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dav_marine72
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Posts posted by dav_marine72
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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.
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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)
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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.
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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.
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Hi Everyone,
I know people may think I am crazy but after receiving TDIU last week, an appeal win on 4 SCs that is 9 years retro at the U.S. court and SS 99% in 11 months, I don't know what to do. Prior this I was in the Marines, then the IT field. I did IT for 14 years, I became an Internet security expert, and I am finishing my B.S. online this semester. I love business and consulting. Now??? I can't work. I mean I couldn't work anyway because I can't sit. I have all the major industry security and TCP / IP networking certifications including:
Certified Check Point Security Expert
Certified Check Point Security Administrator
Certified Ethical Hacker
Certified Information Systems Auditor
Certified Information Systems Security Professional
Certified Cisco Network Associate
Microsoft Certified Systems Engineer 2000
Microsoft Certified Systems Engineer 4.0 + Internet
Microsoft Certified Systems Engineer 4.0
The only time I possibly can be productive is laying down in bed on pills with heat. I need something to do in retirement. I'd love to help Veterans get their benefits. I live in CT and get free schooling anyway because I assume I will be dropped from the vocational rehab program. That brings up another question. After I stopped working they enrolled me in the vocational rehab program, bought me a computer, printer, etc., and said they would pay for me to finish my BS degree this semester and then my MBA after that. They put me on an extended evaluation program to do this because I had applied for TDIU. So I would like to get a masters one way or another and I need to volunteer or so something in life.
I also need the flexability to stay in bed when I have a day with massive panic attacks and pain so bad I throw up. Anyone who is TDIU out there who is like me? I need something to do or I'll go crazy!!!!!!!!!
Yet I don't want the VA to screw with me and let me stay TDIU. I may get 100% schedule in the near future show I guess that would make it impossible for them to mess with me.
Just my SC briefing
Back ortho 40% increased with TDIU from 20% (just remanded from the U.S court (9 years)
Lower extremity weakness (2nd to back) 10% - thrown out by the U.S. court because they have rate both legs to give me a higher rating probably 40% and 40% instead of just 10%
Mental (2nd to back) 50% (just got increase to 50% 6 months ago)
Asthma 30% on appeal at RO for 60%
Right foot 10% (just remanded from the U.S court (9 years)
Left foot 0% (just remanded from the U.S court (9 years)
Chronic right testicle pain 0% (just remanded from the U.S court (9 years)
Eczema 0% on appeal at RO
High Blood Pressure 2nd to chronic pain (back) 0%
Residuals of an appendectomy 0%
Erectile Dysfunction - do to back and mental pills - denied - on appeal at RO
GERD - due to 10+ meds a day I take and stress - denied - on appeal at RO
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Thanks everyone. I actually have my back, chronic right testicle pain, right and left foot coming back from the U.S. court as a remand. I expect to be 100% schedule when all is done in addition to TDIU. I am right there with you I will start a government screw with me account. Believe me I'd become a major thorn for these guys if they try. I have studied VA law for 10 years and plan to stay abreast to the field. I want to try and see if I can volunteer for a service organizations doing research from home. If I'm on my bed with heat, an oxi, a roxi, an ativan, buspar, and zoloft I tend to think better. LOL. Now that I am medically retiring me speak no English.
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Thanks for your input. I'm 50% back and 50% mental which are the two main reasons I got TDIU. I think it was more physical based on the fact I can't sit for more than a few minutes without feeling sick. I also have 30% Asthma, 10% right foot, and 5 0%s. Thanks again.
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Oh yes my friend I don't know what you did in service but I hiked and ran like hell in the Corps. Never knew I had Pes Cavus and then when I get out a DR says you know your L5-S1 are probably blown due to your feet not taking the shock of the training you did. My service connection letter from the VA examiner actually states direct service connection and also could be 2nd to SC feet!!!!!!!
Go get them brother.
