oldman273

Thanks so far I have been reading my C/P reports after all of these ratings and it is across the board the same. The A/A would help me but getting it I am not sure. I myself think I should have been putting in for this right after my surgery. Thanks for those replies I appriciate it. I had my Surgeon do the paperwork for the A/A and I had my wife file her statement in support also. The VA Rep who took my paperwork told me the Surgeons form for A/A should be all that is needed. Thanks again

Hello had my C/P exam Nueroligical exam today I am currently SC for Migraines secondary to my SC Hypertension rated @10% my blood pressure has been up lately and my back has been the issue my pain levels from my Surgery last year have gotten worse again with the weather changing I think is what causing the back issues. My C/P exam Doctor went to my last eye exam and out of the blue asked me about my Astimatisim. I had the problem before and during my active duty service where my eye astimigtasims got worse. My glasses were almost bullet proof before I got out. My question for you all do you think the doctor was trying to tag the eye issue to deny me or link it to my migraines? I just had my oxyegen tanks up graded as I had 10 migraines last month alone. On the bright side the oxyegen does keep them at bay but I am still in bed for at least a day or more when the oxyegen halts the maigraine from going full balst. My wife was in there and explained that the migraines were more frequent here lately and my blood pressure with meds was 160/110 last time they checked it at the VA. I submited the VA ER visits and my civillian ER visits at the exam and in both cases of the ER visits my BP is always through the roof. Any ideas or should I wait on the C/P exam notes that I put in for? The VA has made several changes to my meds and my Blood pressure concerns me. I was concerned as to why the C/P examiner asked that out of the blue. He did inform me that he did not have my Military medical records at the time of the C/P exam I think he was fishing. I have an appoinmet with my va Nuerologist coming up She was the Nuerolgist that connected my Hypertension to migraines. My current glasses are not prisim heavy I had an operation to correct the Astigmatisim in 2000 and no other issue up till now. Was up with my back and thought I would sling this question out to anyone that had an idea. Adios and have a good day

Hey I have been to 3 C&P exams this week but not one of them are related to my current claims? It is hard to belive the VA would do anything to help me get the last 10% needed for 100%. My claim for A/A is going to bee moot until I get an answer on the current appeal for TDIU I just sent in my 3rd letter from my surgeon concerning my SC lumbar fusion. I have had an C&P exam for SC hypertension, Hearing Exam, and next week Nuerological exam for SC migraines. I am on oxyegen theraphy right now which has helped my trips to the ER but so far I have ran out of oxyegen twice and had to get the number of cylinders increased twice but I am glad that the oxyegen helps ease the migraines off but they still but me to bed for a day or two. Those things scare the hell out of me everytime I think here it goes I am bleeding out. the oxyegen has helped keeping some of them from going full balst since it does help but the migraines are SC to my hypertension which has been up here lately with my back pain was noted by the C&P examineir stated that a probable cause was increased pain level of my back. I had hoped that my appointment with the civilian Surgeon would be before they finnish with my claims. My next appoinment is not till the middle of April I have a scheduled MRI with him but when you wan the VA to move with speed it drags when you do not want them to move fast they will fly a claim through. I think my fusion has changed since the operation in may I am reduced to being back on the walker again more and more with constant pain and back spasams that are now as bad as they were before the surgery. I had heard from others on the board that with fusions it is a hit or miss type procedure. I had high hopes since the operation was more than I thought it would be. Any Idea why they are checking my current medical claims? Itmakes me nervous my blodd pressure was 168/130 after 3 readings in each arm. I am so stressed out I also have a claim in for mood disorder listed as depression and they also listed P&T in the claims they are working on but I have not asked for a claim I hope they are seing the whole picture of all my problems any rational person should see with all my issues I am unemployable as the Surgeon has stated before during my recovery and now in writing after 3 failed surgeries. My back and blood pressure seems to be interwined but I am not a doctor I just happen to have both problems hypertension and a injured back while in USMC. Adios and have a good night.

