Rivet62

I am not working and haven't been, but oddly enough I just received a second notification of eligibility for S-DVI minutes ago because of a new service-connected disability. Another 10% but it doesn't affect my combined rating. I could have done this earlier at the initial combined rating but my head was swimming between VA and SSDI. I may have to wait until I get the award letter for the new service connect, before I apply to this.

Makes sense. Thanks.

This is a good question for people who live far away from their VARO. My claims case remains at the VARO of my former state of residence. Can I go to any VARO to see my C-File?? Maybe I can call 1-800-Peggy for the answer.

I've noticed that Ctrl F works on some PDF files but not others. I'm not sure what the difference is. Different program versions maybe. I'll search the internet on this because I am putting together records for supplemental claims. I like Brokensoldier's idea of creating an executive summary style submission of evidence. It would be so nice if I could get Ctrl F to work on text box notes pasted on top of non-OCR docs within a PDF. I don't think it can work that way. I think I can embed links to existing tags within a PDF document. I'll have to work with it.

When is it appropriate to contact this office? At what stage of things can they get involved?

I was under the impression you could not apply and receive both the OPM disability retirement and Vets disability at the same time.

"The Board must consider entitlement to TDIU where Appellant “submits evidence of a medical disability and makes a claim for the highest rating possible, and additionally submits evidence of unemployability.” Roberson v. Principi, 251 F.3d 1378, 1384 (Fed. Cir. 2001); see Comer v. Peake, 552 F.3d 1362, 1367 (Fed. Cir. 2009); Rice v. Shinseki, 22 Vet.App. 447 (2009) (holding that a request for TDIU is not a separate claim for benefits, but rather involves an attempt to obtain an appropriate disability rating, either as part of the initial adjudication of a claim or as part of a claim for increased compensation." This law about inferring does not seem to apply at the RO level, either. Since VA was kind enough to make me start my claims all over again at the RO, I can only wait for yet another BVA hearing (in which case I am sure to get my TDIU, if it's not already made moot by 100% P&T by that time). My attorney is attempting TDIU through a supplemental claim in response to an SOC. I think that will get kicked out based on our not submitting a VA Individual Unemployability Form 21-8940 (for TDIU) at the RO decision level. I think the only thing the RO can process is the VA Form 21-8940 once submitted. Questions of law and how they're applied (in this case, inferred TDIU) is at the board stage. That's how it appears to me.

But this does not apply at the RO level, it appears. Since VA was kind enough to make me start my claims all over again at the RO, I can only wait for yet another BVA hearing (in which case I am sure to get my TDIU, if it's not already made moot by 100% P&T by that time). My attorney is attempting TDIU through a supplemental claim in response to an SOC. I think that will get kicked out based on our not submitting a VA Individual Unemployability Form 21-8940 (for TDIU) at the RO decision level.

EXACTLY. Too much confusion within VA's own offices about Legacy/AMA. Simple check box and they ignore it. Smh

Would this same reg apply to inferred IU?

Well, I'll follow your journey to see if and/or how you correct it. It's a heck of thing to expect an award letter after a hearing only to be told you get to start all over again. It's good you recognized it and took action before damage occurs.

Ahh MEK... yes, that and a lot of fiberglass dust. I tried looking up MEK to determine whether or not it had been banned over time. I don't know. But it seems to me that you don't need to find someone you know who worked alongside you. Try to find 2 or more people who did the same job even if it was on a different ship. You can draft a letter and they might alter it to suit them but they'll sign it if the letter is true to their knowledge. I would use 2 or 3 in the same occupation, if you can't find 1 eyewitness. The NIH link that points to the BMI standard referenced in my lay statement is this: https://www.nhlbi.nih.gov/health/educational/lose_wt/BMI/bmicale.htm It is no longer online. So here, I'll try the Wayback Machine (Internet Archive). It is not indexed on the Wayback Machine. So I did a search for the subdomain and domain name and found links to the BMI table. Here it is: https://www.nhlbi.nih.gov/health/educational/lose_wt/BMI/bmi_tbl.htm The pathologist used her expertise to make the statement that I was physically out of range for my AFSC(MOS) based on my BMI (Body Mass Index). I believe a physiatrist can do the same thing since their expertise is musculoskeletal. They are spine specialists who can determine or opine causes. The difference between a physical therapist and a physiatrist is that the physiatrist went to medical school and did the residencies and internships which make the physiatrist an M.D. My own VA primary doctor is referring me to one, in which I will get my measured range of motion tests using a goniometer in addition to preliminary pinched nerve assessments. The greater part of your back claim(s) rely on measured range of motion using a goniometer, not eye-balling. Anyway back to the BMI... You look up your weight and height to get your BMI then do some research to find out if you were bearing too much... but it's not a difficult thing to ask an M.D. to give a general opinion that you carried too much weight based on your BMI. Most any specialist or doctor would be willing to give such a generalized opinion. It's not like you're asking a doctor to commit to saying "it's caused by service" or stating "at least as likely as not" when you're not even their ongoing patient, but if you do ask that doctor they might want to charge you a lot to pour through your records. I will post a scanned copy of that M.D. lay statement so you get an idea of the wording. You'll notice that the pathologist is clear about where she was educated and where she did residencies and internships. Credentials are required for these kinds of statements to VA.

