dav_marine72

Dave, What I have been hearing at all levels, RO, BVA, U.S. court, etc. is that everyone is doing hardship, congress pushes, etc. So when it boils down to it everyone is really in the same long order. What is your BVA docket date? I had a BVA docket date of July 2006 and they made a decision on March 2008. I'm sure you don't want to hear this but I'm just being honest.

Hey Guys, Yeah I remember after my first back surgery there was no herniations left. Even though my L3-S1 were blown the VA awarded 20%. I fought for years to get what I deserved. Finally I'm TDIU but my life is miserable and my family is always stressed out. Papa feet problems can cause major back issues as they did to me. Do you have any SCs that you could try to secondary the back to? If not in my case I had three entries in medical records while in the Marines at boot camp about a back problem. Nothing for the next 4 years. Then I filed for service connection five years after being out. I had my surgeon write a letter stating he read all my military records and that based on my training, etc. my back could have been injured during the Marines. I then told the VA I always had back problems while in but in the Marines you suck it up hence why I never went to BAS. I also got a podiatrist to say that my service connected pes cavus feet could have caused my back problem.

Thanks Berta, Good points. I do have a SSA claim pending and my lawyer wants a copy of this decision to use with the Judge. I actually had my surgeon schedule me for an occupational therapist to evaluate me. She said they didn't usually send people for these except for workers comp. I told her I wanted it for SSA. She said she didn't have a problem scheduling me. Will this work in place of an IMO as long as the report is favorable to me?

One more thing. Under the reasons and basis for TDIU it does not say we consider this to be temporary based on the likelihood of improvement in the future. Nothing like that is said. Nothing is said either about this being permanent or the likelihood of my disability picture not changing in the future.

Hi Everyone, Finally received my award letter yesterday. Here is what they decided: A temporary evaluation of 100% was assigned effective month day, 2009 based on surgical or other treatment necessitating convalescence. A 40% evaluation is assigned from 3 months after surgery. Entitlement to special monthly compensation based on housebound criteria being met is granted during the 3-month convalescent leave period. Entitlement to individual unemployability is granted effective month date, 2009. This was the date I received the letter from the company I worked at stating since I could not return to work I was fired. There were some other increases that they denied for but I want to focus on the back and TDIU. I know what I need to do with those. Now mind the decision summary given to my SO was a little different. He had stated it said I was entitled to continue receiving SMC and my total monthly payout would be $3700 a month for the convalescent leave based on housebound and regular aid and attendance and then $3400 a month moving forward with some sort of SMC. He also said I was awarded P&T. He said there was a statement to the accord that my wife couldn't work based on the fact that she had to stay home and take care of our children who aren't in school yet and myself. Now they did include language under the TDIU award reasons that says "You experience episodes of your back locking up which requires your wife to stay home from work in order to care for you." Now let's go back to the temp 100% with SMC. They based this on my back being 100% and having mental (50%) and asthma (30%). They also state my surgeon ordered a 3 month convalescent leave period. This was flat out lie. My surgeon from the get go gave me a form that stated I was to be on no duty for six months after the surgery. This would only be important if I can't get SMC moving forward. If that's the case the VA should have put me on 100% back and SMC for six months and not three. It may seem trivial based on TDIU but it's about $900 to me. Right now waiting to go to the SS judge in 11 months, $900 is $900. Now on to TDIU. No verbiage on P&T. The award was based on my back (50%) and mental (50%) combined mostly it sounds. Although I have sc asthma (30%), sc lower extremity weakness (10%), sc right foot injury (10%), sc left foot injury (0%), sc chronic right testicle pain (0%), hypertension (0%), and eczema (0%). Mind you above my back (20%), chronic testicle pain (0%), left (0%) and right feet (10%) conditions were at the BVA in which they were all denied higher ratings and they awarded lower extremity weakness (10%) based on the neurological aspect of my back. The BVA's decision was just thrown out at the U.S. court and we will be going back to the BVA on remands. My asthma, hypertension, eczema, entitlement to service connection of GERD 2nd to all the pills I take for sc aliments and entitlement to service connection for erectile dysfunction 2nd to my spine condition are all on appeal at the RO. I'm 80% by the schedule and will likely get 100% on the schedule with 1-2 years. So that will be my 2nd 100% counting TDIU. I need P&T because I need to carry insurance for my family. I can't watch the kids and my wife going to work doesn't make sense because the daycare would cost more. I am paying for cobra now and since the economy took a dive my monthly payment is only $350. However, come February it will jump to $1100 a month. My wife and kids also deserve the education benefits based on having to deal with the VA and me. Game plan: I know I need to ask for P&T from the RO. What can I do increase the likelihood I get it? I am 37 and my back condition has been severe since 1997 so we are going on 13 years. I have had two failed surgeries including (L3-L4, L4-L5 discectomies and laminectomies, 2000) the latest (L3-S1 fusion with cages, rods, and screws, 2009). The surgeon thinks I will not get any pain relief from the surgery or I would have felt it already now that I am six months + post-op. He is recommending a spinal stimulator that I am not too keen on, giving my history with back surgeries. I have failed water PT, failed a spinal stimulator trail, failed nerve blocks, failed facet joint injections, had an exam done that showed unsymmetrical muscle groups in my lower extremities to include atrophy and muscle wasting from my sc L3-S1 condition, I have been prescribed a cane, I can’t sit for more than 5-10 minutes without getting nauseous and wanting to throw up, I can’t stand for more than 15 minutes, I can only walk so far, I can’t help out around the house at all, I can’t hold my kids or help with them, I can’t get dressed by myself most of the time, I’m on 3 Oxycontin 40mg and 3 roxicodone 30mg per day for my pain and they don’t work well. So what can I do to help get P&T? Am I missing anything here I should be getting, SMC, etc.? I would think I would meet the need for regular aid and attendance based on the fact that my wife has to take care of me. Some of the tasks they describe I can do myself sometimes but the reg states that to get it you don’t have to need someone to do all the daily tasks for you.

