oldman273

Thanks from what I had been told by calling the 1-800 service number that my claim was already dispatched back to the BVA. I had hoped that the VARO would have worked up my claim issues as they have had everything needed for about 6 months. Who knows where or when my claims will be done but the BVA has not finnished with my claim the number of issues or mistakes that the VA made on my last C/P exam are enough to file another claim of CUE on my last C/P exam on the claim remanded down from the BVA to the VARO. I am waiting on the law group who took my claim at the BVA originally and took it to where it was today to see where we go. I will probally be going back and forth with IMO for another few rounds. Thanks for al your advice. I can at least check the letter generator at E Benefits and see if anything pops up. Thanks for the heads up on the NOD as I had written I was lucky to get a group of lawyers who help veterans who were at the same point I was but I will ask my lawyer if he knows that rule you mentioned. My Lawyer has did VA claims but never one that had taken this long. Again thanks and have a good day...

Hey I got a question for any of you I have a rmenaded claim from BVA the VA has finnished up all of the exams for both my currnt claim at the VARO and the claim that was remanded to the VARO from the BVA for further examinations. I have a claim in for P&T disabilty, Aid and attendance, IVDS and Sciatica. I had hoped that the VARO would make a descion on my claims at the state level before my file gets shipped back but how they do stuff and why is beyond me. I know that my claims folder was at the VARO/VA hospital when I had my C/P exams. I asked for a DRO hearing on the issue of IU but have not heard anything else. I also have the claim again at the local level I have a claim for Tempoary 100% for the time I was recovering after a 3 level lumbar fusion in 2009. Thanks for any ideas on what the VA will do. Thanks and have a good day

I also am happy for your family I have learned something new again off the forum I just always check my status of my old and older kids, I mean claims they have been with me longer than my youngest have walked the earth. I say pre celebrate but really start inviting family over to celebrate when you get the hard copy. Good luck

Yes I agree I had a law firm that helped me with the inital appeal and I have contacted them as they had did a lot of work probono but I lost my lawyer when she left and did not get another contact until here today I sent in the forms the VA had sent as well as all of the last letters evidnce the last Rep had done for me. I was told that they only fought it back to the remand. I checked in with a new person and they assured me that I should hold off on paying for IMO untill they got my file read by one of their Surgeons. I was lucky I had thought I was on my own again. I will wait and see what they can shake out for me. Thanks for chiming in with Ideas I appriciate it. Have a good evening..

No thanks you got it right I am sorry for the long response but I had not had a lot of sleep this weekend my back has kept me up a lot. I was denied on appeal that my Service injuries that I had on active duty and the VA Implied that I was retired from Injuries from a fight I got into as a sheriffs Deputy. I was forced to retire for other reasons and the knees were not injured in the fight. I won a remand from the BVA back to my VARO for a new look at my knees. I had twisted my knee in boot camp and lacerated it on the rocks. I again hurt my knees multiple times while in USMC all documented in my SMR. I had a C/P exam before the claim went to the BVA even after a VA orthapedic Surgeon wrote that my Injuries on active duty had at least 50% to do with my SC claim. The VA had another exam where they reputed the first exam as the Surgeon did not have my Claims folder present during the exam. I simply laid the facts out and got a remand at the BVA. Now my problem is how to word a rebutal but I am going to need another IMO again to answer thier last exam. At least the heat is on and I can get some relief. I am moving somewhere warmer this fall last winter left me housebond and miserable. I am sorry I went on with a rant but I do not have many people other than fellow vets that can understand what you go through with the VA. Thanks I hope this reply laid it out better than before.