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Cannon,
Are you service connected for your back? If not try 2nd to your flat feet. I have pes canvus which caused me to break both feet in the corps. I ended up with direct back connection but had evidence to back up the 2nd to feet connection also.
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Can the VA ever take away my 100% TDIU P&T?
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Hi Cannoncocker,
I just got TDIU for my back (50% currently). I filed for and was service connected in 2000. Everyone said there was no way it could happen because I filed 5 years out of service and didn't have enough in my service records. My service time was 1991-1995. I have a letter from a surgeon and a podiatrist I asked to write to help my claim. If you'd like to see them I will send offline. I also had 2 IMO done but they were for increases. I'll share them to if you like. Granted I went after service connection as direct and 2nd to my service connected feet. Let me know.
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Hi Rock,
I fully understand the BS about NPs. For years I have complained about my back being examined by a NP. I was rated 20% in 2000 for 3 blown discs with sciatica in both legs. I finally had this decision over turned at the U.S. court after the BVA decided to give me 10% for neurological symptoms in my lower extremities. Don't you love how they group both my legs which should be rated separately under this as just one group.
In my case I was lucky to have worked for 14 years prior to March 2009. My back and mental issues now preclude me from working. Along the way because I had insurance I had letters written by podiatrists, neurosurgeons, orthopedic surgeons, psychiatrists, psychotherapists, and chiropractors. To be quite honest until I just won my case at the U.S. court for my back, testicle, right and left foot no weight has been put on these letters. I even paid Dr. Bash $3000 for two separate letters for my back, testicle pain, and high blood pressure. Not only did the RO discredit his IMOs, the BVA never even mentioned them. Every decision I have had made was based on VA personnel.
Luckily I had a VA examiner service connect my back in 2000. I got out of the Marines in 1995 and problems started in 1997. I have service connected feet that broke in service hence giving a nexus for the back but the examiner still stated he thought it was mainly just the abuse the Marine Corps puts on our bodies. Most recently I just received TDIU permanent and total and mind you we have not received the letter yet but my service officer from the American legion read me over the phone some of the verbiage the RO used in their decision. They seemed to base the most weight on a VA mental health examiner. He stated that my mental condition as a whole was not as least as likely the cause of me not being able to work but when combined with my service connected back they produced a significant disability picture as a whole.
Where I am going with this is even though I got letter after letter and IMOs they did nothing for me. I went from 10% in 96 to 80% in 2008 to 100% TDIU P&T in 2009. I also was denied GERD on this same claim. I had asked my NP to fill out my nexus letter because she herself had said she thought it was from all the medications I am on and she said that's not my job it's comp and pens.
The VA and your conditions are putting stress on you as a whole. I would file a claim if you have not yet for adjustment disorder. If you can get the mental service connected you have a better chance of getting the combined rating you deserve.
It's a long road but just keep appealing and fighting. They denied my mental claim 2 times before connecting me. Then they gave me 30% and I appealed that. I'm a man that doesn't show emotions easily so I finally said screw it. I had another exam with the same psychologist and this time I poured it on. Now mind you none of what i did was lies or untrue, I just showed him what I truly face on a daily basis. I told him I drink 4-5 beers a day and smoke weed along with my 3 oxys, 3 roxis, 3 ativans, 6 buspars, a sleeping pill, and the max 200mg of Zoloft. He looked at me and was like how are you conscious after doing this? LOL. Then I told him oh yeah I drive after I do all of this as well. I started crying like I do everyday because of this chronic pain and the fact I'm 37 and my life is gone as I know it. Next thing you know his report was loaded with everything the RO needs to see. So I get bumped to 50%.
Once I filed TDIU they have to schedule you for an exam that looks at all your service connections. The mental health exam has to be by a mental health PH.D and of course a general exam by the wonderful nurse practitioners. The only reason I got TDIU 6 months after asking for it I believe was the mental health PH.D's statement earlier in my post (They seemed to base the most weight on a VA mental health examiner. He stated that my mental condition as a whole was not as least as likely the cause of me not being able to work but when combined with my service connected back they produced a significant disability picture as a whole.)
