dav_marine72

Thanks Carlie. I guess what I am talking about is some of the ways they don't answer questions that they should be. Something I do have a question about. Based on both my legs being rated 40% and 20% respectively how does the bi-lateral factor weigh in? Normally you would combine the two and then add 10% to the number before combining with any other service connections. However because it's part of my back the RO is saying I am combined 70% for my back. That being 40% Ortho, and the 40% and 20% neurological for the legs. So does the bi-lateral factor get followed and then combined with the 40% for the back? Either way it leaves me 1 or 2 points below 95 but I was curious how it's applied in this situation. Thanks in advance.

Thanks Phillip I'll do that if need be. Asknod - I fully understand what you are saying and I appreciate you being candid. Nothing would surprise me with the VA. I'll just continue to fight as I have for the last 18 years. It would be nice one day to just be done though. The mind can only take so much. @JR - You may be right. Some of the language made it sound like that was the case. I come up with 93 not 94.5 but who knows how they are calculating. They actually denied me for a compensatable rating for HBP on this rating. Prior to making it's way back to the RO the BVA awarded me 10% for HBP. Then for my back they talked up the 20% they gave me for both legs based on neurological findings but then when I got the rating it was actually 40% Left and 20% Right. LOL. The ratings decisions should come with a decoder so it's spelled out in plain english :)

Thanks Everyone, The VA just sent me the form about working this year. No form any previous years. I am going to ask for the wavier if they try and take the money back. The funny thing is even according to them I've gotten worse since they gave me TDIU. So it will be interesting to see what their next move is. They may not do anything at the RO level because my remand now has to go back to the BVA. Every time I bounce between these guys each side ends up giving me a little more. So who knows maybe the BVA will bump me up on the 7 appeals I have and I'll get 100% on the schedule and then it will be a moot point. Like you say you never know what they will do. Thanks again. Mike

Thanks for the responses. Sorry didn't mean to run the BS flag up the pole. I do not collect SSDI anymore. I did the one year back to work program with them. Second I did notify the VA about going back to work and never heard a word from them. I just finally got my first TDIU form about working, etc. So I did not lie, and I followed their rules. My RO has lost evidence, let my remand sit for 2 years, didn't process an award from the BVA before I came in a year later and asked about it, etc. So it doesn't surprise me that they never reduced my rate. Since I did get the form this year I figured they would reduce my rate after that. Again I was hoping they would rate me properly and I would be at 100% schedular but silly me I thought I was in fairly tale land for a minute. Hope this clears that piece up. On to the question at hand. Since I believe they know I am working I was surprised at the 100% permanent rating as of my last exam a month ago. Hence why I wondered what would happen to the P&T if I was reduced to 90% until my appeals get finished in 20 years :) Thanks.