thanks for rembering My rant about my lost Tempoary 100%. yes about my lawyer I get the stuff scanned and ask him about anything I submit even though the VA has everything. that is what has me worried/concerned that I am getting the shaft again. He submits everything and I send it through the veterans office. That way I have two ways it gets documented. That is why I have a hard time thinking they have not looked at the nuerosurgeons records. I am going tommorow and seeing if he could give his opinion that I am permanetly and totaly disabled for my back. As far as 100% the VA listed that one of my exam issues was for the Temp 100% following surgery and the convolesance leave that the surgeon put in his second letter stating I was unable to seek gainful employment as well as the aid and attendance claim which is also on there. I know the Temp 100% is based on my surgery circumstances and how the veterans ability to heal but my back was worse when they got in there. The issues or claims listed are mood disorder to include depression IVDS Sciatica temp 100%, Aid and attendance, Perm&Total and tendonitis. No mention of the claim for arthritis I wonder if they are saving that for last. The last issue that got me concerned is that they have me scheduled for heart examination. My heart is till giving me fits but the VA tried to say it was normal size. I tried to get my family Doctor to get me an appointment but not enough time before the Exam. I will just have to fight it if they try to reduce the ratting if it turns out my heart is enlarged by the civilian cardiologist. I have thought if they do try something plain out wrong I am going to ask my lawyer since I was disabled in part of SC Migraines and PTSD from my civilian job I should ask for an earlier effective date for TDIU. I have had a history of hypertension and migraines since I was in service. but the SC migraines were only granted a couple of years ago I was medicaly retired in 2001. My concerns is that the Surgeons records are listed in my TDIU that was earlier denied this month I hope that they found the records with my lost claims. I feel like I am being jerked around with the VA trying to yank my current ratting for my enlarged heart which they listed as last month as continuing as I have history of irregular heart rythms enlargement of my heart secondary to my SC hypertension. My Bood pressure has been high lately and my VA Mental health Doc has been discussing the issue of my hypertension and how the PTSD (non Service connected) and the depression of being housebond and needing help everyday has not helped my issues. When I say I need daily hlp it is with bathing dressing and hygene. Those issues were also noted by my surgeon is his aid and attendance forms and my wifes Statement submited to the VA, I got her to come with me. Thanks for asking and checking up I apriciate it.

Yes and thanks in his records which were sent prior to my 3rd SC back operation Im his first letter submited prior to my 3 level lumbar fusion he stated in his letter dated 04-13-10 Patient came in with MRI which showed L3-L4-L5-S1 Degenerative disc disease Service connected VA paid for surgery. The L%S1 disc collasped Unrelenting pain and a failed spainal cord stimulator implant. In the letter stated I was not able to seek gainful employment because of SC back injury which led to surgery unsucessful spinal cord implant and sugested surgey wrote that surgery was scheduled May 2010. Second letter dated May 13th Described surgery outcome with at least 18 Monyhs to heal and that the arthritis found during surgery was advanced for my age and that people that have traumatic injury to their spine often devolped arthrits but that the arthritis was progresive and is a result of my SC Injury and has outpaced my current age. 3rd letter was sent in through my Probono lawyer as with all others and are in the reords sent to VA from surgeon. I know you answer a lot of post but the "lost" tempaory 100% claim showed up I think that my files were seperated or something I asked my lawyer also who did everything Pro Bono if i should submit them again he said yes he would and that I should hand carry in copies as well to the C&P exams. I have 3 this month. I was so feed up I was getting ready to move out of state so I would have help everyday. If I had left I would have never gotten these notices. If you have an idea please advise my first C&P exam is Wensday I am ready to get these done so that I am free to leave. I have so much trouble living alone and a freind is willing to stay with me out west to let me see if the heat will help with arthritis. I have family here but having someone around is better than being alone. Thanks for your time and the advice you offer.. I showed his office what the VA asked and I will get someone to take me up there Monday to get it worded that I am P&T in writing as his letter says I am unable to seek or maintain gainful employment but not P&T. I will get an example off the forum and bring it with me. Thanks again..