Morale of the story here, mental health is still directed by the VA to have you examined by a true PH.D mental health professional. I want to make sure you understand that I am seriously disabled and have been for years. I'm 50% mental, 50% back (2 surgeries), 30% asthma, 10% right foot, 0% left foot, 0% high blood pressure, 0% chronic right testicle pain, 0% eczema, and 0% residuals of an appendectomy. I don't know your history or severity of conditions. However, I believe anyone that deals with the VA for disability should immediately be granted a minimum of 10% for stress <_<
I just wanted to share my story as a possible way for you to get what you deserve.
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Hi Jim,
I have been fighting the VA since 1996. I started out with 10% and just received 100% TDIU P&T. With me my back 50% and mental 50% have been the main aliments although I have 9 total service connections. My back and mental have gotten worse over the last 3-4 years. I ended up having my 2nd surgery L3-S1 fusion in March 2009. I filed for TDIU not too long after that. I just got word yesterday from my SO that I got the TDIU P&T. So in my case it was six months from applying to getting TDIU. Granted all our cases are different but that was my time line. I'm out of the Hartford CT RO by the way.
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Thanks for everyone's input. Luckily the RO sent my U.S. court lawyer two copies of my C file 6 months ago when she took my case. She sent me one. The worry I have is to copy it would be insane. The box weighs 45lbs. I went to Kinkos and they said $800 to put it on CD ROM. What kills me is that SS had all the same evidence the VA did to make this claim. SS discriminated againist me because I am 37, have a BS, and have been in IT for 14 years averaging 100K a year. The first conversation I had they told me your too young to be disabled for life. I said what does that have to do with it. I already have a lawyer and he said it's a win win case. It just sucks having to go 11 more months.
Thanks everyone.
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Berta,
Thanks as always. I can't tell you how much I appreciate you being on here. You are always thinking of others first. I commend you for that!
I didn't know I would get SMC with the TDIU. My AL rep told me I'd get $3400 a month and I calculated $3080. That's with a wife and three kids. I guess it makes sense now he was calculating in the SMC.
Cowgirl - Thank you as always. You are kind and motivate many people on this site. You too should pat yourself on the back.
I am actually in shock. After fighting the VA for 9 years to get to 80% and then having all my issues get remanded at the U.S. court 2 weeks ago was enough to make me say I'm not nuts I deserve these benefits.
I just can't believe the VA would actually give me something I deserve even after social security gave me the shaft. My wife and I were about to get divorced from fighting over money.
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Hi Everyone,
After getting turned down by social security twice I figured I couldn't wait the 1 year for the appeal because I needed money. I did appeal the case anyway because I haven't gone back to work as of yet. I had been waiting for my convalescent leave since March for my service connected back. I had filed for TDIU because this was my second surgery and I had a 3 level fusion done with cages, etc. So I start interviewing for positions. I have doubts I can even last an 8 hour day. I can't sit for more than 5-10 minutes without getting nauseous. I worked in the computer field for 14 years after 4 years in the Marines. Mind you prior to today my back from 20% ortho and 10 neuro. I worked the last 2-3 years taking oxycotins 3 times a day with ativan and buspar just to make it through. Once at home I needed to lat down and do nothing. I couldn't even pick my small children up. I was losing sleep, crying, and having anxiety / panic attacks for the last 6 years. Anyway to make a long story as short as I can I am service connected for the following:
Chronic Back Condition (since 1997) 20% ortho 10% neuro -------------- Just got a remand at the U.S. court
Mental (2nd to back) 50%
Asthma 30% on appeal for 60%
Right Foot 10% -------------- Just got a remand at the U.S. court
Left Foot 0% -------------- Just got a remand at the U.S. court
Chronic Right Testicle Pain (from the back) 0% -------------- Just got a remand at the U.S. court
High Blood Pressure (2nd to back) 0%
Eczema 0%
Appendectomy 0%
Total 80%
Gerd (2nd to service connected aliments) denied on appeal
Erectile Dysfunction (2nd to back) denied on appeal
I think that's all LOL.