Hi Everyone, Hope everyone is well. I have a complex issue here and I'm hoping someone might have an idea as to what the VA can do after awarding P&T. To fully understand the situation I am in I need to provide some background. The following are my current service connections: 70% - Back Condition (L3-S1) post failed 2000 L3-4, L4-5 discectomy, post failed 2009 L3-S1 fusion, post spinal stimulator implant - 40% Ortho, 40% Left leg radiculopathy, 20% Right leg radiculopathy, 50% - Adjustment Disorder - Major depression, Anxiety, Panic Attacks - Secondary to severe back & leg pain, 30% - Asthma, 10% - GERD, 10% - Hypertension - Secondary to severe pain from back & legs, 10% - Right Foot - Post fracture, Pes Cavus, Severe Ankle Equinus, Arthritis, 0% - Chronic Right Testicle Pain 0% - Left Foot - Post fracture, Pes Cavus, Severe Ankle Equinus, Arthritis, 0% - Eczema, 0% - Erectile Dysfunction - SMC K - Secondary to SSRIs and large daily dose of opiates Service connection timeline - 1995 - 2009 0% - 80% 2009 - Awarded TDIU & SSDI, 90% schedular 2011 - I return to work based on many factors. My wife gave up her career to stay home with kids once our last child was born, unable to get decent health insurance for my family, unable to get life insurance on myself for my family based on Mental Health & Back Condition SC & medications prescribed for both, went into severe depression because of losing career and started drinking alcohol heavily and abusing the opiates, mentally I could not take staying home & at the time I wasn't interested in getting help. Needless to say I return to work in severe pain. I'm able to do bare minimums and luckily the company was affording me leeway including days off, working from home, etc. However, recently the company has taken a new direction and now has issues with leeway. I'm working with HR but I honestly don't know how much longer I'm going to be able to work there. There is no way I would be able to go to work where being there physically 40 hours a week or more was required. This is based on my limitations with sitting and standing. The plan was to wait until my wife graduated from college before I stopped working but that is up in the air. So 4 of my service connections make their way back to the RO via a joint remand from the U.S. Court and 3 others come back via BVA remands. The 4 from the Court go back to ratings from 2000. I have to go through exams for all 7 service connections for the millionth time. I told the examiner that I was working. They pulled in my SS records which would show I was working. So of course the RO finds no increases or changes in my ratings from before 2009. Which means no back pay and probably years more of appealing. However, prior to the remands I was 10% for lower extremity weakness instead of being rated for each leg after the 2002 VA law change that allows ortho and neuro ratings to be separate if they are more advantageous to the Vet. This was one of the bigger appeals based on the severity of my leg pain and weakness. So they deny the 7 increases or initial ratings prior to 2009 but they award me 40% for my left leg (Neurological) and 20% for my right leg (Neurological) from 07/2013. Even with these new ratings I still combine to 90% (92). However, they award me what they are calling a permanent 100% disability evaluation for my service connected disabilities effective 07/2013. They also stated no exams will be scheduled in the future for your permanent and total disabilities. Then they included the elusive Basic eligibility to Dependents Education Assistance is established from 07/2013. They stated the permanent & total award was based on the new awards for my legs. Now here comes the million dollar question. If they decide to take TDIU away prior to me getting these other appeals panned out which will hopefully knock me up to 100% schedular what about P&T? I know they could take the money back for 100% - 90% but what happens with P&T? I know someone will probably say you should have never gone back to work and I've heard it 100 times. I did what I needed to do and it's done. So only helpful replies please. I can't go back in time. Thanks in advance if anyone can shed any light on this possible situation I may face.

Hey Broncovet, I would agree with you on that. I paid $6000 for two letters trying to get things resolved before the BVA. That was back in 2004. Since then it's gone to the BVA with nothing and then a joint remand at the CAVC. Any evidence or opinions in your favor are good but I thought after shelling out 6K I wouldn't have to leave the RO. The second letter ripped apart the decision they made with the first letter. They ignored the second letter all together. Then the BVA said he didn't examine me so it meant nothing. I'm sure it didn't hurt at the CAVC but here I sit in 2013 with a lawyer getting 1/3 and no decions increased by his IMO letters.................so.....................

Thanks John. I'm going to get in touch with her today. The RO told me last week they opened my file. WOW. :)

Yeah I'm TDIU but not P&T. I'm due some back pay too. No pun intended. I'm 90 on the schedule with low ratings for many of my seems end list of service connections. I want 100% on the schedule because I want to work. It is hard as hell but if I stay home. I will become an alcoholic or OD or something. Did your senator actually do anything for you? I've contacted both of mine already and I was told I have a very complex case.............

Under the all in one back one now. Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine 40%. I used to be 20% under the old codes. We argued that since I had my first surgery in 2000 and I started having severe leg and back pain. So we argued 60% under the old rating until 2002 and then Back 40%, Right Leg 40%, Left Leg 40%. I'm okay for the 40 for the back. It's the 10 for both my legs that gets me going. I have medical documentation up the you know what since 2000. That includes 2 letters from Dr. Bash. A letter from a physical therapist stating in an examine in 2010 I was just as bad as when I first saw him in 2007. He did repetitive motion tests with more reps that the VA. He documented how after so many I would get foot drop, etc. or lose balance. Sorry to ramble. Anyway it also includes both my feet (broke in service) and now I have arthritis and severe ankle equinus in both from the way I ambulate. Right foot 10% under other foot injuries, Left foot 0% under same. Then I have had bad right testicle pain since 1995 when I was still in the Corps. They service connected years ago as urinary issue. I appealed every time saying it wasn't a prostate infection just pain which doctors think is from the back. It's been 0% because I can hold my functions. The CAVC told them to consider rating under neurological or adding it in with the back issue. Thanks.