The claim was remanded back to VARO from BVA as the VA tried to say I had hurt my knees at work but I was retired for nothing related to my Knees. The remand was for further evaluation as I had documented injuries to my knees several times and the C/P Examineir was incorrect to imply I was retired for an injury to my knees. If it were not such a struggle everyday just to get up and down it really gets my BP up when I read the report. when I won a remand in 2009 I was at least in high hopes that along with both the VA orthapedic surgeon who did the inital C/P exam that my knee injuries were at least 50% or more a result of my current knee problems but again here I am I had like 10 things or errors that the VA had commited but they are dragging this out again. I was not surprised to see a negative report just caught short on the blatant errors again. What really ripped me was again no Measurement taken. Inferring anything other than the fact I was hurt in service several times with no prior or entrance exam coming into the service with knee problems is I guess their best shot over the bow. I have so many things I have caught the VA simply being wrong on it scares me that the VA is responsible for my health care. If I went on too much sorry I am just glad I got a reply. Thanks I hope I laid it out. I know that the BVA looked at my claim and saw the VA was adding and taking out what they wanted. My SMR reads like a book injuries dates time buddy letters from people I served with Civilian Orthopedics IMO constant pain Opiates for pain daily Thanks for checking in I just needed some advice on what to go forward with facing the VA. Uphill is the natural way with the VA. I have the diagnosis that the VA just did going to my civillian orthapedic surgeon to see if he will give me his thoughts on a counter argument. Have a good evening I hope I answered what you needed why the claim came back from the VA. Thanks

Well since non one had any advice I wanted to share the following several mistakes that were listed on my results for C/P exam. I was scheduled for the C/P for both knees and hips for the 9 year old claim Results were a disapointing at first the Examiner stated in her report that my injuries in service which she read from my SMR health records did not show that my knees at present time result from my imjuries in service. I expected a hatchet job but the Exam never used the device to measure ROM during my exam? I had read on this forum that ROM in a C/P exam must be measured by the device not just eyeballed am I correct? Extension to 0 degrees on my left leg which was where the loud pop came from and and the following measurements were off the report: Flexation to 110 degrees extension again to 0 degrees abduction and adduction to 30 degrees each internal and external rotation to 20 degrees each with repretition. I only did the movements 1 time as she did not touch or ask me to move them again at any time during the exam after my knee cracked at he begining of the exam. I had to get Xrays afterwards which killed me. Xrays showed Mild patellofemoral creptus Mild knee arthritis Xray of the hip no arthritic changes per the xray report. Diagnosis Chromalacia Patella /anterior knee pain of bilateral and left trochanteric Bursitis not likely as not the result of his military service. It was stated I had the surgery to remove a meniscus while on active duty and it is noted to cause arthritic changes however too soon to have been from the surgery. but not so bad that it effected my other joints. I never had the surgery while on active duty and I never implied that it was. It is this kind of wrong issues that drive me nuts. I had my first C/P exam where a VA orthapedic Surgeon wrote that based on my injuries and the facts I had stated it was his opinion that my injuries while on active duty had lead to my current knee problems trouble was he did not have my SMR but every injury and surgery I had I explained to him at the time. Now I guess I have to go get another IMO as I am not giving up. This case has drawn on for 9 years by constant mistakes and was remanded from the BVA back to my VARO for them to screw it up again!!! Chromalica Patella is defined as runners knee for a better term but I would guess that the C/P Examiner being as a last year med student yet to start her residency yet might have missed that? I google what I can but my thoughts are not based on anything but other than reading. I njured my knees with some serious accidents but everything I say they turn it around. I try not to say anything as when ever I do it gets turned around at these inquisistions. I injured my knees 3 times while in service once while in boot camp R knee Laceration requiring stitches and twisting and swelling. Knees would swell up when I ran or stood for long periods of time. A non resolving soft tissue injury from a jeep wreck to both knees in a jeep wreck where both knees impacted the dash of an M151 Jeep dash board and left knee was twisted in a PT run as well all while on active duty. I explained ice and elevation but my knees continued to get worse as time went by everything is black and white that this is a hatchet job but all of the findings show injuries and constant trips to Sickcall with knees. I know many of us Veterans have ran into this but any ideas? I also had an IMO from a civillian Orthapedic Surgeon that stated my knees were injured on active duty and traumatic injuries of the type I had were consitent with arthritic changes. Sorry to vent but that is how this board helps me. I cannot do normal activites as others do and I just feel like they are covering their rears just to make me give up. If anyone has nay clues as to what all the terms were I would sure appriciate any advice. I know I might be able to argue knee surgery was carried on active duty but that was another mistake on the examiner part but just need to know how to word my rebutal to another knife in the back by the VA. Again Thanks and have a good day.