So I'm scared I won't make it all day at work because I am still in unbelievable pain, get nausea sitting for more than 5-10 minutes and have massive multiple panic attacks. I also scream at my wife and kids when I have to do something that requires me to be standing or sitting. So my American Legion rep calls me today. We don't have the final letter yet but here was the local ROs decision:
March 12 (date of latest surgery) - July 12 2009 100% temp convalescent leave + S1 housebound status ???????????
May 8 2009 on - Total and Permanent disability with dependent benefits.
They denied me on an increase for high blood pressure, eczema, and service connection for gerd and erectile dysfunction. Now even though they stated in all correspondence about these issues that they could not change my back rating because it was under the courts jurisdiction they increased my back to 40% ortho. I don't get that one but hey its the VA right.
Here are my questions. My AL rep said it was unusual for the RO to give me total and permanent off the bat as this was my first time asking for TDIU. Is this true? What dependent or veteran benefits am I entitled to now? Does this mean they can never change my 100% rating????????? Will this help with my social security claim? My surgeon initally gave me a work status of no work what so ever from March 12 2009 - September 12 2009. The RO only gave me 4 months of convalescent leave March 12 2009 - July 2009. The reason I care is they gave me the housebound special monthy compensation which I never knew I rated and it was like $363 a month. So if I can get more convalescent leave I should get the SMC too right?
If anyone has experience with this please advise.
Thank you in advance.
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Yes I claimed loss of a special reproductive organ already at the RO for erectile dysfunction based on my back. I'm sure they will send me to new exams.
The good thing is that I have a claim for TDIU at the regional office outstanding and I had a recent back exam. They used to always rate me 20% because I could bend. On the latest exam I could only do 0-0, 0-10, 0-10, 0-0. I also have been prescribed a cane by my surgeon and told I can't lift anything, leave the house without assistance, take public transportation, sit, stand, or walk more than 40 minutes per an 8 hour day for the next 1-2 years.
I had another civilian back specialist do a low level back exam. He measured my leg muscles and four groups were not symmetric showing atrophy. He also did the reflex test which I pass with the VA because they do one hit. He did one hit it worked then every hit after it decreased until hit 5 when the reflexes went dead. That was the norm on almost every reflex. He mapped it all back over to my fused L3-S1 nerve roots. He also said I needed 1-2 years of significant rehab and that I was significantly impaired. That even with my 3 level fusion surgery I have multi-level lumbar intervertbral disc syndrome conditions with clear cut neuropathy changes of pain, significant lower extremity muscle weakness which he diagnosed first in August 2007 and there have been no changes on this exam on May 26, 2009.
Continuing monthly medical records from my pain clinic I have been at since 2006, which show I am on 3 30mg Oxycodones and 3 40mg Oxycontins per day.
I had my VA psychiatrist say I shouldn't be working based on my pain, all the drugs I am on, and my problems remembering and with authority.
The VA mental examiner said he couldn't say that my mental problem made me unemployable alone. however, my back pain combined with my anxiety / depressive symptoms and substance dependence when viewed in total, are the cause of my significant impairment.
My civilian psychotherapist said "I believe his disabilities have resulted in a significant impairment on his ability to hold a job. He frequently spoke of how difficult and frustrating it was to function effectively at his job while in pain. In addition, he has had to manage acute anxiety and guilt because of the significant amount of time he has been out sick trying to manage his pain. Moreover, the stress of trying to hold a job and balance the responsibilities of his home life, while in acute pain, has been a source of great anxiety and stress."
None of this evidence has been viewed by anyone for the purposes of rating my back. It's only been viewed for my pending TDIU claim.