They remanded and ordered the Hartford RO to give me all new exams. They put in specifics. Like for my 3 disc L3-S1 fusion. They said if the examiner doesn't have a neurological background they need to get someone. I have 40% Back and 10% for both my legs. I have a spinal stimulator and take 3 30 OXY quick, and 3 40 OXY long a day since 2007. They gave me TDIU for my mental (50%) / back in 2009 at the RO. They denied P&T and SMC. I'll have to post their orders out here when I have a chance. The basically told them to look at ratings 4 my 4 issues on appeal back to 2000 with various codes to get me a higher rating...... The Hartford RO used to be quick for exams and slow to finish the case. I have a lawyer. Getting frustrated.

If anyone has received a remand from the CACV I'm wondering what your timeline was until something happened. I received a joint remand on 4 issues back to 2000. This was in early 2012. A year later the Hartford RO has not done anything. Anyone else have a similar case? Wondering how long it took for the RO to get off their butts. Thanks.

I agree 100%. Yes that is a good idea. The only reason I threw that out was because the BVA specifically discounted his IME because of no exam. Of course the BVA discounts whatever they want. I'm not complaining mind you. Obviously by the joint remand @ CAVC it was a win for me. It's just 13 years is a long time as most of us know. Even if I had the exam there was no guarantee the BVA would have made a different decision............

I recommend getting a physical exam done with him if you do it. I had him write me two letters after reviewing my medical records. The RO tried to totally discount his letters. They didn't even mention them in the SOC. Then the BVA gets it. Says nope you didn't have an exam with Dr. Bash and denies a higher rating. Then the U.S. Court of Veterans appeals gives me a joint motion to remand back to the RO and start from the beginning. If you can have him examine you do it. I put out a ton of cash for these letters. They are very useful but need to be implemented properly.

I had the same thing happen to me. After my last surgery in 2009 I had a C&P that sounded like what yours does. Then Voc Rehab turned me down too and gave me the independent living program. I got my TDIU in 2010. Now don't get me wrong. I also have a 50% for mental. Sounds like your in decent shape to get it. Watch out for the P&T not P&T. They gave it to me initially and took it back.

I am trying to gain support to lobby the government amongst my predominately non-Veteran friends. I haven't been on here for a while because quite frankly I can not take it anymore. I live my life in a haze of opiates. Somehow I make it to work. If I didn't I'd go nuts at home. I was awarded TDIU in 2009 and who knows what they are going to do now. I won my appeal at the U.S. Court in 2011. It's been sitting in Hartford CT RO ever since. The 4 claims go back to 2000. I'm technically 90% per the schedule. I'm about a 20% or so away from 100% on the schedule. I have 4 appeals back to 2000 and 6 from 2008. I have 12 service connections total now. I won SS benefits in 2009 and gave them back. I just want 100% P&T for my children. They are the ones that have to deal with dad saying no I can't play with you. My wife does everything around the house, lawn mowing, snow removal, etc. She is ready to throw me out after 10 years. I go to work and I come home and get on my ice machine. Work is not easy. I'm in such severe pain at times I can't sit or stand. So I work to not go insane and then I'm drugged up at home and worthless. Don't get me wrong. I'm alive I understand that. It's just 16 years of severe pain and fighting the VA have taken it's toll. The U.S. Court gave me a joint remand saying do it all over again..............At what cost to my sanity????????? Fix the system and get the claims back to a reasonable turnout.

Hey Carlie, Yeah I'm not sure about 100% on the schedule but TDIU started in 2009 and isn't going to go back because I worked up until 2009 and then started again in 2011. I wish I could just say goodbye to all of it. The problem is I was 50% in 2000, 70% in 2008, 90% and TDIU in 2009. So the impact of ratings from 2000-09 could be large enough to care. It's kind of silly though because obviously those years will be decided by what was in the record of the time. Which is why my lawyer and I thought asking the BVA to make decisions based on the evidence of record was the way to go last year but oh well. Thanks for your input.

