dav_marine72

Yeah I'm 99% I am right. I had some congressional aides step up the pressure since they have had the documentation since March and one told me today I didn't rate it. I was like what? He said the VA owned my back from a medical stand point and I needed their permission to get surgery done on it outside the VA. I was like are you on crack? You need that for fee basis or getting civilian scripts filled at the VA but clearly the law states nothing about needing to have surgery at the VA or letting them know. I kept asking the guy to show me some proof. He said he had been doing this for 20 years. I said I'm 80% right now with 11 service connections, 4 at the U.S. court, and 7 on appeal at the regional. I worked all my regional stuff and the BVA myself. That's probably why I got shafted. My lawyer at the U.S. court said she has never seen so much evidence ignored by the BVA and so much incompetence at the regional level. As I stated before I just had 3 level fusion with interbody cages and cleared scar tissue at two levels. I had been on 80 mg oxy 3 times a day, 30mg roxy 3 times a day, 20mg Valium 3 times a day, 1 mg ativan 3 times a day, 20mg buspar 4 times a day, 200mg of Zoloft a day for the last three years. This included when I was at the BVA. I had surgery number 1 in 2000. I had scar tissue at two levels. I was getting nerve blocks every month. I did a spinal stimulator trial. I have 3-4 panic / anxiety / hyperventilation attacks because the pain is so severe. I got fired after my surgery in March of this year because I couldn't go back to work and sit. The best part of all? My back is 20% LOL. The BVA left it 20% and gave me 10% for my lower extremities based on straight leg raises. They said I had no neurological effects from my back because a nurse practitioner at the VA clinic said the weakness, numbness, and tingling in my legs was not from my back. I also submitted two separate independent medical evaluations from an MD who specializes in VA disability, is a DAV, is a board certified diagnostic radiologists, a senior member of the American Society of neuroradiology, is licensed by the Maryland Board of Medical Examiners, certified by the National Board of Medical Examiners, an Associate Professor at a medical Military college, and has an MBA. His evaluations stated I should be rated 60% for my back and be considered for unemployability. The BVA ignored his letters totally and the regional with no MD to challenge him just said we read his letter but with taking everything into consideration we feel 20% represents my symptoms. That’s what I get for trying to work the whole time. I won’t even get into my 30% Asthma, 10% for busted feet, and all my 0’s for GERD, eczema, high blood pressure, right testicle pain, and erectile dysfunction LOL. LOL the forces are not with me! Oh by the way my back is 20% as I said, well my mental is secondary to the back and severe pain and it's rated 50%. Go figure. Sorry for the vent but I needed it. Thanks for your post!

Do you need permission from the VA to have surgery in a civilian hospital on a service connected issue to get convalescent leave? Anyone have this situation before? This sounds like you don't § 4.30 Convalescent ratings. top A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care) or outpatient release that entitlement is warranted under paragraph (a) (1), (2) or (3) of this section effective the date of hospital admission or outpatient treatment and continuing for a period of 1, 2, or 3 months from the first day of the month following such hospital discharge or outpatient release. The termination of these total ratings will not be subject to §3.105(e) of this chapter. Such total rating will be followed by appropriate schedular evaluations. When the evidence is inadequate to assign a schedular evaluation, a physical examination will be scheduled and considered prior to the termination of a total rating under this section. (a) Total ratings will be assigned under this section if treatment of a service-connected disability resulted in: (1) Surgery necessitating at least one month of convalescence (Effective as to outpatient surgery March 1, 1989.) (2) Surgery with severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilization of one major joint or more, application of a body cast, or the necessity for house confinement, or the necessity for continued use of a wheelchair or crutches (regular weight-bearing prohibited). (Effective as to outpatient surgery March 1, 1989.) (3) Immobilization by cast, without surgery, of one major joint or more. (Effective as to outpatient treatment March 10, 1976.) A reduction in the total rating will not be subject to §3.105(e) of this chapter. The total rating will be followed by an open rating reflecting the appropriate schedular evaluation; where the evidence is inadequate to assign the schedular evaluation, a physcial examination will be scheduled prior to the end of the total rating period. (:D A total rating under this section will require full justification on the rating sheet and may be extended as follows: (1) Extensions of 1, 2 or 3 months beyond the initial 3 months may be made under paragraph (a) (1), (2) or (3) of this section. (2) Extensions of 1 or more months up to 6 months beyond the initial 6 months period may be made under paragraph (a) (2) or (3) of this section upon approval of the Veterans Service Center Manager. [41 FR 34256, Aug. 13, 1976, as amended at 54 FR 4281, Jan. 30, 1989; 71 FR 28586, May 17, 2006] Being in the hospital for a prolonged treatment sounds like it does. § 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation. top A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established that a service-connected disability has required hospital treatment in a Department of Veterans Affairs or an approved hospital for a period in excess of 21 days or hospital observation at Department of Veterans Affairs expense for a service-connected disability for a period in excess of 21 days.

