76-77) I tell my kids nobody had the balls to mess with us when I was in.
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jbasser, I'll post the decision as soon as I get it. Hopefully it will help someone when all seems lost.
Berta, I was discharged in '77 so she is looking at the 7 yr presumption. I wish I lived closer to Buffalo so I could have her as my neuro. I'm still searching through files for a way to link it.
Finally - 100% Iu
in VA Disability Claims Research
Posted
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