To Whom it may Concern: This patient has a Complex spinal disorder. He has underwent extensive spinal surgeries including a Lumbar spinal fusion. He curently relies on a walking aide to ambulate. He is unable to lift push or pull. He continues to require medical management for persistant back pain. I believe this patient is disabled and will be unable to seek any sort of gainful employment. This is related to his service connected condition of degenerative spinal disc disease. If you have any further questions, feel free to call me. Sincerley Dr XXXXXX. I ask as I had all of my claims folders everything that the VA and all of my other surgeries as well as the last letter stating what they needed. This is the 3rd letter I have had him to write for me to the VA. I think that all the other letters were ignored or placed in someones elses file. I plan on hand carrying all of his surgical notes and office visits to my C&P exams. At least that way I know submiting them and placing these records into the hands of the Examiner will hopefully ensure that they are looked at. My biggest fear is that I will get the same guy as before who is biased I know it in my heart as I have been nothing but polite everytime. I have 4 exams this month. I had posted that the VA had lsot my original claim for tempoary 100% that the VA said they could not find. what happens this week I get a letter saying that my tempoary 100% would be rated for my exams this next week. I am happy that they found my claim but I stayed on it never relenting that I had put in for the claim for my surgery. I have caught hell after my surgery I will keep you all what happens next month. Wish me luck things are looking up I got a buddy to ride me down to the VA hospital it is 80 miles one way and I am thinking of just getting a room and staying over a day so 1 trip down and 1 back. Last time I tried to make multiple trips I suffered. Adios and have a good day

Hello I have a question for you all. I am disgnosed with DDD and I got a letter detailing several C/P exams coming up for Mood disorder to include depression, IVDS, Tempoary 100% ( Was told they lost the claim) Aid and attendance Tendonitis Permanent and total 100%. I am not sure if I can have both rattings for IVDS and DDD but what has me wondering is that My doctor has sent in all of my records for my surgery very detailed records of my surgery and the fact that I would be under a Doctors care requiring bed rest as well as limits as to what I can do and that I am needing assitance with daily hygine and dressing. I am glad I did not move out west as I would have missed the lettters. Any Idea on should I hand carry all of my Surgeons letters hospital notes and my most current MRI which shows that my is in just as bad of shape as it was prior to my surgery. I have been falling a good bit when my legs go out from under me. My left legs is loosing muscle mass and strenght. I am pissed as the reason I was moving was that I had more help with daily life there than I do here which is spotty at best. I also asked my surgeon when he disgnosed me IVDS rather than DDD which the VA did last month. they had his notes and letters and Aid and attendance forms I do not want the VA saying afterwards that they did not have the information during the C/P exam. I have some concern that the same ratter is going to be the same one who has shafted me in the past. This is the same ratter who I had my case remanded back from BVA on 10 Cue issues. My wife is unable to take me so I will have to try and get another ride as the bus is not an option I am not able to drive myself the meds I take for my back me unable to drive myself. That was my issues for moving I jsut need more help and she is not able to loose any more work. Look forward to any thoughts and I am agian at the mercy of the VA which makes me uncomfortable as heck.. Adios...

Hey a little off topic but I enlisted with curvature of upper spine in my medical records as well as the fact it is noticiable. I had DDD of spine and injuries of the back to present day post Lumabr spine fusion SC I had hoped would help but it is not looking too good. My problems now is my hands stay numb and I was told by another patient while waiting for my monthly meds that her lower back after fusion (we both had 3 disc fused) effected her upper back and neck area causing instability and and problems. I am only asking for those that might have an idea or thoughts. My back is SC for injuries to lumbar and DDD. My worry is another surgery I do not have anyone to help me. I am own my own. I am thinking that if my lower back was fused the weak upper back is made weaker. I am not a medical professoinal just agrivated.Thanks..

Congradulations I am happy for you and your family Migraines are hell but the devil is in the proof details the VA will deny deny deny. I was retired in part from my SC Migraines I am thinking when all is aid and done going back and asking if I was retiired for SC Migraines years before it was SC I am thinking they will fight me like you. Have a good day and I also waited and waited but the Direct deposit did hit. Enjoy....