Hi Everyone, I just wanted to issue an apology for my post yesterday. I used some trigger words without even thinking about it and attacked a member that has been nothing but helpful to me. I have been trying to stay off here because I am at the end of my line. I am in severe pain and it is hard to talk with anyone these days without yelling at them. I have an upcoming surgery that may or may not do anything for me and it scares me to death. I feel like I am letting my wife and kids down with all my problems. Everyone on here has always tried to help me and other strangers and that is what makes this place special. I let my pain body erupt yesterday and sincerely apologize for that. Thanks for everyone's help and understanding it has made a difference in my life.

Thanks for understanding Phillip. I guess that's what I love about this site. Were all in the same boat here.

Thanks Testvet. Phillip I mean no offense to you. I am not in a good place right now. The chronic pain is eating me alive. Throw in an upcoming surgery that has about a 40% success rate and you get a nasty person. I know what you meant and I shouldn't have shouted my mouth off. I am sorry.

First off let me start off by saying lawyers do have a right to be paid, no one is disputing that fact. The fact is at this point we are talking about a lawyer looking through my case and then negotiating with the U.S. attorney. I know there is work behind the scenes but if that is worth around the $12500 estimate on my case there is something wrong with that. The fact that you are accusing me of wanting something for nothing is an insult. I have been fighting the VA since 2000 for my benefits. I have provided all the evidence needed to get a 90% rating. Right now I am 70%. Rather than site home and try to get TDIU and social security I go to work everyday under a cocktail of sedatives, anti-depressants, and pain killers. I can't get life insurance to protect my wife and children because of my service connected disabilities. So yes I don't believe a lawyer should get $12k of my 50k when my evidence points I should have been that way in the first place. This attorney you are so high on wanted to charge me $1250 because he would have to work on my case in front of other clients because I am already at the court and have been there for some time. How does that help his clients? There are many lawyers who do these cases for the fees they can get reuimburshed from the government. Why should I have to pay a laywer when the VA screwed up? I'm scheduled for a service connected three level lumbar fusion in March in which my employer is saying if you can't make it back in 6 weeks then find another job. Don't make judgements about people or situations you don't know about.

I'm kind of shocked with this 20% - 25% stuff. My original lawyer was getting reimbursed from the government with no out of pocket cost to me at all. No percentage of my back pay. Did I have the nicest attorney in the world and now I'm screwed?

Hi Berta, Thanks as always. He told me because I am so far along he would have to stop working on other client and bump me up. Hence the $1500. I dont have that to pay. Then 10+ years of fighting to lose 25%. I have to have a three level lumbar fusion on March 12. How much more does the VA need to put at more than 20% ortho and 10% neuro? I am pissed!

Anyone know of a good attorney at the court that takes their cut from the government reimbursement? My first lawyer was working under that premise. Someone had posted attorney Robert Chisholm as a good lawyer but he wants a $1500 fee and 25% of my back pay. This is such BS. The VA screws up and I have to pay for it? Please let me know if anyone used a decent lawyer that did not charge. Thanks.

