oldman273

Here is the response I got from the VA. "Since our last descion The only evidence reviewed was My normal office visits and the fact that I have had several increases of meds for pain and the MRI I had submited before they lost the claim is where I now sit. My combined rating meets the schedular requirement for entitlement of TDIU their rules deicide that no one Doctor has said I am unable to work yet I had a CMP for my heart which had the continued rating of 60% upheld during my last CMP. I am aslo unable to understand why they did not look or ignored the 2 MRI both ordered by the VA that showed a significant change from one to the other. I was also informed that my Employer who I had send in the forms twice last year for the TDIU that without the form I had no proff of being retired. The last day I worked was in May 2001. My SC disability vasular headaches was one of two reasons that I was retired. The other reason was PTSD which in part is an agrivation of the blood pressure problems I have had. I was in the Emergency room several times for Migraines but the VA is attempting to screw me again. Any help or advice would be a big help. As a side note got my EMG test back I have chronic right leg radiocupathy with chronic old damage according to the report. Again any advice I know pyramiding is not allowed but thanks again....

Thanks I got the news of my denial over the phone it was issued on the 24 still have not got the letter. I was told by the guy reading it to me the claim was denied on TDIU but he did not see a response to the new evidence I had submited. I also do not want it to go to BVA but I am not sure of what to ask for next I think you meant I can ask for a review? If that is so I will gather up all of my evidence with the time and date stamps and make sure they look at this. I should get it tommorow or Wensday. I thought I had my ducks in a row but I cannot answer your question on what it said. Thanks I will post it when I see it myself my have jumped the gun. I had looked up cases much like mine at VA website and thought I had them. Thanks again....

I need somebody to give me their opinion on what would be the best route to take. I am SC fo DDD about 2 years ago. I applied for TDIU and was turned down once resubmited with new evidenice the file was lost but found again and rated for what they wanted. SInce then my back has gotten worse with multiple MRI showing back is toast. Been to both Civ and VA docs both say Surgery is not an option too many risk involved. I have 3 herniated disc, artheritis, Nerve damage(verified by Nerve conduction test) sciatica. Left leg atrophy feet burn and toes stay numb. I cannot walk with out assistance of crutches. I cannot dress myself without assistance and medicine has been increased twice this year. I do not drive as the morphine makes me sleepy and I am not into wrecking and hurting myself or anybody else. I am on the ropes as they turned me down for TDIU as I am SC for my 60% heart 30% migraines and a couple of 10% totaling 80%. I know they will turn you down to keep you from continuing the claim I submited the above listed evidence and they said they lost the file and only rated me on the TDIU on the Heart and migraines. Tehy treathed to cut those benefits in the future as they are subject to rexamination. I am fine with that it is agrivating when they ignore the evidence of the multiple MRI and nerve test. Any thoughts please let me know. Adios..

Hello I am in need of advise. I am rated at 80% with 60% 30% 10% 10% 10%. I applied for TDIU last year and the VA claim was they "Lost" my file. Well I am at that point to not knowing what to do. If I appeal it to the VBA it will be forever. I want to keep the orignial claim date as I have been working this claim and do not want to loose the orignal date of Claim. I also asked for an increase in rating for my back but that apparently was also lost. I called the 1-800 number and was told today they denied the claim for TDIU. I was actually surprised that the guy gave me the information. My back has went through a lot of changes in 2 years 3 disc are herniated my leg has stoped working on me I have to use the walking sticks. The nerve damage is permanent according to the civ Docs they wanted to try a nerve stimulator as I am up to 3 doses of morphine a day and the stuff makes me really sleepy. I do not drive anymore. I have recently had a nerve conduction test which shows Nerve damage in my left leg (Sciatica) secondary to my sc back. I am pretty sure I will get an increase on the atrophy in the left leg and the nerve damage but the kicker is should I take the chance getting my file sent off to the VBA. Last time it went it took 7 years to get an answer. I sure would appriciate any advice. Not Mad just pissed I am trying to find out the right way to file this. Adiso and have a good day.