Good Morning I was kind of wondering that the VA never mentioned the claims at all on my SOC so I will continue to wait on the other 2 SOC I should get both of the claims are at the ratting board also. Good luck with your claims you are a tough customer when it comes to a battle with the VA I wish you great sucess most people might have given up. My wife is driving me up this morning to my appointment to ask some questions as she has caught a lot of flak about having to miss work on my behalf being bed ridden with my back for weeks at a time. Thanks for your thoughts....

Thanks Berta, I did the faxing and spoke with Surgeons nurse who said she understood what the VA needed. She has some other Veterans who have dealt with VA and said she would write up the letter as surgeon had stated in earleir letters that SC back was IU &PT. Arhritis was claimed and Surgeon also SC it to my DDD and since the fusion my nerve damage has gotten as worse as before surgery now my tips of my fingers are numb as well. My whole spine was eat up with Traumatic arthritis due to my SC Injury. In the SOC that they got it was noted all records from my surgeon but the letters and A/A form should have given the VA what my current medical issue are with me needing A/A in my own home. I am probally giving too much credit as they probally glossed over my case file taking 1 item at a time. I did figure out that the A/A and arthritis and 2 other issues have not been decided on so maybe that is why it was not included in the SOC. I stay in chronic pain so the thought of being able to work on the meds I am on would make that impossiple. Thanks for the heads up on the fact that it is not a CUE. Once I get the letter from the Surgeons do I send it in or ask for the hearing? The paper work stated I could mail it in or ask ofr a formal hearing at my VARO if I would like them to decide. If the evidence warrants a change in the case I would not need a formal hearing and the VA would resend the denial of IU. I will make a copy and mark out the information and scan and paste it on the site. I should have it this week. Thanks for breaking it down for me I appriciate your thoughts on it I would not have filled a CUE until I had an idea on which way I should go. Once a claim goes to BVA it is gone a long time that is what I was not sure about. Adios...

I will be wishing you good luck then if you get a chance check your PM box I am sending you a question

Yes I have a Law Firm out of DC through the veterans legal Defense fund They were the firm that took my case after it went through the VBA and fought to have it rermanded back to the state. The Cues on the claim were a whole page and I hope I will get an answer soon the claim is at the ratting board. 40 years is a long time you have the patience and determination to hang in there. Mine is only 9 years old. Adios....

Sorry it took so long but yes won on appeal from BRA the claim remanded still waiting for answer. I am too young for total knee replacement but I would do it if it would help. Again sorry it took so long for reply I will advise

Good morning all, I got good news last week and took a weekend off after I got a Statement of the Case through the mail and decided not to let it ruin my weekend. What I have is a descion to let a claim for IU die or fight it with the following items. The VA ignored my claim for aid and attendance based on SC back issues which they granted an increase but denied the issue of house bond status based on worsening back issues which have left me unable to care for myself which is why I put in for aid and attendance and the forms with the surgeon who did my original back operation. I know that if I file a cue I open myself up to just the information on hand and I loose the benefit of the doubt rule. I do not want my claim for IU to go to the BVA as it will halt any other issues which the VA ignored. I am also going back to my surgeon with the SOC to see if he will write his opinion on my SC fusion and the facts that the VA wrote in their SOC as the reason for denial. they are as follows. " Entitlement to individual Unemployability is denied because you have not been found unable to secure or follow gainful occupation as result of SC disabilities. I put in at first as my back was the original issue pre surgery and the VA ignored the issue of Aid and attendance and the other claims for Arthritis and the letter that my surgeon completed that I was indeed unemployable due to SC back and that Surgery was in fact needed to help my issue with not being able to move. Now that the surgery is over I am left still unable to care for myself still as i am the recipeint of a failed back operation through no fault of my surgeon just the state of advanced arthritis that was secondary to the original SC back injury in service that I am SC for. any ideas i have the whole SOC scanned but I do not know how to redact every thing so I posted it in peices. i according to the letter have 60 days to request a hearing and 1 year to appeal. I have the time just trying to figure out what I should do. i know they made several mistakes but how to call them on it and keep it from going to the BVA is the main issue. from where i sit I plan to get a ride up to the surgeons office and ask them to read the VA SOC and see if they can reply to what the VA ignored in a letter that states I am TDIU as a result of my SC back. I do not believe they cited both letters just one as my surgeon was clear in his first letter when he filled out the forms for Aid and attendance also at the time. Thanks sorry it was so long but the facts are here thanks...