Hi Cowgirl, I was rated TDIU after the exam I talked about. I'm still in disbelief. They actually gave me SMC housebound which gives me an extra $300 a month. They also made me P&T because "the Veteran's wife can't work because she needs to stay home and take care of the Veteran and their children." (VA rater's quote) This is all true and I should be getting all of this however after ten years I feel like a VA rater is going to jump out of my closet and say were taking TDIU away from you................... I must have entered the twilight zone.

C&P man granted I was 70% when I started seeing outside professionals but I live rather close to the VA medical center. They haven't given me any problem about getting services under fee basis. The VA has chiropractors now so that is definitely a possibility for you. They all say if the VA can provide service you can't get it outside. I think it depends on your total SC and the feebasis office that you are apply to. I have never had any problems with them denying any outside service to me. All the services except maybe psychotherapy are offered at my closest VA medical center.

I was awarded TDIU P&T based on my back (50%) and my mental (50%) together. I have many other service connections including asthma (30%) which is the next highest rating, but the nurse practitioner examiner for my TDIU claim never answered the question was I unemployable (go figure). Here is what her expert opinion of my disabilities was: Asthma - mild to moderate functional loss Back - mild to moderate functional loss (tell this one to my wife and kids LOL) Lower extremity weakness (back) - subjective complaints of weakness - no functional loss or atrophy (good thing I had another spine doctor measure my lower muscle groups (calves, thighs, etc.) which showed they are unsymmetrical and have atrophy and muscle wasting due to my service connected back L3-S1) Chronic testicular pain - mild to moderate functional loss Hypertension - no functional loss Eczema - no functional loss They ordered a mental exam for TDIU and that examiner stated "it cannot be concluded to the extent that it is at least as likely as not that his mental health condition alone renders him to the point of unemployablility. It should be noted, however, that his back pain combined with anxiety / depressive symptoms and substance dependence, when viewed in total, are the cause of significant impairment." I'm still waiting for the award letter for more language but I know they quoted this exactly in the summary of the rating decision that my SO got.

C&P man is your combined service connection rating? I just got TDIU but when I was 70% fee basis would pay for my civilian therapist. The key is you can't use insurance if you have it and see the professional. Meaning you need to find out what the therapist would charge straight up no insurance. I get approved for my pain clinic, chiropractor, massage therapist, etc. I think you need to be 60% to ask. I was suprised they were so willing to pay for me to go to outside providers. Do you really want to role the dice with a VA therapist anyway????????????????

That's about what I thought. Thank god I just got 100%.

Anyone get a remand at the U.S. court lately? I had 4 SCs remanded including my back which should yield a hefty back pay since it goes back to 2000. My lawyer said the case will be sent back to the BVA and we have the choice of letting them make a new decision or having it sent back to the RO. My take is send it back to the RO. I'm going to have my lawyer stay with the case till the end. I'm tired of being blind and want her going after them and not me. Is this a top of the pile deal meaning six months or is it a bottom of the pile deal meaning 25 years????????? Any input would be appreciated.

Thank you as always Berta. Your dedication to this site and Veterans is commendable!

Thanks Teac very helpful!