Hey great posts, I am in a similar situation myself. I was awarded TDIU and SS in 2009-10. I became a drunk and was smoking two packs a day. I am a social butterfly and need not only the purpose of working but the social interaction. Thanks to a spinal stimulator, Fentyal patches, and Ativan I have been working for 11 months now. I did the ticket to work with SS and they just stopped paying me for that. The VA will be next. Luckily I am 90% and have some major screw-up appeals which should eventually put me at 100% schedular. I am actually surprised the VA has not contacted me yet. I know they will at some point. The good part about SS is you get a five year probation period where if you can't work they start paying you from day 1. They do their normal disability investigation but as long as you have a doc stating you can't work they are supposed to award the benefits back. I'm in IT Security so the money was worth going back not to mention getting benefits for my wife and kids. I was in a really bad place staying home. I felt like I was letting my family down. I can't tell you how good it feels to work again despite being in severe pain with occasional daily panic attacks. I guess they will never take the Marine out of me. Here is reference to the 12 months of work reg: About 4-years ago, a Veteran was referred to me for assistance. He had been rated at 70% for many years but then eventually was “awarded” 100% TDIU which he had been collecting for a couple of years. He showed me a letter from the VA saying that records they received from the IRS and Social Security Administration reflected that the Veteran had been working for about 4-months during the period he applied for a “Total Disability Rating”, and therefore, the VA was going to revoke his 100% TDIU and return him to 70% service-connected compensation, unless he could site a legal reason why the VA should not. So I researched 38 CFR (Code of Federal Regulations) and 38 USCS (United States Code Service) and found the legal reason why the VA could not revoke his “Total Disability Rating.” The legal reason why the VA could not revoke his “Total Disability Rating” lies in 38 USCS Section 1163, of which I paraphrase as follows: “The disability rating of a Veteran who begins to engage in a substantial gainful occupation after January 31, 1985, may not be reduced on the basis of the Veteran having secured and followed a substantially gainful occupation unless the Veteran maintains such an occupation for 12 consecutive months. UNITED STATES CODE SERVICE (USCS) http://www4.law.cornell.edu/uscode/ CODE OF FEDERAL REGULATIONS (CFR) http://www4.law.cornell.edu/cfr/ http://www.veteranstoday.com/2010/04/24/the-differences-between-being-%E2%80%9Crated%E2%80%9D-at-100-and-being-%E2%80%9Cassigned%E2%80%9D-100-tdiu/

I have used the Hartford, CT RO since 1995. I have had mixed results. They gave me a couple of good ratings and have flat out blown some no brainers. I actually have 4 issues coming back from the USCAVC that got shot down here in 2000. I'm getting all new exams and they have some directives from a joint remand so we will see. I have heard CT is a bad state for ratings but who knows. Thanks. Mike

Always try. Honestly I have appealed every decision the VA has ever made for me. I served 91-95. I got both feet and asthma out of service. My back showed up in 97 but I didn't get it connected until 2000. It's resulted in service connections for back ortho 40% neurological 10% (On appeal since 2000), mental 50% 2nd to back (On appeal since 2005), Asthma 30% (On appeal since 2000), Broken feet, arthritis, pes cavus 10% (On appeal since 2000), Hypertension 10% (Granted 2012), GERD 10% (Granted 2012), chronic groin and testicle pain 0% (On appeal since 2000), Eczema 0% (On appeal since 2002), ED 0% (Awarded 2012), numerous scars from surgeries 0%. I think I got them all. Started out at 10% in 1995 and finally got TDIU in 2009. I have since returned to work for sanity reasons but they have not taken TDIU away yet. I'm currently @ 90% and hoping to hit 100% once all my appeals settle. It gets frustrating but I think it really depends on who and where the case is looked at. Good luck and let me know if you need any help. Thanks. Mike

Hey Everyone, I have been on 200mg of Zoloft, 3mg of Ativan, 120 MG of OXY long, 90 MG of OXY quick, and steroid inhalers for asthma for the last 8 years. All are for service connections. Almost every med I have ever taking seems to include stomach issues as a side effect. I submitted the side effects docs direct from the pharmaceutical companies and did get my PCP to write that it was at least as likely as not that service connected meds cause my Gerd. RO shot it down and here is what the BVA had to say. Adding as document. Hadit.doc

