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Jayg
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Posts posted by Jayg
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No, the DRO was transferred completely out of the department. He's an instructor someplace now.
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I had a DRO hearing and the rating officer had said he was granting the secondary conditions but wanted a C&P on the ankle and feet to try to bring up the percentages before he could decide on the TDIU (I haven't worked since 2004). I had the feet checked 3 weeks ago about, and get the ankle looked at tomorrow by a local medico on contract from VA (MES if anybody has heard of them. Cited as a "Veteran owned company") Well it sounded as if this DRO was working with me to give us (us= me and my family) a fair shake.
B*U*T... Now all bets are off!
The rating officer that saw me has been transferred. My file has gone back to the appeals team. I guess my case gets decided by someone whos never seen me, just like the folks who've been denying me everything for the last 4 years.
I'm going to ask to see this new character face to face but as yet we don't even know who it will be.
:o 
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Hi Berta, I'm S/C flat feet and an ankle too. Definately diagnosed with altered gait- Trendelenburg lurch. I have problems with the other ankle too, both knees shot, hip and back problems. Claim it all? I did in 2004 and some more in 2005 and they have denied all and still do. I had a DRO hearing and the rating officer had said he was granting the secondary conditions but wanted a C&P on the ankle and feet to try to bring up the percentages before he could decide on the TDIU (I haven't worked since 2004). I had the feet checked 3 weeks ago about, and get the ankle looked at tomorrow by a local medico on contract from VA (MES if anybody has heard of them. Cited as a "Veteran owned company") Well it sounded as if this DRO was working with me to give us (us= me and my family) a fair shake.Jay-I posted a BVA decision here some time ago-the vet went from 10% flat feet up to TDIU due to the secondary conditions.Flat feet can cause major knee,hip, and back problems and even if just one foot-the other foot starts to compensate and a gait can go off balance.I have problems like this too -waiting for orthonics now and know when I start to weed wack later, the pain will be intense.
Claim all of it.
B*U*T... Now all bets are off. Please see my other topic (that I'm about to go write, gimme a few minutes) by that name.
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Hi. I have similar problems with lost records. I still haven't all mine including removal of a shell splinter from my leg. That's no part of my claim, it was in fact little more than a splinter. The person (not sure it was even a doctor) dug it out and put a bandaid on it. Still, it should be in my records. At Ft. Ft. Knox I received most of my medical treatment (including a knock on the head) from clinics. I have none of those records. And in 1980 about, they lost my medical records from my entire tour in Germany. I submitted many requests to NARA and the missing records from Germany miraculously turned up in my mail box in 2005.
So don't quit if you don't get what you want from NARA first time around.
One thing I have learned. Hospital and clinical records are stored separately and a request for one will not bring the other. I had a link that provided all the different locations for this stuff but darned if I can find it know!
JAMES GOLUB It was suggested to me that I could obtain information through other records. I was told that “morning reports” were discontinued in 1974 to be replaced with “Personal (Personnel?) Data Cards.” As I understand it these records contain the returns of morning reports, how many present for duty, how many not, who and why, (i.e. on tdy or detached duty) that sort of thing.
Here's a link to the NARA site location to file a SF-180- http://www.archives.gov/st-louis/military-...d-form-180.html
Here's a link to the general NARA website... http://www.archives.gov/index.html
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Lots of things going on here. I'll try to field the queries as best I can, forget any 'order.'
"it would be pyramiding." Ok. Gotcha. Just so's I know, aren't they 'supposed' to, in the event of multiple injuries to a common feature, assign the one greater of compensable condition?
"Do you have knee, hip or back problems due to the flat feet?"
Yes, also an ankle condition.
"You could be rated for the these things if they are secondary to the flat feet." I have have these conditions on claim as secondary for over 4 years. I just had a DRO hearing a few weeks ago and the DRO said he was granting the knees, hip and back, not sure about the other ankle. He didn't state any numbers yet. He ordered another C&P on my feet (currently rated 10% for pes planus) and I go for one on my ankle Friday.
I also have a claim for TDIU but am weak on the %. My Tex Vet Comm rep, (a former VA rater himself) says the fellow us trying to bring up the percentage points for the IU. There has been no statement concerning whether or not he'll grant it.