Not your fault Jay. I did enjoy my service time and was proud to me a Marine most of the time. It's just being unable to work for the rest of my life at 37 after suffering from 12 years of chronic pain is tough to take.

John, I am SC pes cavus both feet and when they connected my back directly after being out for 5 years without a ton of back evidence during service the examiner stated or could have been my feet that caused my back to degenerate. I have had podiatrists write me letters, and many other medical professionals that now believe my feet caused my L3-S1 back problems. Go after it for 2nd all you need is a nexus letter. Even the VA podiatry people said my feet probably caused my back to degenerate. I had no injury, no trauma. All I did was run and hike up mountains in the Marines saying pain is weakness leaving the body. Then I get out at 23 and the MRI shows L3-S1 gone. They said my lower back looked like a 65 year old man doing hard labor his whole life. Let me know if you need any help. I'm TDIU you and have no problem working with you on this. I need something to do.

Cannon, This is the letter!

Does anyone have any experience with the housing grant? I am waiting on my award letter for TDIU P&T to come probably this week. I have intermittent paralysis in both lower extremities from service connected back. I was awarded 10% for lower extremity weakness at the BVA last year. That decision was vacated by the U.S. court based on the fact they should have rated dual lower extremity weakness because I have intermittent numbness in both legs, feet, etc. I have been prescribed a cane by my surgeon since March 2009. Here is how the eligability reads: The Specially Adapted Housing Grant is available to veterans or servicemembers who are entitled to compensation for permanent and total service-connected disability due to: a. The loss, or loss of use, of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. b. Blindness in both eyes having only light perception, plus loss or loss of use of one lower extremity. c. The loss, or loss of use, of one lower extremity together with (1) residuals of organic disease or injury, or (2) the loss or loss of use of one upper extremity. Item (1) and Item (2) above must so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. d. The loss, or loss of use, of both upper extremities, so as to preclude use of the arms at or above the elbows. e. The permanent and total disability is due to a severe burn injury (as so determined). It would seem to me I meet requirement number 1 based on my service connections and the cane prescription. Anyone try to get this before?

I agree with all. I'm 37 and just received TDIU P&T from my local RO. I have been fighting for 10 years to get a proper rating for my back and I just got that claim remanded at the U.S. court. basically because I was young and a Marine that didn't show pain they gave me 20% even though I had 3 discs totally gone. It took having my secondary mental condition going out of whack and being bumped to 50%, and a L3-S1 fusion which I figured was not going to work, based on my first surgery, to finally get TDIU. Now social security is the newest discriminator. They denied me twice and now I am waiting with a lawyer for a judge in 11 months. The SS guy even said on the phone you are so young how can you retire at your age. I said I'm disabled this has nothing to do with age. SS has a similar CFR where is the person meets the criteria for an aliment that age, education, and prior woprk experience can not be taken into consideration.

Hi Everyone, I probably will consult a vocational specialist just to close the deal. I want to see the award letter first LOL. It should be here early this week. It sounded like a solid award. I was actually in shock at what I was hearing. Some of the summary or whatever the SOs get to look at said Convalescent leave from March 2009 - July 2009 with SMC S1 TDIU from May 2009 - on , this award is permanent and total based on the fact that the Veteran can never work again and his spouse cannot work either because she has to stay home and take care of the Veteran and their small children. It had some other stuff I already knew about: My civilian psychologist saying I couldn't work. My VA psychiatrist said I couldn't work. The VA psychologist examiner said he didn't think my mental condition (50%) alone was enough to render me unemployable but when combined with my back (50%) I suffered from severe significant disability picture. My chiropractor / licensed physical therapist did a low level orthopedic and neurological back and leg exam which showed the muscles in my legs were unsymmetrical at four major muscle groups due to muscle wasting and atrophy caused by my severe L3-S1 disc issues, even after fusing (3-12-09) L3-S1 with titanium cages, rods and screws I see the patient as needing 2-3 years of intensive physical therapy before being able to tell if the surgery has helped the patient at all. My surgeon wrote I could only stand, sit, and or walk for 20 minutes in an 8 hour day, I could not lift anything because of my cain, prescribed me a cain for instability in both lower extremities, said I couldn't leave the house without assistance, I couldn't drive, I couldn't take public transportation. He said this would last for 1-2 years. They also recommended a spinal stimulator because I am at 6 months and the pain, numbness, and instability is worse now than before surgery. I failed water physical therapy and was not allowed to move on to the land program after my surgery. So lets see what the exact wording and award is and then we'll see what is needed. I only like sure bets, that's why dealing with this stuff is so stressful!

Did i say i wouldn't do it again? If so i must have been lost for a sec. I'm a hard core Marine. 12 years of chronic severe pain does a job on you.