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Hi Commander Bob,
I'm waiting to hear from my attorney where it is going but it will either be the BVA, the RO, or the Appeals Management Center. I'd rather have the appeals management center personally because the RO and BVA have screwed my claims up over and over.
As far as the remand go my left and right feet were service connected in 95 after I left the Marines. I did 4 years and got honorably discharged. I broke my right foot in boot camp and my left in Marine combat training. They now believe because I have high arch feet that all the stress of humping and running up the mountains of Camp Pendleton went to my lower back instead of my feet. So when I got out in 95 they gave me 10% for my right and 0% for my left foot. I also received 0% for asthma which I developed in service. At the time it didn't seem like a big deal because I could lift and run and life was good. Oh they also connected me for a chronic prostate infection which really is chronic testicle pain.
So in 1997 my back went out and I had an MRI done. It showed that my three lower levels were basically spent. So I tried everything for the next 3 years to cure my back. Everything failed including a surgery in 2000 on my L3-4 and L4-5 discs. At that point I went after the VA. Everyone said it's been too long you'll never get service connected for it. I also filed for an increase for the testicle pain and my right and left feet. I had a foot surgeon wanting to operate on me at the time because he said every time I walk I make my back worse. I declined because of the failed back surgery. Anyway they service connected me for my back at 20%. They denied the increases for my feet and gave me a new service connection for my chronic testicular pain and rated me 0%. I appealed and went to a DRO. I then started to have panic and anxiety attacks from the severe pain in my back. So I went after a mental claim secondary to my back. I also had high blood pressure ever since the back pain started. I had a DRO hearing in 2004 and she said oh it sounds like they went out of their way to rate you the lowest possible rating for everything. These 4 items ended up at the BVA.
In between I was service connected for the mental adjustment disorder for 30% secondary to the back, hypertension 0% secondary to the back, and ezema 0%. Since then my adjustment disorder went up to 50% and the HBP and Ezema went to 10%. The BVA pretty much ignored all my evidence inclduing 2 independent medical evaluations for my back and testicle pain. They did open the flood gate and gave me 10% for a neurological condition of my back. Well both my legs are in constant pain and have numbness, etc. So right there they should have rated both legs some %. They also had in their possession all of my treatments, chiropractors, pain clinics, injections, nerve blocks, vicoden, perocet, and Oxycontin. All of this and they never rated me higher than 20 and 10 for the back. Needless to say I wasn't suprised when the remands came back.
Hopefully someone will finally rate me correctly. I am already 80% so I have a chance at getting 100% schedular.
Here was the memo that got my issues remanded without having to go in front of a judge:
The Court issued an order on August 4, 2009, in which it scheduled a pre-briefing conference in the subject appeal for September 1, 2009. The order requires the undersigned to submit a summary of the issues Appellant (“Mr. Doe” or “Veteran”) intends to raise on appeal, along with citations to the relevant authorities and the record. This memorandum responds to the Court’s order.
On March 14, 2008, the Board of Veterans’ Appeals (“Board”) issued a decision denying Mr. Riordan entitlement to an initial rating in excess of 20 percent for a back disability, involving lumbar strain and degenerative disk disease; to a compensable rating for residuals of a fracture, left 3rd metatarsal; to a rating in excess of 10 percent for residuals of a fracture, right 3rd metatarsal; and to a compensable initial rating for a disability manifested by chronic testicular and groin pain. Set forth below is a summary of the Board’s errors we intend to argue to the Court. In sum, we believe Mr. Doe's case should be remanded to the Board for further adjudication and are amenable to a Joint Motion for Remand.
Issue 1: Entitlement to an initial rating in excess of 20 percent for a back disability, involving lumbar strain and degenerative disk disease.