Hey VAF that was a great letter. I plan on running it by my Service rep in the Capital this next week as I go to try and get him to straighten out my current claim that has been monkeyed around with by 3 different clerks. I would ask of anyone there considering the letter you had what kind of chance do I have for TDIU when one of the 2 reasons I was disabled from SSDI was a SC condition? Just a question within a thanks for the letter. Have a good evening....

It was strange today I was going to ask if being on morphine for pain 3xday makes me sleepy and I was curious if that would affect my claim for IU. I am pretty much in the same boat as far as the NSC information will not help you at all. Thanks so much for all you guys help. Have a good day..

Same as it was before they awarded me problem I have had was in the past I got to sweating for no reason at all I knew my heart was acting up when i did that so now I think it may have goten bigger shoot that muscle is one I do not want to over work but so far I am still kicking. I just thought I had them by the short hairs but they have me right now. The only two CMP I had was for the IU claim was a hypertension exam and the Migraine exam no heart or anything else. To me they are cherry picking but maybe I can ammend it so they can go back and look at my back and I will have a shot at it. What worries me is that everytime I lay down my heart does this rapid hard beating but I keep waking up so I am good so far. I have the swelling in my legs but that stuff has been going on ever since my heart started acting up. Any ideas you or others might have let me know one guy at the VA clinic told me not to rock the boat but the way I figure if I got cut on something I figure I am getting better but when they do their best to deny deny that is what is what is just wrong. Thanks for your help I am going to knock off for tonight. One thing I can say is that the pain has cut my appitie way down I have lost like 60 pounds so far since March. I just have no urge to eat.....

Yes here is the break down 10% SC hypertension, 60% Hypertensive heart disease SC to my chronic Hypertension for 20 plus years. 30% SC Migraines (vascular in nature) secondary to Hypertension 10% DDD (Back) I was lowballed on that and 10% for Tinunittis I was applying since my heart has not gotten any better and actually had gotten thicker by the Echo cardiogram test results. My back had gotten worse and I figured that I met the reqirements on the IU but I have a lot to learn. I am going to have to write my own claims up I guess from now on. Shoot with the VA they try to squirm out of anything they can but I am not going to get into a rut about it. I just wanted to do something since my wife has had to use up her vacation time a lot this year to come home from work when my back goes out and baby set me. I have been falling a lot on account of my left leg going out on me. My civllian Doctor got me set up with a nerve conduction test next week to see how bad it is. I hate to rattle on but I wanted to lay out the whole thing for you to look at. It pissed me off they took the easy way out of it figuring I woul roll over and accept their descion. Have a good evening and thanks for any advice you can offer........

Hello I feel like a real idiot but here goes, I put in for TDIU last year in Novmeber. I got The usual denail Notice whihc I had figured on and went on to look at what I could fight them on. I made some progress with asking for an increase on my back since I had been lowballed but I am now an expert much like you all on this. What I found out today like a dummy was that the "Nice Lady" who helped me with the form in the office last year was that she listened to me describe that my heart was still giving me trouble and after a recent exam by the VA I was stayed for the 60% and figured it was going good. Now it appears that the lady wrote only hypertension not Hyptertensive heart disease in the box which list the reasons why you are apllying. What if anything can I do at this point as I Know that being at 80% I would probally need at least another 60% to get close to getting 100% and witht he VA nothing is going to go right with me. I have started the claim for my back with a civillian Nuero surgeon who wants to implant one of them Pain blocking electronic things in my body to stop or help the trhobing in my legs due to the nerve damage in my SC back. Any ideas or thought on this would help me out at thsi time. I have checked with SS but I was retired only for Migraines which I am serivce connected and PTSD which is not SC. I am sure someone has an idea on which way I should go. Right now I more mad at myself for not making sure she had written down everything I told her and not being refused for a simple mistake that I should have caught I hope it helps someone.