Hi Berta, I got denied initially and then had my reconsideration denied. I saw a lawyer in between the 2 and he said it was 99.9 I would get it at the court and to do the reconsideration myself because I had done so much work. He said if they did deny that he would take my case. When I told him last week I got TDIU P&T he said you keep making my job easier. So he definitely wants a copy of the decision for the case. In CT it takes about 12 months to get in front of a judge. I have about 11 left. You know my case pretty well do you really think I need more ammo? I know it's always best to have more but I have a pretty extensive disability history and picture. I believe I was initially denied based on my age 37, and the fact I used to make over a 100k a year so my pay out a month will be $3500. I laid out my case for them just like the VA and matched my evidence to their list of impairments and even reminded them about the CFR which states if you meet the requirements for a disability impairment you are considered severely disabled and they can not take into consideration your age, education, or work history.

Hey Delta, Thanks for your advice below. I had been 70% for some time so dependents are all set. I was denied by SS twice and I have my appeal with a lawyer now. As far as 100% before 2009 I may get it based on the schedule anyway. I just had my back, right testicle pain, right and left feet remanded from the U.S. court with a 2000 appeal date. Since my mental and spine have been the same for the last 3 years or so I hope when the remand comes back I will get 100% back to at least 2007. I do see a pain clinic outside the VA. Since this L3-S1 fusion seems to not have worked and actually made me worse I have the spinal stimulator option. The pain clinic really only gives me narcotics. I am hoping now without the stress of work I can start doing holistic stuff like meditating, yoga, etc. I have been under so much stress the last three years to support my family. I worked 40-60 a week dying just to support them. Thanks for your words.

Hey Delta, Just when I thought one piece of the system had some integrity LOL. I was basing my statement on the NP who did my general exam saying she couldn't do a mental exam and the fact at the CT RO it's always the same PH.D examiner. I know because I have seen him 5 times LOL. Thanks for the clarification. Next we'll see that a VA janitor is qualified to give spine exams B)

Sorry for posting this here but it seems the majority of people are in this area. I just needed to let this out after finding out about my TDIU this week. Hadit Members, Americans, and Fat Cat Politicians, I cried this week more than I have in the last 2 years. I cried everyday for the last two years. I received TDIU P&T from the Veterans Administration this week after being embarrassed and denied by the Social Security (SS) administration. I guess I shouldn't be so mad at SS they have only caused me stress for six months. The VA has stressed me out for 14 years. It is hard enough for a Marine to break down and cry because the pain is so bad, but the mental stress is what puts you a step away from suicide. Whatever the condition is does not matter when it takes your whole life away from you and you become some kind of angry, depressed monster walking around in your old body. As if this wasn't bad enough you have to face the fact you can't pick your kids up. They were 1,2 and now 3 and 4. I can't pick them up because the pain is so severe that it makes me want to puke. I can't go a day without having multiple panics attacks where I feel like I am going to die. Thank you BVA for denying all my claims in March 2008. My family has gone through hell the last year and a half since you lost my evidence. Thank you RO for lying to my face at my hearing and then sticking it to me behind my back in your decision. I'm 37 and the last normal day I had was when I was 23. 24 years old and your life is gone. You turn to drugs, alcohol, anything to kill the pain, the guilt, the embarrassment, the anger. I loved hearing people tell me I didn't rate VA disability pay because I was working. Yes working and then coming home and taking my day out on my family or worse yet disappearing to the bedroom because you cant sit. This country has let me down. I can't believe I actually thought joining the Marines was patriotic and I was serving my country. Serving for what? So my family and I could be treated like this? So all these people writing on these forums could be treated like this? Now I get TDIU and it's all okay. No its not okay. You broke me and you can never take that back. Yet all I see on the TV is talk about socialism and health care, etc. How about the Veterans? I promise you VA; I will make you do your job effectively by helping any Veteran that asks me help them. I will continue to protest and fight the government until my ashes are spread out over a peaceful lake that has no agenda, no politics, no greed, no BS.

Speaking from a relatively young Devil Dog's perspective (Yes we are the Navy) in the 90s there wasn't shit. Being a wog as some other sailor talked about in here didn't seem too non-hazing for me. Let's not forgot the promotion gauntlet where any Marine your rank or above in your platoon got to try and dislocate your shoulders when picking up OFC and Lance Corporal. When picking up Corporal (1st NCO rank) an added pleasure was the charlie horse round. Being in Motor T when I got in the FMF which was 1st BN, 1st MAR, 1st MAR Div we had a huge log you had to run with up mount mother &ucker at Camp Horno on Pendleton.