The Secretary’s statutory “duty to assist” requires the secretary to "make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim for a benefit under a law administered by the Secretary." 38 U.S.C. § 5103A. To satisfy this statutory duty, the Secretary must provide an adequate examination if it is necessary to decide the claim. 38 U.S.C. § 5103A(d)(1); see 38 C.F.R. § 3.159© (2008). An adequate medical examination is a “thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one.” Green v. Derwinski, 1 Vet.App. 121, 124 (1991). If an examination report does not contain sufficient detail, the Secretary must “return the report as inadequate for evaluation purposes.” 38 C.F.R. § 4.2 (2008); see Bowling v. Principi, 15 Vet.App. 1, 12 (2001).
Voluminous evidence of record raised the issue of functional impairment. R. 1362-1475, 1525, 1640-1646, 1656-1660, 1664-1693, and 1722. The Board recognized this issue and cited 38 C.F.R. §§ 4.40 and 4.45 and the seminal case DeLuca v. Brown¸8 Vet. App. 202, 206-07 (1995). R. 7. However, the Board put the cart before the horse—the VA never provided Mr. Doe with an adequate examination that “in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person’s ordinary activity.” 38 C.F.R. § 4.10; Schafrath v. Derwinski, 1 Vet. App. 589, 595 (1991); see also Spurgeon v. Brown, 10 Vet. App. 194, 196 (1997). The VA examinations conducted in October 2000 and September 2004 did not evaluate the effects of Mr. Doe’s back disability upon his ordinary activities. R. 383-385, 1477-1478; Schafrath, 1 Vet. App. at 595 (citing 38 C.F.R. § 4.10). Thus, the Board rushed to its own unsubstantiated medical opinions regarding functional loss due to pain, but no other DeLuca factors, and labeled Mr. Doe’s back disability as moderate. R. 7. “Without a medical opinion that clearly addresses the relevant facts and medical science, the Board is left to rely on its own lay opinion, which it is forbidden from doing.” Stefl v. Nicholson, 21 Vet. App. 120, 123-124 (2007) (citing Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991) (holding that the Board may only consider independent medical evidence and may not substitute its own medical opinion.)).
Furthermore, in evaluating back disabilities, the VA is required to evaluate neurological manifestations. VA Training Letter 02-04. The Board recognized “DCs 8522 – 8530 [were] potentially applicable” and concluded that the evidence “demonstrate[d] mild neurologic manifestations,” but then admitted the “medical evidence does not specifically state which nerves were affected by the veteran’s low back disability.” R. 11-12. Therefore, the Board again provided its own unsubstantiated medical opinion due to the lack of an adequate VA medical examination to assist the Board in its decision.
Issue 1 and Issue 4: Entitlement to an initial rating in excess of 20 percent for a back disability, involving lumbar strain and degenerative disk disease and to a compensable initial rating for a disability manifested by chronic testicular and groin pain.
In addition to these errors regarding the Board’s evaluation of Mr. Doe’s back, the Board never discussed the private medical opinions Mr. Doe submitted from Dr. Bash. R. 1520-1522, 1738-1740. Dr. Bash provided opinions regarding the neurological manifestations of Mr. Doe’s back disability as well as his chronic testicular and groin pain and the etiology of such. Dr. Bash opined Mr. Doe’s groin and testicular pain originated from the ilio-inguinal nerve—another neurological manifestation of Mr. Doe’s back disability. However, the Board never discussed Dr. Bash’s opinions in its decision. “Fulfillment of the reasons or bases mandate requires the BVA to set forth the precise basis for its decision, to analyze the credibility and probative value of all material evidence submitted by and on behalf of a claimant in support of the claim, and to provide a statement of its reasons or bases for rejecting any such evidence.” Gabrielson v. Brown, 7 Vet. App. 36, 40 (1994).
Issues 2 and 3: Entitlement to a compensable rating for residuals of a fracture, left 3rd metatarsal and to a rating in excess of 10 percent for residuals of a fracture, right 3rd metatarsal.