I haven't been able to get the C&P report yet (not done) so I don't know what they determined. This PF notice came from my regularly scheduled trip to my primary provider yesterday. The strange thing is I complained about a thickening of the pad over the ball of my foot. It constantly feels as if my sock is wadded up under my foot there. The doc dug his thumb into my feet working his way down my foot towards the heel with me fe, grunting all the way. He got a good yelp when he got to my heel there and annouced I have this PF. But I have other symptoms of PF too. In the AM I sit up in bed with my feet hanging over for a while before I can bring myself to put them on the floor. They feel like slabs of dried leather.
I have VA ordered but local provider manufactured shoe inserts. But being for sc condition VA paid for. But they are for arch support.
The thought of shots in my feet do not thrill me. Just today I got injections (the first of 3 rounds) in both knees. I do not like those. I've had them with and without the numbing shots. Can't make up my mind which hurts worse. :)
well, I'll submit this diagnosis as new evidence and we'll all wait and see.
Thanks all.
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"plantar fasciitis"
VA doc just diagnosed that (on my s/c flat feet) yesterday. My feet are even now being considered for an increase, just had a C&P on 'em 3 weeks ago.
Since the DRO is still considering things, would this condition add any to a claim? (feet are presently rated 10%). I couldn't find a specific reference to "plantar fasciitis" in the VBA 38 CFR so I don't know what to think.
Thoughts???
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"Mild" = You don't get your rating.
"Moderate" = Never gonna happen and if it should they'll change it.
I got a "moderate" on an MRI on my knee and the report was "amended" stating it was in error and should have indicated a "mild" abnomally. :)
My IMO doctor said they really low balled me and refuted it calling in a radiologist for a second opinion.
In one C&P, they recorded "gait steady" then shortly after in the report said 'could not raise on feet sufficient to test gait.' So how do you report "gait steady"?
:( Oh. I have had canes, walker and a scooter provided by VA. Odd that they provide such equipment to folks with "mild" conditions.But, on the practical side, they're right about getting the need or better yet, issue of, ambulatory aids. Until that is done, there is no "record" that you actually have need of such devices. Just ask for it. I went through hell at an airshow even with my walker so asked for a wheel chair to attend sporting events and such like and they set me up with the scooter! :D
Sometimes things work out good. But the point is, if I hadn't asked for something...
Make sure to gripe about every ache, pain, grind, creak and pop whenever you show up at VA. You have to establish a "record of complaint" or a "history" of your condition. I know I nursed mine along for years on my own with my own cane, and swallowing ibuprofen by the handful (or so it seemed at the time). So when I first filed, my first denial said, "no history of Complaint."
Make your condition known and establish a paper trail.
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Glad to hear you're checking yourself in. I hope you get it turned around quickly and suitable meds for your condition.
Take it easy now! :)
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There's another consideration if he wants to go TDIU.Pete53's above comment answers or addresses my comment about SO's being 100 - SC. I now understand this TDIU vs SC a little better.History.
If he just quits and files for TDIU, they'll want to know why he quit. He'll have to have his history of treatment, missed days, lost time, employer warnings for same, that sort of thing.
I don't know what kind of work he does for the prison, but in some jobs medications can be a disqualifyer. I was a machinist. But the plant I last worked at, you got a prescription, you had to clear the nurses office before you could go back to work. with the meds I'm on now, they wouldn't even let me in the plant!
Of course, they will only say they laid me off for economic reasons. :) That was in 2004, haven't worked since.
Know as for getting to 100% from 90, I can't tell you anything. Probably have to hammer on getting an increase in something.
Good luck!
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I have "service connection for residuals, left ankle sprain."
My award letter states: "Your recent VA examination showed swelling with no effusion. Mild bony enlargement and deformity was noted. Dorsiflexion was limited to 0 degrees plantar flexion to 14 degrees. Pain was noted on range of motion testing with additional limitation of motion due to pain, weakness and fatigue."
Based on this, and supporting service connecting evidence, they granted "... service connection for your left ankle with a 20% disability evaluation. An evaluation of 20% is assigned for marked limited motion of the ankle. This is the maximum disability evaluation for an ankle condition without ankylosis or a frozen ankle." (italicizing added)
(but! ankylosis there is! :) )
Ankylosis= . 1 stiffness or fixation of a joint by disease or surgery
2 union of separate bones or hard parts to form a single bone or part
I hope this helps. :)
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I agree with Testvet and Berta
1) Waiting on filing for SSD costs you money, and could actually hurt your chances. Dont wait. If you are awarded $1000 per month SSD, then it costs you about $33 every day you delay if approved.