This part scares me. The confusion between Legacy and AMA caused my BVA hearing to be dismissed. I received the dismissal letter 5 months after my hearing. I posted the letter for all to see here on Hadit. The post is titled Docket Error, Dismissal after Hearing... or something like that. Three errors occurred that caused my hearing to be dismissed. First error was by my attorney, and then two more errors by VA. There is an extraordinary amount of confusion between Legacy and AMA it seems. I've been reading about it on various websites and forums. Just be very, very careful. What you're stating is how the errors occurred in mine. My attorney followed what he thought he should do based on what was told to him by VA. They took the Legacy NOD and said "no you have to file the AMA disagreement form" and he did, then later it was ruled as an improper way to opt into AMA. The best way to opt in is to use the official way to opt into AMA, not some backdoor method that might ultimately have your hearing dismissed on technicalities. They are really trying to squeeze legacy out of the pipelines. Ultimately my dismissal letter says that I am to return back to the position of legacy, by responding to the SOC I received which was dated just 9 days after the dismissal letter. Now we have the opportunity to opt into AMA properly, but I lost 2 years waiting for my BVA hearing that only got dismissed.

I honestly don't know how I succeeded in getting my back service connected, and just 10% but, despite not having medical evidence (except for here and there...maybe having seen a doc 3 times in the span of 30+ years), I think it was because an M.D. (an anatomical forensic pathologist) simply pointed to NIH standards to show that I was physically out of range for my AFSC(MOS) together with a lay statement from someone higher ranked than me who worked alongside me on the flightline 30+ years ago who stated the approximate weight of my tool box and power tools. He also stated that the aircraft was difficult to work under causing the body to twist while exerting. Honestly, I never could have believed I could get service connected but I did have in-service records of the complaint. I don't think I could have if there wasn't a complaint in-service, since I had so little medical evidence in the intervening years. I submitted 5 lay statements to help bridge the gap and by golly it worked. Current diagnoses showed a logical connection of "at least as likely as not."

Ha! No wonder my attorney added foot drop to my claims. Geez he knows more about the unattended progression of my condition than the docs do it seems... or, like you I'm getting bumbled care. What you're saying here is identical to my situation. Wow... scary.

When I filed my original claim I expressed the issues in generalized terms. Back pain, altered gait, uneven hips, etc. So, based on my in-service records they gave me the broad brush treatment of service connecting me for the most analogous condition of disc degenerative disease (DDD). My pelvic tilt issue (altered gait) was evident in service, but the RO stated no complaints found about the issue and so compensation was denied. Well now my claims look like this: DDD nerve compression at L5 causing Trendelenberg gait. My point is, if I had submitted a fully developed claim at the start then my issues would not have had to be stated so broadly. If it were fully developed to my satisfaction then I could take all my issues with medical records, independent medical opinions, exams, and all the specialists needed to arrive at one thick file and state my issues succinctly. Instead of altered gait, I could show the specialist's diagnosis of Trendelenberg gait as a result of L5 nerve compression. See what I mean? I got service connected first and that opened me up to a bunch of secondaries. It opened me up for arguing for more and more and more. The DDD issue that I am service connected for doesn't just stop at L5. It's my whole spine. You want to get your 100% all the way back to service, and you believe you should. So go ahead. Maybe you need an attorney. I am very new here and learning, but what I've said here is based on my attorney's approach, and from what others have said here. In other words, I understand what my attorney's strategy is based on what others have said here, specific to my claims. I'm learning.

Wow. Congratulations. I like the career ladders in government work. It's pretty straightforward, I think. But yeah you'll probably end up a GS12. Remind me please. What exactly does VSR stand for?