Well I guess it's my own fault for telling my lawyer I had enough evidence for my claims to be decided without new exams. I had received a Joint Remand from the U.S. Court stating my back, orthopedic 40% and neurological 10%, both feet 10% combined, chronic groin and testicle pain 0% was to be sent back to the Hartford RO for new exams. These stem from a 2000 submitted 2002 Hartford RO decision. 12 years yes sir. I also had an increase for hypertension from 0%, Eczema from 0%, SC for GERD, SC for ED (Erectile dysfunction), and entitlement to SMC for being housebound. So my lawyer writes a letter saying they should be able to decide my back, feet, and groin pain without sending it back to the wonderful RO. I mean i've had 2 back surgeries, 6 VA exams including one in 2009 that awarded me TDIU, probably 6 or 7 exams for the feet and groin plus extensive medical visits to pain clinics for narcotics, a spinal stimulator implanted @ West Haven VA CT in 2010, tons of visits to civilan and VA podiatrists explaining that my pes cavus feet killed my back, have arthritis (by VA xray) and basically will be painful and crappy for the rest of my life. I broke both 3rd metatarsals in boot camp. Thankfully the U.S. court told them to consider Pes Cavus which could give me 40% combined for both feet versus the 10% I get now. My testicle and groin pain has been documented extensively since 1995 in service. So stupid me has my lawyer right the letter saying they are stalling the claim by asking for new exams. The BVA sent my 8 plus boxes or whatever they put evidence in "because they made a point to say my claim file was too big" back to the RO only to pull back a day later. So eight months later, you guessed it, going back to the RO for all new exams. They also threw in the housebound and eczema to have exams back at the RO to further develop the claim. Lovely. I did win the hypertension from 0% to 10% pushing me to 90% even though I still am under TDIU. They also awarded GERD and ED secondary and I assume the RO will rate those????????????? So 3 wins and 6 remands. No money involved but I guess it could be worse.

Hey Everyone, Even though the RO blew these two SCs off the BVA awarded me secondary GERD and Erectile Dysfunction due to Zoloft, Ativan, Oxy, Fentyl, and everything else I take. I included the meds I take and the manufacturers side effects list. Guess it was too much for them to discount. Now lets see if I get a proper rating for GERD and SMC K $95 for the ED. If anyone has questions or would like help pursuing similar claims please contact me. Thank you. Mike

Hey, Don't think that was ever done. I have had chest x-rays for asthma not sure if that would show it. I actually was first diagnosed after severe pain set in. Luckily a civil doc in 1997 wrote that the hypertension was related. Later talking with a DRO she told me they never should have service connected. Go figure. Thanks.

Hey Everyone, I have been fighting the VA since 2002 over my hypertension rating of 0%. I knew I didn't meet the typical many over /100s readings. I have however been on continous medication since 2002. I saw many BVA cases that would decide in favor of the Veteran based on the benefit of the doubt doctrine. Sure enough I got my decision yesterday from the VA. Although I have hardly ever had readings above 160/ and maybe 10 /100 compared with tons of 120/80s when controlled with meds I was awarded 10%. Now I currently am still TDIU and gave up my SS benefits to go back to work one may think whats a 10% going to do for you? Well it took me from 80% to 90%. Why does that matter? I still have 4 service connections appealed on intial award from 2000. So not only will it factor into that but when the VA finally takes my TDIU because I work full-time again (although I can hardly do anything else in my life) it will help me to finally reach that 100% schedular rating. Hell I can't do anything outside of work, if I didn't work I'd be drunk all the time, I have 12 service connections, 3 of which severely disable me, who knows what old age brings me (only 39), you bet I'm going to fight to get 100%. Honestly if I could not withstand extreme pain and didn't go through the Marines I doubt I'd be working today. The decision I got yesterday obviously has not been published yet so if anyone would like to discuss my stradegy for getting the 10% feel free to post or email. Thanks.

I hate to hear those stories Bobby. My lawyer has a case know in the same limbo. Even though they have the expedited deal we all know it's BS. I guess I should be happy. I'm relatively young, not terminally ill, have two healthy kids, there is always food on the table, TDIU, SS award. Thanks for the post if gets my mind off thinking about myself. I commend you for helping Veterans. I thought I could do that knowing VA law pretty well now but I quickly learned I just can't stomach it. So I run a sports memorabilia store instead. I make people happy and people's livelyhoods are not at stake. :)