Hey T Bird I used one prior to my 3 level lumbar fusion Loved it. Now that I had the fusion I am not able to use it my Surgeon said no so I took his advice. If you PM me I will share more with you. I am moving and getting red of most stuff here so PM me. I bought mine used but it is a great set up high dollar unit bought it in hilton head SC on vacation and I got good results when I was able to use it. Adios and have a good day....

I agree I have had 3 surgeries for my SC back and the best pain management has been civillian Docs. The VA are so afraid the DEA they deny chronic pain because of other Vets who have been arrested for selling their meds on the street. This was told to me by VA Doc I told him I have chronic pain he told me to go to my Civ Surgeon and I had my 3rd and last surgery on my back a 3 level lumbar fusion. Winters are hell for me with the meds I am moving somewhere warmer for the winter this year. I refuse to be at the mercy of the VA but I am young and even though I am SC the VA has never been there for me for my back. Apply for P&T for your back with an IMO. Also look at how you can apply for chronic pain secondary to your SC back. I am waiting for all my claims to be done and I am going to see where I am % wise after the 4 issues are done with. I wish you luck for me the cold weather of the south even kils me where my Buddy hates the summer and feels better in the winter with arthritis in his back just like mine. I am looking at Arizona or Asia. I am out of here in September eithier way, Good luck

This is my remanded claim for SC for both knees and left hip remanded from Court of veterans appeals remanded back to my VARO 2 years ago. Well this is my old claim that I have fought for over 9 years SMR shows several injuries over the years while on active duty. Mostly sick call with both knees injuries included non resolving soft tissue injury per my Navy Corpsman and again at 2 other duty stations. I explained I ced up my knees back when I could run and had a buddy statement from fellow marine who was also in my Gaurd unit. I won an appeal and got a new C/P exam this week but Doctor examined me asked when and how I had hurt my knees and how much range of motion I had. I explained that my knees swell up and some times lock up completely. My family Doctor wrote my back altered my gait over the years which I am SC for also and it also affected my ability to use my right leg over my left causing advanced atrophy of my left leg. My knees have been examined by both VA orthapedic surgeon as well as IMO from Civillian Ortho and both stated I had injuries to my knees that were at least 50% as likely as not a result of my injuries on active duty. When C/P Doctor was checking my knees out I explained the left leg which is atrophied from non use. There is like 3 inches in diameter difference between right and left muscle groups. When the C/P doctor lifted my knee it sounded like a fire cracker going off. I was concerned as the vet behind me said he saw same Doc but she checked his ROM but with my knees she did not. I had surgery after I got out off Active duty but I am too young for a Knee replacement but that is all they can do at this point according to what the Docs say. Any ideas I have documented traumatic arthritis by both Surgeons and I hope I will get SC for my knees. I wear braces on both knees and use canadian cruthches to get around. I am ready for it to be over. If anyone had issue like this chime in About the only thing I had going for me was the firecracker knees. I had thought a ROM was the test of all test but all I got was a trip to xray clinic and then sent home. Thanks and have a good day.