Thanks rdnkjeeper, rentalguy1, and dolfanbls. Rdnkjeeper I would like to chat and compare our situations. It's nice just to be able to talk with someone that knows what you are going through. I'm pretty busy working full time and with the kids. Maybe we can talk this weekend? Let me know and I will send you my number. Rentalguy1 thanks for your words as always. I agree with with your advice about working and think that would be the best thing for me. The problem for me is the lag time between TDUI and SS. I can live on the two payments but would need them quick. I have to do what you said and pay my debt down and save enough to cover me. It's tough now with the little ones because my wife doesn't work. If she did it would cost more for daycare. I'll keep your PM suggestion in mind. I appreciate it.

Hi Everyone, Not sure if this should be posted here or not but I am looking for advice from other Vets with back issues. I seemed to kill all my lower discs in the Marine Corps. I got out in 95 and by 2000 I had desiccation and large herniations at L3-4 and L4-5. L5-S1 had a disc bulge. No one wanted to touch me because my back and leg pain were not concurrent with what my MRIs and discogram showed. Finally a neurosurgeon at Yale agreed to do surgery. He wanted to do a fusion but then backed off and decided to only do discectomies at L3-4 and L4-5. While he was in there he ended up doing hemilaminectomies also. In 2001 I was service connected 20% for my back retro to 2000. I only got worse after that and ended up on Zoloft, ativan and buspar three times a day because the pain was causing panic attacks and anxiety. I am service connected 30% for the mental. In 2005 I finally couldn't take the pain anymore. I was given mostly NSAIDS until that time. I left the VA for a PCP (I work) and he started me on Vicodin. He sent me to a pain center and I moved up to Percets three times a day. I received many nerve blocks and steroid shots since then for my L3-4 and L4-5 discs. I graduated to Oxycodone about a year ago, which I take 30mg 3 times a day now. I still take the zoloft, ativan and buspar three times a day but the ativan and zoloft was increased. The pain has gotten so bad I am crying all the time, can't sleep well or very long, have numbness in both legs, and have frequent nausea. I have small children and I yell at them all the time because I can't take any stress. My wife of course wants to kill me. Somehow through all this go to work everyday. The pain care doctor had me go to a neurosurgeon with a new MRI (2006) and he recommended no surgery. The MRI showed really the same as the MRI after surgery in 2000. Scar tissue at both levels he operated on and desiccation at L3-4 and L4-5. There was a small bulge at L5-S1 impinging the thecal sac. As sleep was less and less for me my VA shrink put me on sleeping pills. Quite a cocktail. The pain doctor wanted me to try a spinal stimulator trial for a week. I did it and had some severe pain from one of the incision points and had one of the LEDs move on me. Go figure my luck is always so good. Needless to say the trial was questionable. I felt I got some relief but with all the issues it was hard to tell. I finally decided to move forward with the spinal stimulator implant because I felt I had no other choice for anything. The doctor they referred me to for the spinal stimulator thought the trial was a little shaky and asked if I wanted a full work-up done. I said sure what can it hurt. I needed to get a new MRI and x-rays taken while bending forward, side-to-side, and backward. The MRI showed minor changes since the 2006 MRI. The changes were mainly at L3-4 and L5-S1. Overall report was that L3-4, L4-5, and L5-S1 are all desiccated and degenerated and I have increasing spinal stenosis. The x-rays showed that my spine is moving and I am rubbing at multiple levels. Here is the dilemma: The surgeon has told me he has done many complicated surgeries involving multiple levels. My pain doctor says he is a great surgeon. He wants to fuse me from L3 to S1. I know the horror stories and issues surrounding multiple level fusions. I just feel like I have to do something. I'm only 36 and I don't think I can live like this for the rest of my life. The pain is so bad even the oxy only gives minimal relief for a small amount of time. To top it off the BVA in March 2008 decided that my appeal for my back from it's original rating was worth only 20% for ortho and 10% for neurological. I'm at the court now. I don't know what to do. I can't take all these drugs forever. I can't go on working with this kind of pain and numbness. I honestly don't want to live like this forever. I can't play with or hold my kids. I feel like any chance of relief is worth it. Any comments or advice?