If I ever arrived at 100% P&T I would use my bachelors, somehow, maybe at a VAMC in something

I think I may have found the answer. A physiatrist. In fact, one of my neurosurgeons recommended follow-ups with a physiatrist. My own primary care doctor has suggested seeing one (I have an appointment with her specifically for the referral to a physiatrist. In a nutshell, this is what a physiatrist does, including measured range of motion: "Physiatrists are Physicians who specialize in treating musculoskeletal conditions, such as issues that affect the bones, joints, nerves, spinal cord, muscles, ligaments, and brain. The work of a Physiatrist is often confused with Physical Therapy or Orthopedic Medicine, as they help patients deal with pain and mobility problems. Unlike Physical Therapists, Physiatrists need to complete medical school and residency training. As with Orthopedists, Physiatrists often treat back pain, neck pain, and conditions related to physical injuries. However, they do not perform surgery." Source: https://www.owlguru.com/career/physiatrists/#:~:text=Physiatrists perform physical exams of patients to test,or disease on their mobility. Develop Rehabilitation Plans

Rant: The difficulty is made more apparent when a Functional Capacity Exam requires a physician referral for specific diagnoses, complete with ICD-10 codes, even if I pay out of pocket. So, I have to seek conclusive diagnoses first on several areas of the body, which takes time to arrive at. This is not like a general physical exam that would include range of motion tests. I'm just letting everybody know that it can be quite difficult to get those measured range of motion tests to counter the eye-balled C&P exams for range of motion. Post rant: Eureka! I have discovered the purpose of a physiatrist. They do measured range of motion. My own primary care doctor is scheduled for the referral to see one. This way I can get VA to pay for it. She recommended it, and one of my neurosurgeons recommended it too. I AM ON MY WAY

This may be just what I need for service connect on my degenerative arthritis, which was denied in both my initial claim and SOC. It's an option.

I looked up the Voc Rehab opinion under Ch31 and I found this: "Basic period of eligibility There is a 12-year basic period of eligibility for VR&E services. The period begins on the latter of the following dates: • Date of separation from active duty • Date you were first notified of a service-connected disability rating" This is a PDF found here: https://www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/Ch31FactSheet.pdf However, further down the page it says "entitlement" for service connected disabled veterans at 20% or more. I'll call the VR&E office to see what they suggest, since I am looking for an opinion only and not wanting to pursue re-training.

I did a medical resignation at the VAMC where I worked briefly. My doctors had supported requests for time off as paid sick, unpaid sick, LWOP, and FMLA, and finally the resignation. I was vested as well, but I did not look to the VAMC's disability benefit, because my SC issues occurred long before my attempted work at the VAMC. I know I couldn't draw from both. Someone correct me if I'm wrong, but it would seem to me that your path to raising employment difficulties after retirement might be a functional capacity exam and impairment rating. I complained about having to do all of that just to acquire measured range of motion tests. It seems physical therapists offer 'a bundle' instead, which provides far more than I believe I need. In your case however, it could help to establish your actual functional capacity along with a recognized impairment rating. Then, if you couple that with employee lay statements on how they assisted you, then maybe you can raise the issues of SC conditions interfering with work, together with your leave balances (paid sick, unpaid sick, LWOP, and FMLA). Then, if you top all of that off with an independent medical opinion (IMO) it should help. You can get more information on your questions by looking at VA's claims development and evaluation guides (Someone please correct me because I know botched the description). I think it's called Veterans Benefits Manual, which shows what evidence is needed, claim development and evaluation. I'm new here, and still at the bottom of the learning curve. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018

I'll look into this. Thanks.

Fantastic advice. I am at this stage now. Yeah and unfortunately my attorney's paralegal assumes a gatekeeper role to whatever I might inquire about in the VBMS. It was like pulling teeth, after several requests. Finally, I mentioned getting a copy of the C-File. "Oh I can do that," she says, "just fill out this electronic request form and I'll submit it." After a few months I call 1-800-Peggy and no record of request. So, a few days ago I made the request myself in writing and sent it to the appropriate address given to me by 1-800-Peggy. The paralegal has a lot of experience in SS claims and next to zero in Vets claims. It's hard for her to budge when it comes to wanting C-File info and can't understand why I should want it when the attorney is handling all of that. Weird huh? Without that info I can't do anything for myself and my attorney is too busy to micromanage my medical stuff.