Thanks for you and Pete giving me an idea but I had filed for Depression and chronic pain from DDD SC but the VA put those claims into another folder for devolpment. I was retired for PTSD and Migraines vascular in nature. My PTSD and the reulting stresses put my awareness into overdrive and my blood pressure is hard to control. I am on 6 differnt meds for hypertension and heart migraines. I had to fight using my Service records and treatment records for proff of headaches in service which were reffered by corpsman as hypertension headaches. The VA denied me IU based on the fact that my employer correctly listed PTSD and Headches which were diagnosed as Migraines from my hypertension. The VA stated in the rebutal or SOC that since I was not retired because of a SC condition I claimed it was my back and my Heart/hypertension. I have not went with my local VA county Rep who represents Veterans as I had problems in the past. Poor representation but a new officer came in and is doing pretty good but I felt that even though I was @ 70% a few years back before I joined your group I took that bad advice and did not apply as the former rep told me at 70% with a 60% and 2 10% I was not eligible for IU. I applied for IU turned down after my 3rd back surgery I put in for TDIU based my Surgeons letter laying out my SC back injuries resulted in advanced arthritis beyond my age from my SC back injury in Service. He also wrote that as result after being my Doctor over 4 years my back could not allow me to work or seek gainful employment. I contacted the Probono lawyer for help even though this claim was not part of their offer He called me last week and said his office was working on listing or laying out the case with the regulations that I am unemployable due to my SC Back. I have read the regulation 38 CFR 4.61 and do not see how they can claim that I am employable as I was not disableded because of my Current % and that my surgeon wrote and evidence was submited by him for A/A also as my back will not allow me to fucntion or dress or bathe myself without help. When I get the reply I am getting from the Law Group I will post it the lawyer has looked at all my records and my Military records and treatments by every Doctor who has did the surgeries and feels like I should have been granted TDIU but you never know how the VA will try to lowball or deny deny deny. I had thought that since my Migraines caused me to miss work and eventually be retired from my Civlian Job I should have fought it but it took me 3 years just to get a small rating for migraines. I had no idea that I could use the original reason for being retired but both civillian and military mental health Doctors have linked increased hypertension which is what caused my blood pressure to stay higher than normal. I hope I can get a DRO to look at the issues but they seem to stand on denial even though I have the evidence of everything. I had a cat scan of my brain and it showed lesions on my brain from the constant migraines I try so hard to live a calm life as free from stress but dealing with the VA would make the most rational person scream in anger.

Well I sit here with these SC 10% hypertension, 30% Migraines Diagnosed as SC to Hypertension, 40% DDD, 60% Hypertensive heart disease and 10% for tinunitius. I am at a sticking point as I was retired for 1 of my SC issues the Migraines which were linked to my Forced retirement back in 2001 from my Civilian Job. What I am getting from the VA is that since the claim I put in for IU DDD after 3 surgeries and a statement from the surgeon who did my last surgery , 3 level spinal fusion I had been turned down on my appeal at the VARO level. Should I go for a hail mary claiming that along with my current back and the migraines for which I was retired back in 2001 they have all of my records from socail Security and retirement board but they are claiming that since I listed the back as my reason they will not approve IU. I had to fight to get the intial rating for migraines but the VA claims they are follwing the guidlines based on my reason for retiremnt. I had posted on some issues before but how do I bring this up in my DRO hearing? I have not recvied a notice but I am stalking my mailbox. I put in for Tempoary 100% following surgery but they just now found the claim. I have had all of the C/P exam and I am on oxyegen Theraphy for the migraines plus 4 medicines but the examiner tried to hose me I had to submit a statement in Support to get the number of trips to the ER which are documented in the past year. I stay in chronic pain I am on Morphine and so many other drugs that if I could take them and drive. That is about all I have I have looked up the regs for IU am I missing something? Thanks

Thanks i did the same thing recently and went to my surgeon who wrote that Pain would drive my hypertenion higher than normal common sense we all know but the VA had it in writing. I have not heard their ruling but I am sure they will screw it up and my claim will go to the BVA to rott. If you got any nuggets of wisdom I can lay it out in A PM I have good evidence just how to word it is hanging me up. Thanks for the advice..