Hey Man good luck I had Hypertensin in service took me forever to get the VA to apply their rules to my case. I am SC for Migraines Hypertensive heart disease and I am having some circulation problems in my feet but I do not know how to file that one? LOL. I get pissed sometimes but my advice is to never give up if you do the VA wins and you end up beat up kicked to the Curb. I only put in claims that I can tie medically to the my condition. I see some people at the VA that walk in and they really need the help but are like me not sure where they should go. I wish that the local veterans affairs office would help out more than they do. I do my part when I can you hang in there and hopefully you can learn some things from others on the board. There is a wealth of infromation on this forum. If I can help shoot me a message. Have a good day....

Anyone got a line on the effects of hypertension and PTSD. What I have going on is that I am SC for Hypertension and the effects of this has dammaged my heart (SC) and now I am wondeing what the VA considiers when a Non SC PTSD affect my SC Hypertension. I am also SC for Migraines as result of Hypertension. I am no Doctor so my opinion is worth little value but the fact that I found this on the VA website 38 C.F.R. § 3.310(a). Additional disability resulting from the aggravation of a nonservice- connected condition by a service-connected condition is also compensable under 38 C.F.R. § 3.310(a). Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). Does this apply to my claim? What pisses me off is that when Veterans apply under their rules is that they pull out all stops to screw us. Just wondering if this applied have a good day..

Letter stated my case and the following Judgment The court has issued a Decision in this case. The time allowed for motions under Rule 35 of the courts Rules for Practices and Procedure has Expired. Under Rule 36, judgment is entered this date. Dated July 8,2009 I had my Lawyer who handled the case pro bono called me last month and said we won this one and it would be some time before the VA decided if they were going to appeal the case. I am wondering if the time frame is up and now the VA will remand the case back for another C/P exam without all of the bull they put on me for 7 years? My Lawyer is out of town on vacation so I was wondering if anyone has had a letter like this one? Have a good day I am hoping to get this thing wound down and Finalized. Thanks for any ideas.......

Yes Thank you I have applied last novemember and was turned down byt the VA in May. I was kind of ill that the VA did not even considier my Back as part of the claim also as I submitied the most recent MRI showed it had gotten worse. I do think that since I was retired on account of the Migraines and they were connected to my SC hypertension I had a case but oh well I guess I will have to keep the claim moving and alive despite the lack of depth the VA puts into their effort to deny claims. I hope you had a good 4th of July and have a good day

I was disabled from a civillian Job due to PTSD and Migraine Headaches 8 years ago. The PTSD is not Service related but after years of fighting the VA that my SC hypertension was part of the Migraines as they were diagnosed as vascular in nature. My mental Helath Doc at the VA in his opinion was that when the PTSD itself will cause the Blood pressure to increase resulting in a Vascular headache. I am SC for the Migraines and I put in for IU but was denied the first time. I was wondering how it would not be a factor in them granting me IU for the fact It was listed as a factor of me being retired from my civillian job. Any ideas as I know some of you might have heard of something like this. I am rated for 80%, 60% hypertensive heart disease, 30% migraines, 10% Hypertension and 10% for tinunitius. I have 3 issues that were recently appealed to the CVA and those were supposed to be remanded back for an opinion. I am trying to just get a grip on where I stand. I look forward to hearing from any of you that have an idea on this have a good day.

This is a topic I am familliar with because of my SC back and knees I have lost over 70lbs in about 3 months I do not eat do not sleep well interact with my kids as they get bummed out I cannot play with them like my neighbors do with their kids. It truly sucks I had just recently put in my claim for depression secondary to my SC back and knees. I had my shrink in his opinion tie them in to what I am going through been taking crud load of meds but I still do not eat or sleep well. I wish you luck with your claim. Only problem I can see is that they will try to put it off on a PTSD claim which is not service connected. I just do what my Shrink suggest and if one thing helps I stick with it. I have weighed the same thing round about for 4 years or so and now my family thinks I am trying to loose weight on purpose. I just have no urge to eat much less do anything else. I stay in constant pain with back spasm and the surgeons have said the way I am right now is about the best I am going to be. VA pain Managment is for the birds..