Hey Matt, I hear you. I saw about 5 or 6 DRs from 97-00. No one wanted to touch me until a doc at Yale said yes. I had surgery on L3-4 and L4-5 in 2000. They did a hemi-laminectomies and discectomies at both levels. L5-S1 only had a bulge so they left that one alone. Three months after the surgery I got 100% worse. Not only is my back unstable but I have scar tissue entrapping the nerves at the two levels. I have been getting nerve blocks and just tried a spinal stimulator. Nothing seems to help. No one wants to touch me now of course. I know pain killers are not good but they do take some of the edge off.

Hi Matt, Semper Fi. I have a 2, 3, and 10 yr old. I can't afford daycare either. My daily regiment is 3 oxys 30mg, 1 Zoloft 200mg, 3 ativans 1mg, 8 buspars 20mg, lisinopril 10mg, some stomach drug and sleeping pills. I have severe chronic leg and back pain along with anxiety and panic attacks. My asthma and high blood pressure seem to be the least of my worries. I'm not going to lie. I drink sometimes to get through it. I'm not suggesting you should. I just hope my writing will let you know your not alone. Hopefully if I can hold out for 3 years so I can get TDIU and my wife can go to work. Then my kids will be in school. I can't stay home to watch them now they are too much for me. Everyday I just look forward to seeing my kids when I come home and think about going to bed. I have some sleeping pills now so I get about 3 or 4 hours before I wake up with a panic attack. Just try to reach down just like in the Marine Corps. I know it's a bunch of crap but you made it through that so you can get through anything. Who were you with when you were an 0311? I was with 1st bn 1st Mar 1st Mar Div Motor T. 91-95. Can't truck it xxxx it. Hang in there man. The VA disability system is equivilent to slow torture so you have to keep yourself motivated!

Thanks SSGmajik, It may sound stupid but it is very helpful for me to tell my story and talk with other chronic pain suffers. I'm trying live life and to deal with a family that includes a wife who can't understand, a 2yr old, a 3 yr old, and a 10yr old who shouldn't have to understand. I can't stop working yet because of the daycare issue. If my wife went to work I couldn't watch the kids and we couldn't pay for daycare. So I take the cocktail and somehow get to work each day. Anyway talking with you has helped me so thanks. I think your right on track with stepping back and getting your case all together. Just don't do what I did and try and shove it down their throat. Let the lawyer handle it and pay them some money. Sucks but it saves you sanity. I'm at the Hartford CT VARO by the way. My asthma is the only rating they have gotten correct yet. Take care.