Hello I have a IU claim in and it came back today with a SOC stating even though the Surgeon wrote that I was unable to seek and or maintain gainful employment because of my SC back injuries they denied it. I think it is an issue of the VA trying to weasel out or denying a claim. I called my nuerologist to see if I could get in there and was told April. I am going to order all of my C/P exams as well as my Nuerologist notes from recent appointment. I am goining to take a week off and leave things alone and turn back into fighting the claims. If i get all upset I will get a magraine that is just the way my body works. Since I have you on the reply end can you advise if I was retired from my Civillian Job back in 2001 because of PTSD and Migraines back then I was not SC for them but now I am and I am considering going back for an ealeir effective date for the SC migraines as my PTSD caused my SC Hypertension to cause medical retirement from the migraines. I had all the test and my hypertension was deteremined by Doctors to cause the migraines due to anxiety. I am currentley on oxyegen theraphy it helps but I am having at least 5 to 8 headaches a month that put me in bed even with the oxyegen. I had to thank you for all your help and I would be angry if I let myself but sometimes you have got to learn to laugh at the stupid mistakes they make even when you know you are right. Adios and have a good weekend..

Hello here is my question I applied for an increased ratting for my back which initialy was claimed as DDD. Now after 3 surgeries laminectomy, Stimulator implant, and 3 level lumbar fusion I was not rated under IVDS as I had claimed but DDD. The VA has not answered the claim as to the IVDS which I had put in for on a seperate claim with arthritis also as secondary to the SC back issues. Everything is doucumented in writing as well as the xray results documenting the back as progressively detiorating as the disease is. After all of this can I have both the DDD and the IVDS. I am unable to care for myself and the nerve dammage is hard as i get these spikes or electrical charges in my body that make me a horrible person to be around constant pain and having small kids makes me an ogor some times so any ideas on how I should attempt to correct the issue of why the VA choose to rate me the way they did other than their usual attempt at screwing us veterans. last thing I wanted to add is that my Nuero surgeon who did the surgery has already wrote to the VA that I am unable to work or keep a job on account of my SC back. anythoughts again as to why the 40% ratting instead of the 60% I think it should have been. Have a good day....

Thanks I will go back and check today was whirlwind of paying bills and feeling better now that the heat is off me. I will try and see if I can get someone to get me up to the County veterans office to check my % for the date of retro pay. I did not have any more calls after I got caught up with the house payments. I am going to be on the lookout for the other claims. I have to get used to not ignoring the phone ringer other than the old telemarketers,,,,I am at 90% now amazing after 50% added to my 80% after the increased rattings for my back and nerve damage. I have some other questions will post them tommorow. Hope you have a good evening and thanks again...

Hey all I got up with my back early around 0500 and the eagle has landed or another phrase I hear often. I am now able to catch up on my house payment and my bills maybe the phone will stop ringing for a while. I also forgot to add I am now at 90% ratting wise. If I can get the ratting for my knees and for the arthritis in both of them as claimed I will be good to go. Again thanks to all who shared their thoughts on the different cases and claims and how to word the claims. Thanks again...

Thanks is the effective date the date they start the retro pay or is it the difference I was making at the time. I am sure now to go back and double check everything the VA claimed. I am happy now but will be really happy when the check hits my account. Thanks I would not have known to word my claims without everyones help. Thanks..

I got my white envolpe today on a NOD it said that I won my NOD and got an effective date of November 21 2005 for increased rating for DDD from 10% to 40% and 10% for radiologpathy on each leg. I checked my bank where the monthly checks are deposited and no deposit as of yet. I am happy to get the higher rating just as usual the VA lowballed my back. I figured I would get 60% with all the hell I have had. I am looking at the award letter but still waiting on two other issues both knees and left hip claim that goes back to 2003. That award if won will help me keep my house. Is the effective date and apyment start date the day the VA will go back to in retro pay? If that is the case i may be able to just sit back and wait on the other two claims. Adios and today is a brighter day thanks to Hadit members who posted their thoughts on claims advice... Now if the other claims will make it to me...