Rental I can tell you that the problem you have is not unusual. What I need to know is how do we get some relief from these opressive Doctors? Me I suffer from Artheritis and IVDS and both knees. I had my Doctor out on vacation last week and since I am also under contract (Which I Hate) I go by their rules. My back has given me fits with spasm and a lot of extra pain. I had been in the bed for the most part of a week it was bad when my back goes out. I call in to speak to them on their phone lines and I am told since my Doctor was on vacation I should take some Tylenol. I was so mad. I have no recourse other than firing them for violation of the pain agreement? What should or who should I call? I am at the point of being a snowbird and taking off to another country this fall as the winter kicks my tail and the way valid SC bad back veterans are all under the evil eye. I hope it works out but to be honest it is just as bad on the outisde. I am serioulsy looking to move to the Phillippines this fall where my buddie lives he says that a lot of veterans are able to buy their meds a whole hell of a lot easier there in the Pharmacys there than it is to get proper treatment here. Any ideas or advice I look forward to hearing from anyone. Have a good day......

Well here it oges I have been under this so claled goverment health care for so long and I am glad I get it do not get me wrong. I have a lot of things going on in my body none of them good. I called thsi week to speak to my Doctor about beign seen to increase my pain medicne. I am on morphine but it only works half the time at best. I had tried to get him to look at toher medicines for me but since I fit the profile young/male I figured he had to check me out to make sure I got my pain meds. I have a bad back hip tow kees that are all shot. I went to the Dorn VA clinic and had the MRI equiped Doctort who had the MRI installed on her hand so she felt of my back sent me home. Two weeks later I got an MRI at same hospital results my back is screwed up just like I said. Well today made the 4th week I have been traped in my bed or on the couch for my back. Cant sit up long or back will get locked up. I got a call from the nice nurse at the VA who realy is in the middle of this problem but my Doctor is on vacation again and no one will see me told to tkae tylenol. I had to cool off as I thought of other things I could do besides taking tylenol with morphine. I knwo why people snap after years of seeing the news I have been here before like many of you. I am thinkign about moving clinincs or should I just chunk the whole damn system. I am so frustrated. I got a mental health appoitment today he is going to earn his money. Hope to have any good ideas as I have been through this time and time again and it is not even worh braking a sweat about but this pathetic. Have a good day

I need help with wording this claim the right way. I have artheritis in my back from a SC injruy. I do have the IMO for the Artheritis which has shown up on MRI and bone scans. I have tired to look these conditions up on the Va Web site to get a clue on what to claim. My local va rep is a good one but we just have not had the same schedule. It is aggrivating when you know what you want to claim but with the VA if you do not ask for you will not get it. Most of the itme you ask for it and fight like hell for the claim you have. What I have going on is SC Degnearitive disc disease that has progressed to IVDS as to the progresson of the disease. I have artheritis in my back that has been cited as a result from the SC back condition. I appriciate the help.

Thanks for the infromation I had my case go all the way to the highest court being the CVA in DC will it automaticaly have to go through all of this again when the court pushed their previous arguments aside? I was just curious as I thought that they had the last word on it but I may be wrong. I also read where the VA will offer to settle in a case is this a common tatic with just 7 years of Back time? I have been lowballed before so who knows. Adios and have a good day

Welll that is what the board is for to get others opinon on what they had to endure. What went on with my case is that my claims went through the normal process deny deny deny for 7 years from the date of claim. I had the VA Nuero Surgeon who opined that my claim for knees and hip was more than likely a result of my inservice injuries. It went from one board to the next higher board until it went to the US court of veterans appeals up in DC. What they did was look at every bit of evidence that I had that was ommited and have in their words remanded it back down for it to be handled in the Most expedient manner. I will not hold my breath much like you siad but all the other rullings that the other various courts had been smashed due to the denial of the facts. I for one agree that more denials are no doubt will try to raise doubt but from what my Lawyers told me is that it is going back so I will let you all know how it goes. I do thank you all for the encouragement but only time will tell. I look at it if I win more back pay for me but the kicker is that my Civillian Surgeon said after last week that the knees and hip are shot should look towards a hip kneees replacement in my future. I have forwarded that on to both my Lawyers and the VA. Have a good day..