To date, the VA has only evaluated Mr. Doe’s bilateral foot condition based upon the diagnostic codes for musculoskeletal foot conditions. R. 16-19. The VA has overlooked the following: On May 15, 2000, Dr. Ali Hashmi diagnosed Mr. Doe with Tarsal Tunnel Syndrome bilateral feet. R. 326. Tarsal Tunnel syndrome is “[a] syndrome characterized by pain and numbness in the sole, caused by entrapment neuropathy of the posterior tibial nerve.” Stedman’s Medical Dictionary, 2001 edition. Dr. Hashmi also described Mr. Doe’s pain as over the medial aspect of the foot radiating down to the toes. R. 326. The Board did not consider evaluating Mr. Doe’s bilateral foot condition under a diagnostic code for this type of neurological condition or consider whether Mr. Doe’s bilateral foot pain could be linked to the neurological manifestations of his back disability. DC 8530 allows up to a 10% rating for an ilio-inguinal nerve disability. Considering that neurological manifestations are part and parcel of a proper evaluation of a back disability, Issues 2 and 3 are inextricably intertwined with Issue 1 and should be remanded to the Board for further adjudication. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).
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3 years? Who remanded the claim? I know it took a 2001 appeal of these issues just remanded from the court 5 years to get to the BVA. Then another 2 to get to the court. However, the BVA made a decision within 2 years. 3 years sounds nuts unless your at an RO.
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Thanks J, Pete, and Larry,
Yeah that's what I thought was supposed to happen with the front of the line deal. Lets see LOL. Yeah I want combat pay for this crap. I told the RO in 2004 this crap should have been rated higher. Thanks for the pain rating code Larry. I'm not sure who posted that you can't be rated for pain but even before I saw your post I knew you could be rated for pain. It gets thrown in with the whole CFR 4.10 functional impairment arguement. In my case the pain makes me want to puke and I miss work from it. Tried telling them that from the start but they rated me under the prostate and whether I soiled myself. Dr. Bash wrote a letter stating he thought based on my records and x-rays that my pain orginated from the Ilio-inguinal nerve area. Under that I should be rated severe 10% based on puking, limping, missing work, nausea, etc. No VA doctor or examiner ever presented a different finding or disputed Dr. Bash's opinion. Yet the rater who is some puke with no medical training said she thought that I had a prostate issue LOL. I love how these VA employees start to think they are doctors!
I feel like I should be a VA lawyer now after all this crap.
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Thanks everyone,
The lowest rating would be fine LOL. They would have to give me a 10 and 10 for testicle and left foot, 20 for right foot, and for the back I'm 20 and 10 so maybe 40,40,40 because I have nerve issues and atrophy of both my legs. All of that combined with my 50 (mental), 30 (asthma), 10 (hypertension), 10 (eczema), 10 (gerd) and I'm missing something else but it will take me from 80 now to either 90 at worst or 100 on the schedule at best. Not too mention the court items all go back to 2000 so I'll get a nice chunk of back pay. I'll take it!
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Exactly 1 1/2 years later the U.S. Court for Veterans Claims has remanded all four of my issues to include my back (30%), testicle pain (0%), left (0%) and right foot (10%). They wanted to toss the testicle pain but thanks to Dr. Bash and my attorney we took that one too. Finally some good news. Now the question is what will they rate me!!!!!!!!!!! LOL. I'll be happy for one day at least.
Thank you for everyone that helped and put up with my BS for the last 1 1/2 years. Too many names to name.
P.S. anyone have any idea what happens next?????????
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Thanks everyone,
I have an appointment to talk with a lawyer tomorrow. A question was asked about do I drive? Sometimes I have no choice but it can't be for more than 10-15 min. As far as school I had to take a leave of absence. However, I can't attend school physically. I have been going online since 2004 because I can't sit for a class. Thanks again.
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One more thing. When I went to my recent mental exam for TDIU. The examiner stated that my nemtal alone didn't make me unemployable but that my mental + back was the cause if my significant impairment. So basically three mental health professionals saying I should be working. 2 VA and 1 private.
Just A Vent
in VA Disability Claims Research
Posted
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.