cwatson

In response to why the VA's attorneys are first so many in number and why they are coming after the veteran who file a claim is simply answered by saying it is the VA's attorneys' job to come after us with all they can find against us, and it is easier to ignore some statements that we applied to be read and responded to. I only have one attorney assigned to my 1151 last year but I suspect that if more attorneys are needed then they can easily get more. The VAMC took an MRI of my lower spine after an x-ray and the MRI found more and a worse condition not seen in the x-ray, but the VA ignored the MRI reading and I still have had to fight for a higher rating for a Bulging disc at L5-S1 after an accident in the military. I am still fighting that I had an accident even though the DOD acknowledged two helicopter crashes, but the VA repeatedly calls me an aircraft mechanic while my military records list me as a crew chief. It is ridiculous after fifteen years that I have to argue to get the VA and the CAVC to look at my records, an award scratch off then my MOS and my records that say crew chief. CEW

I do apologize and I really cannot say too much because a lot of information is missing. I have first gone through similar situations with my conditions, but I continued to visit doctors and most importantly submit more and other opinions by me of what is and has been going on. I applied for TDIU in 2014 but the VA only granted me an IU in 2019. I did last year find an attorney or law firm but he wanted to be paid a percentage for the back pay and 100% awards just to correct the TDIU, an upgrade on my discharge and new claims and I did not want that so I dropped him and if I can give his name I will if asked. I had to sue the VA in the appeals court and I hope this statement is not a violation to the rules but it is a stage that some have to take because I too was going back and forth from the CVAC to the regional office excluding all of the facts. The VA stated that it could not accept one doctor's opinion because he had not given his opinion whether my condition was pre-existing when the board had never made that statement. I had to complain first that the board never made that statement then my next examiner also never gave an opinion about any pre-existing condition and I guess the VA got tired trying to find a doctor to give a negative opinion and they granted my claim, but the VA excluded my cervical claim. It is not easy as for me its been this time fourteen year since I filed in 2008. CEW

I was going to make a similar suggestion, except I would recommend a request for an increase because some information may be missing. I have experience acute migraines in the last three years after suffering migraines in the military fifty years ago and OTC meds will relieve mine but I read about others who suffer migraines often and on a much horrible level more than I as a former nurse could ever imagine a person could suffer. 50% is fairly high and if one can work then I would not expect a higher rating, but good luck. CEW

I have and am filing or pursuing other conditions after I was rated 100% because the other conditions are related to my other conditions. I would not take the time trying to pursue another condition that was not related as a secondary or otherwise because I am experiencing the VA trying to reduce my ratings but they cannot succeed because I have too many sources and proof.

Our body has a tendency to become accustomed to medications so that we have to notify the doctor if a medication is not working as well as it should but do not increase the dosage without the doctor's approval. Secondly our body changes so you may need another type of meds or a change in the dosage. I suffer with PN in my upper extremities worse than my lower because the VA rates my dominant arm higher than my left arm but they only add up to 50% together. Your heart surgery was apparently successful so it would not equal 100% either by itself.

First it is almost impossible to get a back date when we did not disagree or file an NOD only after a claim was filed. A military psychiatrist hand wrote a three page analysis about my mental status and requested that the military to discharge me. I have never had the time to read anything more than let me out in 1970. The CO refused and instead falsely claimed that I went AWOL every week for a year then he had me arrested. The psychiatrist wrote another request for the military to release me in 71 and I was after a Court Martial with a General Discharge that included all benefits. My PTSD was denied in 2009 but granted after an appeal in 2019. My effective was 2009 but I complained of how the VAMC doctors have diagnosed and treated me since 1972 and 2000-18. It is a fight but do not quit.

I agree that claims should not affect upon appeal claims still pending and I wish anyone well but I filed for pain in my lower spine in 1990. My claim was denied after I submitted the day the x-ray diagnosed me with a Degenerative condition. I refiled the claim in 2008 after a 2005 x-ray at a VAMC and after a 2007 MRI at another VAMC. My conditioned had worsened causing Sciatica in both feet and other neurological conditions from the Nerve Compression in my neck. I filed a new claim again in 2019 because the VA had not made a decision about my spine or the TDIU until December 2019. Now in 2020 the VA is addressing my TDIU and other conditions that I filed in 2012. My back and hips were filed first and then second prior to the other conditions so it was easier for the VA to relate the second and other conditions to my spine. It may be possible to relate the knee and hip to the back but it may be more difficult. Good luck.

The IBS is not in any way related to nor can be related to a AS condition. I know that working supports our family but I had to quit after I increased my education to make certain that I would or could do sedentary work management. AS just as many Rheumatic conditions only worsen the older we get and especially the longer we are physically active. I filed for TDIU because I had 90% and that increased my rating to 100%. Then I added SSDI twenty years ago as I am now 72 years old and I began to take better care of myself. Good Luck.

You were told if I am correct to send some forms to your doctor to give an opinion except you admit that you did not follow through. We cannot tell if you have been rated for any disability(ies). It sounds as if you are attempting to file that you cannot work (IU) or what. I would wait hiring an attorney and ask more questions and ascertain more information first.

In 2012 the Department of Education granted my T&P Disability Claim. I notified the VA. In 2014 the VA sent me a letter to inform me that had attempted to receive a response from the SSA of my SSDI in August deliberately waiting until August when the SSA had reclassified me at 67 as retired. Fortunately I had a copy of the SSA/SSDI letter dated 2012. All of this was for my TDIU claim. I notified Congress and they confirmed that the VA had received a 2012 SSA of my SSDI status. Now 2019 came and has gone and the VA still is telling me that my TDIU claim is still pending even though the VA has granted only my 100% mental and not my 90% physical rating as preventing me from working. The most recent 2020 VA documents does not list the SSA/SSDI letter. I am hiring an attorney because my patience has run out.

Revision does mean the same surgery performed again. There have been some unsuccessful total prosthetics made by two to three manufacturers causing for Americans to have to have the prosthetic's removed which is not the fault of the patient. The veteran should be able to request for the VA to pay him or her the 100% again because the regulation does not state that if the surgery is not successful then the veteran should suffer the consequences. I would fight as far or high as the VA or court allows for 100%.

While I was in the military I repeatedly visited the medical clinic for aggravated pain caused by working and the doctors gave me medications. I took so many medications that I suffered two hear murmurs. They stopped and my heart got better then I complained of pain so they started me back on medications until I was discharged early a year later. The contractors are a joke just to give the VA time to read our claims.

First by you having your previous company to write that you were terminated or laid off was very good of them since they knew that you are a disabled veteran. I agree that you should present a copy of the letter as it is even though adding why would help; such as because your back or pain in your back is interfering with your ability to perform the job as you are missing work. As indicated previously that you need to file for a TDIU and if you have not filed for SSDI then it would help to increase your income. and I I do not trust the VA because I was turned down for my back claim less than after discharge and I did not receive a dime until my third try in 2008. Get one of the VFW, DAV or others first before you waste your money on an attorney. This business here is better too. File for your claim now as the VA will schedule the exam or re-exam when they get ready whether you ask or not. Don't wait.

I agree with everyone except I read that we could receive only twelve months of 100% temporary benefits then it will reduce down to 50% regardless of how well things turn out because especially with fusion, one will be limited in bending. Fusion in L5-S1 is the worse there can be as it is the connection between the vertebrae and the sacrum especially if caused by an injury. If there are no other worsening cases with your other issues then nothing will change.