Well it took me right at 7 years on a claim for Bilaertal knees and left hip along with Artheritis in all three joints. I won it on account of several bad exams that glossed over the facts of the case. I was told by my pro bono lawyers that the VA had 90 days to appeal but for the fact it was going back for C/P exam with all the facts now known I look for getting a exam notice 89 days from now. I am happy to have the case looked at based on the facts. Anyone got an idea on a case like mine? I will also admit to all it is a tough battle and mine may not be over but never give up. Have a good day..

How exactly does the Cvac settle a claim? Reason being I had one that took about 7 years from the date of filling it until it just got finnished with the Pro Bono Lawyers group represnting me also. I was just curious...

Hey there war eagle I am in the same boat as what I can tell you is what I had. Last year was rated 10% DDD of my lower back L5 S1 Post lamenctamy. I am sure some others will help I ask what is your ROM as that is the key and if you have a civ Doctor or VA Doctor that would order a Nerve conduction exam to get an idea on how much damage is there I would like to hear from you what you results you get. I have the numbness in both legs and feet burn like crazy no relief. On your appeal if you kept it going you could ask for a higher ratting based on your current condition. If you let it go a year I think it is done and over with. Get a new claim in for an increase. I am doing some pool theraphy but it is still too early to give my opinion. Go the spine repository on this board Rental had did some really good work putting that together. I know it is agrivating as all get out with your back but take soem time find out your best appeal and shoot that thing in so you can get some help with your sittuation.

Hey There I am doing the same as you but I applied to have my back rated for an increase since it had gotten worse. I think the correct diagnosis is IVDS but I will leave that to my Doctors since I cannot diagnosis things I can only match up what is going on in my back. From what I have read "Not Being a Doctor so it has no bearing other than I have the same issue here it goes: You start out with a generalized ratting for DDD if you had an injury to your back was service connected that is. With DDD it is degnerative in nature. It progresses with or without surgery and to my knowledge it goes on to a 20% rating. What my back has done to me is that I have L5 S-1 herniated with the two disc above that one pushing or bulging out and I have some nerve damage also shown by MRI and some sciatica down both my legs and my feet burn all the time. ROM is the gold standard for rating purposes. If you have a chance check out the spine repository it is awesome. I would suggest use the civillian Doc and try to get all of your records and prepare a list of the condition of your back and how it has progressed. I had a member of the board suggest this and I am working on that myself. Just a thought. I can tell you what has helped me is of course loosing weight and doing what the doctors say. I can also tell you that your back is like a deck of cards once you have trouble at the bottom the whole house can fall so please take notice of what kind of things are going on . I have some numbness in my hands I am afraid that I have some activity in my upper back so I say stay sharp and do not be afraid to tel them all of the things going on. I wish you well and these people on the board will help you. Just stay cool and remember the VA will not give you nothing you have to get your ducks in a row much like life. Have a good day

Hey I got this problem. I always get the same Nurse Practioneir (who thinks he is a doctor LOL) who on several occasions has low balled me on every ocassion where I had to appeal his descions. I am asking for a rate increase on a SC injury that has gotten worse. What are you guys thoughts how do I bypass this thorn in my side? I do not know how to aviod this guy as he has even shotdown the VA nuero Surgeon whose opinion was that my knees where a result of my service injuries. Any thoughts as I have to submit this soon. I know that there are rules that they judge us on and ROM are factors but this guy is a machine when it comes to my cases. Adios and take care.......