Thanks I had put in a claim for the arthritis thinking that it was a seperate issue as it is my entire spine. I also put in for IVDS which I thought was more acurate rating as my Surgeon diagnosed me rather than DDD in His medical report to the VA. What do you think my chances are within the sytem to get a higher ratting based on my surgeon filling out the forms for AA. My reasoning means nothing to the VA but I am unable to dress or take shower without help. Shoes are another impossible task. The sock sleve that slips the socks on is awesome I have to say but sadly that is about the best thing the VA has provided. Thanks again I had hoped that the Arthritis claim would be a higher rating but that is how things go with the VA. I will keep you guys updated I asked for a DRO hearing but that might not happen for six months I did fill out a form 9. Adios and ask for a good day..

Hello Been tracking down my claims here lately and noticed that the VA lumped my claim for arthritis of the spine into my claim for Degenerative Disc disease. Can they do that? I understand the disease but I thought they were 2 seperate claims. On my most recent award letter Listed "Spomdlyosis absent from the spine." this to me sounds like they want to deny it on the one hand and lump it altogether in the other. I submited proof of MRI before and after surgery as well as Dr statements that my back was eat up with arthritis as I move like a turtle or so my son tells me. Any ideas on how they rate it. I also was told this morning that I am going to be rated for IVDS in the next go around with the VA. I think that is what I should have been rated for in the first place. Thanks and have a good day

Thanks I am going to ask around and seewhat others who have been there before I do it. You have any ideas on how I can contest or add a true statement to what the VA C/P examiner put down? I have an appointment with my Nuerologist who is familiar with my history and not this guy. Thanks for your advice I will post the issue on down in the forums and see what any others who might have switched. Thanks again

I have had it with the lot of C/P exam people here in my area. I just got the C/P exam notes from my Increase request for Migraines secondary to SC Hypertension. I had my wife go with me and the Folks there did it again. I have my wife as witness if that helps but the C/P exam person stated I had had Hypertension/ migraines since I was 17 years old. Needless to say I have to correct this as my documented hypertension and Migraines were while I was on active duty. I was around 21 at the time. Any ideas I have an appointment this week with my Neurologist this week. I am rated 30% but here in the last 4 months I have been on oxygen which has cut down my trips to the ER except when I have to get the injections. Any ideas All of my case history for hypertension is well documented and here goes this person trying to hose me in a C/P exam. Again thanks I have the appointment and had thought about going down to records and see if I could make a statement or have my response put into the records along with my wifes. I thank you all for any thoughts on this but I feel like I am going to change hospitals. Have a good day

Hey Chuck I woke up this morning and it hit me, I think the reason the stars/ VA might be looking at my file on account of the crap they tried to pull on me. I had to fight my claim to the highest court BVA (like a lot of others) and won a remand on appeal. The work the pro bono lawyers did on my case. The Veterans Legal defense fund Not a plug just so if they contact any vet after their claim has went as far as it can go they pick the ball up and run hard for you. They contacted me after I had no where to go and filed a SOC that listed at least 10 Cues or facts the VA exam nurse made so many mistakes that I think is why it was there. I will shoot you a PM and let you know what shakes out but I bet with the way the lawyers tore the nurse examiner C/P I hope he gets the boot I cringe when I am down there when I see the guy slink through. Luckily I have not had but one exam that of course he low balled me but I got a DRO hearing coming up to show them he was wrong again. If any others get a call from the Veterans Legal defense fund it is not a scam they refer cases out to Law firms in DC and I was lucky enough to get a chance for some one to fight for me. I am happy with the way the claim was handled I might lose it in the end but I have had many a days when I was down and just thinking about that nurse getting in trouble for the way he has done me and others makes my day. Adios sorry it was so long but have a good day and thanks

Thanks for the heads up but my issues are not at this time to where I need help managing my affairs. I was told it was an in house review to insure or check up on VA standards of practice. I know that the location of the folder is holding up several claims. I will advise when and if I hear anything. Thanks chuck I hope that it is not someone wanting me to be declared my gaurdian. I would like a younger one maybe but that is another story Have a good evening....