Good Morning, I have a claim in that is going on 8 years it went all the way to BVA and remanded back to state in 2009. I hurt my knees several times while in service all documented and was diagnosed with a meical term but It was refered to me in common terms as runners knees. I also had arthritis set in that was advanced as to my age and history. Do they rate them seperately or all together? I am just curious I understand ROM is is the gold standard as to any joint issues but how is arthritis on a scale or is it also ROM? I had some good news again Friday the VA called my Pro bono lawyer who had argued the case and got it remanded back to the state. The VA called the second time to get an idea what % the law firm got. As they did all my claims pro bono the Lawyer advised them of that. He was told 7 to 14 days but as we kept the claim alive I hope I will not have to ask for the original date I put the claim in. I am happy that it is over. If anyone gets a call when their claim has been turned down at BVA and it is the Veterans Legal Defense Fund calling and offering to take their claim I would suggest they take the offer they said it was pro bono right off the bat and I had nothing to loose the claim was as high as I could appeal. The various law firms within this group work with Veterans to help them get a fair shake. I am still floating on clouds as the issue is coming to a close. Adios and have a good weekend I almost forgot I am happy that I see the end I hope.. Adios and thanks for any advice. I am not counting my eggs before the hatch just curious how the two issue are rated bilateral issues in both knees with left leg having significant atrophy and nerve damage which was also claimed from 3 surgeries to my SC back. If I could get around I would go fishing but it has been years since I was able to do that... Thanks..

Hey i have walked in your shoes. If I can offer any more help PM me I am housebond on account of my back issues. I have the time and i will shoot you the various case law from BVA to give you an idea? I also agree again with others if you can afford it or have insurance get to a Nuerosurgeon to ask about if the problems in your back could be the cause of nerve damage. that is how my nerve damage was linked SC. My claim was at the rating board since November and i can tell you according how it was explained to me if you submit another claim it will pull your file it is up to you. I am not advising not to submit a new claim but to take the time if possible to go seek another opion based on the Next nuero Surgeon to look at a current MRI to see the nerve damage it will show the damage and there is the proff or at least that is how I did mine. Adios....

Hey Cool Breeze, I agree with sharon you have to get a Doctor to say your nerves are secondary to your My question is was there an injury to your back /strain fall anything involving your back? reason being I had a few documented injuries in service. Many years later I had this same problem with nerve damage as well but it was the injury to my spine causing my back to go buck wild. I also had the nerve conduction test everyone said it hurt my damage is so sever I never even felt the test. Hope this helps. I am not a Doctor just another vet if you can get it tied in with something SC you are better off. Try going to the VA website and looking up cases with your foot issues and see. If you can get to a foot doctor (Civilian) and see if your feet problems could have altered your gait causing your back knees instability if he says that again you have a fighting chance. Also if you have your SMR from service go over them with a fine tooth comb my lawyers found tons of mistakes the VA made with most of my claims and the positive evidence could be there. Just a thought hope it helps hang in there and please if you can take it one day at a time this crap will cause you more stress than it is worth.. Adios..

Well I got a great email from my Pro Bono Lawyer yesterday. His message was that the VA had called him and advised that they were finalizing my claims on both knees and left hip from a SC injury. He said that the VA told him I should recieve a letter about my claim which goes back to 2002. He also said that I could call the 1-800 number later this week to see if they would tell me anything. I am wishing it is over to at least SC for these old broke down knees. I can barley walk so anything SC my knees and I am happy. My finnishing up these claims will I hope give me enough money to move somewhere until spring gets here. I hope this is the right place for a sucess as they called my lawyer to advise him. The veterans Legal Defense fund called me after my claim was denied at the BVA and appealed and won or at least remanded back to the state. Adios all I have at this time but once I get my award letter you all can probally hear me with out the internet.