Hey SSGmajik, All I can say is hang in there and hopefully one day at the Veterans court with a lawyer they will get it straight. If you can use a lawyer at the RO level I would. Here is my story to commiserate with you. Served in the Marines 91-95. Got out in 95 and was service connected for fractures of both feet 10% and 0%. Service connected for Asthma at 0% even though I used an abuteral inhaler, which is 10% min. They later in 2004 corrected that rating to 10% in 96 and 30% from 97 0n. In 97 I started having problems with my back and legs. For the next three years my back and leg pain and symptoms became worse and worse. I had three MRI's and a disco-gram done. What came out was L-4 L-5 desiccated and severe degeneration and herniation to the right in the nerve root, L-3 L-4 severe degeneration and herniation to the left in the nerve root, L5 S1 moderate bulge pressing on the thecal sac. For the whole three years I just wanted to be fixed. I saw 4-6 neurosurgeons and orthopedic surgeons, neurologists, chiropractors, acupuncturists, holistic healers, yoga instructors, and massage therapists. No one wanted to touch me surgically. No fusions, no reconstruction no nothing. They said I had two many levels and too many different symptoms. So finally in 2000 a neurosurgeon at Yale said he would operate. Mind you the whole time I haven't gone after the VA yet. He said he wanted fuse me at the top two levels. Then he changes his mind and does a hemi-laminectomy and discectomy at L3-4 and L4-5 and leaves L5-S1 alone. In the beginning it seemed like I got some relief. Must have been the six weeks in bed and the percs. Anyway once I went back to work things went right back to where I was prior to surgery except worse. The surgeon did another MRI and said well you are clear and have some scar tissue, nothing I can do. So then I went after the VA. That was a long story but I got it connected directly and secondary to my feet. Initial rating back to July 2000 of 20% for lumbar strain. No intervertebral disc syndrome, no mention or MRIs or leg pain or anything else. I appealed of course. I couldn't do anything that I had done prior to 97. No physical activity without severe leg and back pain. So for the next three years I get denied again and then have a hearing and go to a DRO. In between I had another exam. Well sense I was taking Yoga I was able to bend to 70 degrees. I should have faked by I can't go back. So they take the bending into account and say I am better and actually rate 10% but we'll give you 20% for flare-ups. Said I had a mild back strain. I was diagnosed again with lumbar strain. No DDD no reference to MRI's, scar tissue, sharp shooting leg pain, no ref to the 10 plus dr’s that documented sciatica and positive straight leg raises, etc. Then it's on to the hearing and the DRO. She tells me that I got low balled for all my ratings. DAV is in there with me although I did most of the work on the case myself. I get my decision in Aug 2004 and it's denied again. Something to keep in mind. In 2002 I lost it because I wasn't taking pain meds and got put on paxel, ativan, and buspar for anxiety and panic attacks do to the pain I had. In 2005 they service connected me secondary to the back 30%. So here I am secondary sc for mental at a higher rate than my primary aliment. They also secondary connected my high blood pressure at the same time for 0% of course. So I guess the mental and the blood pressure shows how mild my back was. So it's on to the BVA. Well prior to the BVA I get Dr. Bash to write me an IME and he lines all my evidence up including tons of VA visits, MRI's, etc. and says change my diag code to intervertebral disc syndrome and rate 60%. The RO totally discredited his IME by saying we got but it doesn't hold enough weight. Yet they had no Dr dispute any of his findings. So BVA here I come. I spend hours and hours reading cases on the BVA which rate people with conditions like yours and mine 50 and 60%. I figured even maybe a low ball of 40%. So as I am waiting for the year or two at the BVA I break down again and can't take the pain. I start seeing a pain center and get nerve blocks every couple of months for the next year and a half. I start on vicodan then move to precocet and finally your evil friend and mine oxycodone. While my case was down there I sent them all of this. Including the 15mg of oxycodone 4 times a day. The 4 or 5 panic attacks a day. A letter from my employer saying I missed 12 weeks out of eighteen months. Told them about the jobs I had been fired from. Had a letter from my Pain Dr. stating that the scar tissues at the two levels of surgery are entrapping the nerves. He also stated because they waited so long seven years it would be almost impossible to break it up. A letter from my chiropractor / physical therapists saying I had been seeing him three times a week for over a year and that I have severe orthopedic and neurologic deficit which was cited on four different full exams he had done on me over the year. A letter from a neurosurgeon stating I had severe DDD which was way out of proportion fro my age, that I had nerve entrapment at L4 including numbness. He also recommended getting a spinal stimulator but that I couldn’t be helped with surgery. The kicker was another letter from Dr. Bash stating again I should be 60% under intervertabral syndrome and the fact that no one had disputed his first letter and I have gotten worse. He also wrote this piece about entrapped scar tissue etc. So I think I’m sitting pretty and here comes the letter one day. Guess what? No increase. Back stays at 20% based on orthopedic conditions to include the bending. Although they admitted DDD and spinal stenosis for the first time. Oh wait they threw in 10% for my neurological symptoms based on a 2002 VA doctor note. Almost all the evidence they pointed to was from prior 2000. Everything else they said was a just pain note. They even cut out the letter stating I missed 12 weeks in 18 months yet used a statement within it that said I had to stand up in meetings LOL. No mention of the two IMEs from Dr. Bash, no mention of any other doctors letters. So here I sit at the court hopefully waiting to get a remand back to the appeal management center in Washington and get a correct rating. I honestly believe because I fought these guys myself they screwed me. When they denied me I wouldn’t have an NSO write them back I would and I would tell them exactly where they made a mistake. I was told by DAV stop sending stuff in because my C-file folder is too big and they wont look at it anymore. I dropped DAV after that. Sorry I went on for so long. Just wanted you to know my deal. I just had a spinal stimulator trail two weeks ago. I’m not sure if I want to move forward with the permanent solution yet. Until then I got bumped up to 30MG OXIs. Hopefully one day here at the court they will set me free. Good luck in whatever way you move forward.