Thanks I googled it and came away with the same idea I had hoped it would speed their tails up with my claim but that idea along with santa and the easter Bunny are more credible than the VA doing anything fast or speed wise. Other than turning down veterans that is. Thanks I did have a question any idea how long a remanded case from the BVA will sit and lay around before they make a descion? I am trying hard as I can to get my claims done and over with so that this fall I can move out from where I live. I am seriously considering moving overseas and not returning until spring. Thanks again I apriciate the explaination

Hello I was down at my VARO last week checking on my 8 year old appeal I won to get it remanded back down to my VARO for a review based on several cues and was told my file was at the Star review. The rep kind of turned her nose up at the creen when she said this other than holding up my claim more is it a good thing or a bad thing that it is there. I have been fighting this claim for over 8 years and I want this to be done I hope it goes in my favor but with the evidence I laid out I hope I win it of course. Thanks for any ideas I called the Inspector generals office and was told to call another number and that is what I got is that it is was a review. Adios...

Can I request a DRO hearing for an appeal at the VARO level before it goes to the BVA? I have about a week left on my 60 days that allow me to ask for a hearing I was told this and it is also in the appeal letter that instructed me to file a form 9 before it is too late. I really apriciate the help on this. I was encouraged that the VA had scheduled me for all of the C/P examsbut they were only in accordance when I filed for A/A with my back. I did forget to mention I was down there last week asking about my options but I never get the one clerk (Veterean herself) who knew her stuff around appeals. They told me my file was pulled and was being reviewed. I asked but got no answer as to who had it. I hope they are working on my 8 year old claim that I won at the BVA and had it remanded back for review. My one of only a few victories at the VA. Thanks again and if you have any more pearls of wisdom I willl take them.

Thanks once again I am going to file and request a DRO hearing this week. At least I can lay out my claim and try to show them where I am with all of my SC injuries and see what they do the hardest thing they can do is say no. At least they cannot do a squad circle and nail me from behind like in boot camp. Kidney punches were hard back then. Have a good weekend Pete

Thanks I just cannot figure it out is that 1. I meet the current rating condition % wise to qualify for TDIU as I am @ 90% so the ball jsut keeps rooling down the road I guess. I am going to print out the regs attach all of my medical records and let the people who open my file the next time that they screwed up again. I say this as in their records the VA states they have all the records for my SC Back issues and the VA has all of my civillian SSDI info they jsut try to ignore the evidence. But I hope I have your same results. I am going to sit down and copy and paste the regs and disect my claim. I apriciate the help and It helps to ask questions. At least for me it is.

Hello I am at another cross road. I had my appeal for TDIU denied the reason was that on my employers form the reason I was retired was not on account of a SC back issue which was the reason I claimed TDIU. I am @ 90% SC with 60% 40% 30% and several 10% that add up to 90%. I looked at the law and for TDIU I qualify % wise and I do not want my claim to go to BVA. Any Ideas? My surgeon has written 3 different times in 3 seperate letters that because of my SC connected back I am unable to work. The VA uses the argument that I was already retired and that TDIU is not warrented. My other question is that I was retired in part for 2 issues PTSD and Migraines. The migraines were not Service connected at the time I was retired but now they are if this does not work I had thought that I should file a claim for TDIU with the effective date of may 2001 as that was the month I was retired. I have posted this before but I cannot go on anymore I get all worked up and aggrivated and then I get a migraine. My Migraines are vascular in nature and I had them in service the headaches were classified as "Hypertension" headaches. My VA mental health Doctor has had me on so much meds I was a houseplant. I am sick of being turned down but I am not giving up. Any ideas I feel like the VA just pushes paperwork to the BVA so that veterans give up. My back is never going to get better and the surgeon stated that in his letter. Thanks and have a good day...