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waynewal

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waynewal last won the day on December 26 2020

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  1. Thanks for the input on the EMG - I guess it bothers some people and others not so much. Will have to see what they follow up with. UPDATE : Took the exams listed in original post on Dec 22nd Received no input from LHI in Milwaukee into my records. DBQ MUSC BACK (THORACOLUMBAR SPINE CONDITIONS DBQ NECK (CERVICAL SPINE) CONDITION DBQ NEURO PERIPHERAL NERVES CONDITIONS EXCEPT DIABETIC NEUROPATHY DBQ MUSC SHOULDER AND ARM CONDITIONS CPT 90354, CPT 99090 LHI called and scheduled me for another DBQ MUSC Back (Thoracolumbar Spine) on Jan 14th. I dont understand why I am getting a repeat exam. Talked with the Vet Service Officer from office working on my claims and tried to get a copy of the those exams, but they are apparently holding the results for a redo of the back. It's a 'bear' on the and neck back for another two hour card trip, but am sure I have to go. Will update later. Input always welcome
  2. My take is that it's only the beginning, but at least the exam done. There were previous xrays of my back, neck, etc - but am pretty sure none of my shoulder - am sure they will send me in for that. There was talk of VA maybe doing an EMG for neuropaty - heard of it and dread it. Merry Christmas to you and your family!
  3. Thanks - the LHI did the exam. It went well. HAd an hours drive fom my house but again, went well. NO forced movement of limbs. VERY pleasant Nurse Practitioner. VERY thorough but respectful. Did not over verbalize so she asked questions to make sure all symptoms and limitations were documented. Thanks for the help here. Will see how the TDIU is received. Will post when I get answer. Thank you very much for help! Am sure it isnt over yet.
  4. Here is something from another web site re: VA puling the 'sedentary employment' thing. https://www.veteranslawblog.org/va-tdiu-benefits-sedentary-labor/ "One of the VA’s favorite reasons for denying TDIU is that the veteran is able to perform sedentary labor. Here’s how it works. In a situation where you are unable to get and keep substantially gainful employment because of your service connected disabilities, a medical examiner will often write in a C&P opinion that you are able to perform “sedentary labor.” The term is never defined, but the implication is clear: the C&P examiner thinks the veteran can do some sort of “desk job.” The VA examiner never says what kind of work can be done. He never explains how the veteran has the skills, abilities and training to perform the specific type of work. He never explains whether there are such jobs available where the veteran lives. The VA believes, I suppose, that as long as the veteran’s butt muscles are not the cause of his service-connected disability, he or she can sit at a desk and make a sustainable wage. Here’s the thing. None of that is the law. In fact, the term sedentary labor is meaningless in your VA TDIU benefits claims and appeals. And when I say meaningless, I mean that the VA should never use the words in a decision denying TDIU. The term appears in the VA’s Adjudication Procedures Manual (aka, the M21 Manual), at Part IV, sbpt. ii, ch. 2, sec. F.2.d (beginning sometime in 2015 through the original writing of this post in July 2019). The M21 manual says that medical examiners may “comment regarding what kind of work tasks or work environments (if any), to include employment that is sedentary in nature and employment requiring physical labor,” veterans can perform despite service-connected disabilities."
  5. Thanks for all that input - will see if I can find the tdu manual you mentioned. The chiro i have been working with for a number of years (actually 2) did an extensive exam with all the twists turns etc for a full exam. Second guy had already submitted the treatment records a while back. It was submitted to the VA with the TDIU claim. I cant sit or stand for long. Shoulder problem makes it hard to reach. Cant lift things overhead (right shoulder with SC disability). Sciatica on right side back pinches pretty dang bad without weekly treatments. Neck doesn't move worth a darn left and right, up or down due to the spinal deterioration. Just looking down at keyboard to type hurts the neck. Cant lift a coffee cup into the microwave over the stove without pain in the shoulder. Problem is not sure how much to volunteer. Couldnt ski since the 1992 LOD. Had to sell fishing boat as couldnt get it into the water and out. Same with hunting. Not sure how to relate to not working. Left military 1996 - 5000 hours hello time plus NVGS on the helmet - no wonder my neck is screwed up. Never mentioned that in the claims.... Retired from airline in 2015 cannot be a PIC after 65 of air carrier, can't get a medical back due to non-SC retina separation and repair. Worked a little real estate for a year or so - but cant really drive around a lot ortalk with people due to throat/voice problems from the tongue cancer - but that's not SC. Have EMT license but cant lift people. Wake up 2-3 times at night most nights due to sleeping on neck, shoulder or back wrong way - have to get up. So that is something I will make sure they know. Thanks for the input and listening, Will go in tired as usual since wont be able to sleep and hope I keep my cool. They said in the letter dont bring anyone so I have to drive an hour alone which is a real pain. Wife usually helps drives the longer distances. Hell, cant even sit on mower to mow lawn in summer due to back and neck stuff. Sucks to get old an decrepit, but lotsa people would give a bunch to be this good. Thank you very much!