Thanks Pete. I was surprised with the GAF too. I expected it to be much lower. I noticed the note about the records too. Not sure what he meant by that. Yes I am still working so 50% will have to do. Plus he wrote at the end that I only have mild to moderate vocational impairment but significant social impairment. I'm sure that will be there reasoning for only 50%. Thanks for your time.

Dont mean to be a board hog but I posted in the general section and got nothing. I am currently 30% SC adjustment disorder secondary to my SC back. The report looks like I should get a least 50%? Any comments? mental_exam_8_29_08.pdf

Thanks for all your help Berta. We appreciate your time!

If these jack asses wanted to honor Veterans they would stop bending us over and fix the VA! Lip service as usual.

Hi Everyone, I picked up my mental C&P exam results yesterday. I am currently 30% for adjustment disorder secondary to my back. This report looks like I should be 50% at least I am guessing. Anyone have any thoughts? mental_exam_8_29_08.pdf

What is actually on the table here? Is it just an increase for your spine condition? If so what are you rated now and under what rating diag code?

Hi JT, First did this occur in service or do you have a nexus letter? The neck is a wide open one. It could be rated many different ways. Look at the ratings link that Carlie sent you. I'm 20% ortho and 10% neuro for three layers DDD, dessicated disc, scar tissue, spinal stenosis in my back but I'm on appeal at the court. They rated me based on bending without considering 4.40, the total disability picture, a full deluca work-up, or my Independent Medical Evaluations. If so do you have any VA rating exams you can post? What about symptoms from your neck? I.E. numbness, tingling, etc. On to the HBP. Again did this occur in service? My blood pressure starting running up in 97 when my chronic back and leg pain began. I was always 140-150 / 90s while on medication. They rated me 0% secondary to my back. The 0% isn't even in the rating tbale for HBP. They may have some way to roll that one but I don't understand it. I had a hearing with a DRO and a DAV rep. The DRO said I should not have gotten service connected because their definition of HBP is 160/100 or above. Well my DAV rep said he should get at least 10% sense he has been on meds since 97 (the hearing was 2004). She agreed. Then came the decision. I was denied and kept at 0%. They stated since I only had a couple of readings over 160/100 i didn't rate 10%. They also stated I never had a history of 160/100 which the rating points to. Well it is still on appeal and I framed it like this. I had four seperate readings over 160/100. I had tons in the 150s / 90s. So I stated I had been on the meds since my first 140 / 90 reading. I also stated based on all the evidence and the four readings on four different days they should give me the benefit of the doubt that if I wasn't on HBP meds I would be 160/100. Still waiting to hear back on that one.

Yes I know. I start poking around. Thank you.

Thanks VAF. I know I just feel like I went from a high to a low. This game just never ends.

Thanks everyone. I talked with my attorney today and explained I was confused. I wanted to see if she would move forward. Even though I didn't feel she explained everything to me. She said she'd file the stay at the court to keep it there but was dumping me as a client. Like I need this shit!