  6. It was actually submitted to the VA and in the proces of all the visits and ruling, apparently someone misplaced the claim. Will work with VSO to correct that or maybe it's time for a lawyer... Thanks for the reply!
  7. wre: SC for fall. The incident was an LOD an is a fully documented incident and approved by COLO NG office in 1991. I think I will have to get in and do an appeal as they are saying there is no SC. "Service record dated 10 July 1993 (my note: accident was July 4, 1991) shows complaint of left hip . (Note - shows denial). Problem is getting a doctor to say 'more likely than not. Denial/award letter was dated 8/11/20 - I think the VSO is falling down on me about this. THIS is something he should have caught. Part of the problem is that even though I got treatment thru my insurance company for chiropractor visits. Two of the 3 chiropractors I have been seeing over the years say that it is difficult to determine if the current condition is a result of the fall. Short version: was on an AH-1 up near the head using 'kickout steps' do do a post flight. Started to come down and hand slipped on grease on head. Fell horizontally and hi the wing, bounced or rolled onto the TOW missile rack, then the concrete. Broke wrist, hit head. Have a small disability for left wrist. Since it was broken and on record, and had a VA exam in the last 2 years. Problem has been no one wanted to review the Method of Injury. I did not want to be a whiner then (and now) and although I had back and some neck problems I felt stupid applying for anything as I could get along okay at the time. Stuff bothered me more as time went by and finally after retiring from airline and 5 years went by hurt more and more. VA was sent xrays of back and neck from my back doctor (who retired and cannot contact him) and 'invited me' to apply for disability for back and neck. Did so and went in for an exam. Thanks for referring me back to the award/denial letter will have to either get the VSO to appeal or find a VA oriented lawyer from HadIt or Veterans Law Blog and try to get hooked up with a local doctor. Did a quick review of the recent full exam I did with the chiropractor a couple weeks ago for the TDIU application.. He states on his findings page that " In my professional opinion, based on patients history and examination findings, that Mr. W***** injures could be a result of his accident which reportedly occurred while serving in the military, while on active duty." That is as close as I have gotten anyone to write that. Thanks for the help - I will be searching the site for anything on TDIU exam, ie, what to talk about - what NOT to say.... Thanks very much for taking time to reply. Have to get back on this - but hard to motivate with the pain and general 'ugh' feeling.
  8. Am 72, retired, Vietnam Vet, 4 years active 23 years active reserve and NG, Military pension. Had HPV-16 virus in tongue and applied for AO connection but was denied. Getting SC 90% disability for: Tinnitus 10%, Agent Orange diabetes II 20%, left and right hand nephropathy. 20% each. Lumbarsacrol strain arthritis of spine, inverterbrae disc syndrome and lower lumbar spondylosis 40%, SC for radiculopathy was 10% for both feet then denied as being pinched nerve from back that was not considered SC. In the military, fell off a helicopter (AH-1) while postflighting. Fell on left side bounced on wing, then metal weapons pod, and then concrete. Broke left wrist, Worked my way back to active flight status and left unit after getting static about passing an alternative PT test. Went to Reserve unit and just toughed it out till retirement. Went to chiropractors from 1992 till present to stay flying with Reserves and airline till retirement. Still seeing chiropractors. Even though have documented hip problems, VA says no record of diagnosis on active duty or reserves status so denying service connection for post service pain and disability. The Veteran Service Officer working with me from local County is directing me to go in for a TDIU supplemental claim, as with my 40% and other disabilities I would qualify for TDIU. Originally told me that it was a formality since I had all the 'requirements' - but VA now bringing me back in for a full exam. Is this normal? Any advice on what to bring up or not? While in constant pain from back, neck and shoulder - I feel stupid for doing this with already a 90% rating with all the guys and gals with WORSE conditions than I have. Plus am retired already with a pension. Anyway the items they will check are below. I will try to look up the number here on the web site. Thanks for any input, guidance of what to bring up or not during exam. DBQ MUSC BACK (THORACOLUMBAR SPINE CONDITIONS DBQ NECK (CERVICAL SPINE) CONDITION DBQ NEURO PERIPHERAL NERVES CONDITIONS EXCEPT DIABETIC NEUROPATHY DBQ MUSC SHOULDER AND ARM CONDITIONS CPT 90354, CPT 99090
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