2) The VA likes to make Vets think that they are not rated high enough under the so called 70/60 rule to be approved for IU. But read that rule a little further, and it says to the effect that if the Veteran is not employable and fails to meet the 70/60 rule, he will be submitted for "special consideration" for IU.
The reason this happens is that the VA repeatedly low balls people so they cant qualify for IU, because that is big bucks. Then they deny IU based upon the 70/60 rule, and "forget" to give you "special consideration" when you have disabilities less than 70/60. Most Vets dont "catch" it and dont appeal, so they have saved money and rated another Veteran less than what he deserves. Even when the Vet does appeal, they have a list of arguments as long as your arm, like, "The Veteran did not ask for special consideration" or "The Veteran has other problems that are not service connected that contribute to IU " You have to fight most RO's tooth and nail for every nickel. Watch for "back door denials", too.
A couple thoughts/questions since I'm running roughly parallel here...
At my recent DRO hearing, I have the same weakness on percentages. The DRO would not make any comment how he might decide without seeing the percentages from my C&P scheduled now for 22 April.
One thing I did do in my NOD was request, in absence of percentages, request extra schedular consideration of IU. He did not rule this out. The problem is, which I hadn't known when I wrote it in, was they have no power to grant that at VARO. It has to go to Washington for approval. God knows how long that would take. Quicker to hammer on percentages I'd think. No law you can't do both I guess.
Second question... Doesn't combined things, such as bi-lateral conditions, count as a single rating? Such as each knee @ 30% (pulling numbers out of my hat) equals 40% bi lat condition? (I realize at VA, 20+20 does not =40. ;) )
Next! :)
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SSA-dont wait too long- I think you must apply for SSA disability within 5 years of last employment- not sure-it is all at the SSA web site.
I am almost identical to you. I have sc flat feet and L ankle. But I am only at 40%- 10% for flat feet (appealed), 20% for ankle and 10% for tinnitus (& 0% ;) for bilat hearing loss). But, all secondary conditions, R ankle, knees, hip, back... have been denied right down the line since 2004 to a few weeks ago. DRO granted them but I have to get a C&P exam (April 22, wish me luck!) to determine rating of those residuals, and then he'll decide on the TDIU claim.
On that matter, I have not worked since 2004 and I recently checked with the SS office and was informed I have to file by Dec this year or I lose my benefits.
So good luck with yours.
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Jay,
Look up your disability here to see what your percentage should be
for the medical evidence you have.
carlie
http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl
Just click on the link that says Schedule for rating -- whatever your condition.
Thanks! My main concern is that my rating is going to be based on their comments--- and what I say in response to their queries. I want to have some idea of what they'll ask so I have an appropriate response. I am NOT talking about lying. I don't have to lie about my condition. I just don't want to give them something to run with.
Then there's the big one, IU.
"Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident,"
resulting from common etiology or a single accident... That would be the s/c ankle.
So I'm being examined for "residuals of ankle injury." claimed: right ankle, both knees, R-hip and lower spine.
In all that, both knees are far and away the worst. Speaking bilaterally, would both knees be ratable as "one"? They are most likely, and rightfully should, be ratable up to 40+%. For that matter, with the R ankle granted, that would make the ankles bilateral too.
Anyway, this is what I'm looking at.
By the way, the grant allowed the residuals are granted due to "sever debilitating arthritis."
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Have you checked the schedule for your problem to see where your symptoms lie. Also have you looked at the C&P work sheet to gage what the exam will be like or to refresh your memory.
Good Luck! I go in on the 27 of april for a CT scan to check and see if all my kidney stones have passed, Ouch! LoL
Rockhound Rider B)
That's a great idea. I was wondering about something like that but the thought was only vague and without form... Got a handy direction, source, link, where I can look those up?
Good luck with your problem too!
[EDIT] I think I found it... Is this what I'm looking for???
http://www1.va.gov/vhapublications/ViewPub...asp?pub_ID=1400
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Things are finally moving and it only took 4 years to get the ball rolling... B)
To recap... Had a DRO hearing March 17. He said he was granting residuals but had to order a C&P to determine degree of disability. On those numbers hinge my TDIU. (I'm at 40% now but 10% is from tinnitus, not part of the common etiology).
DRO said he'd order the C&P soonest... unfortunately, the powers that be said there had to be a duty to assist letter first. The hospital said they could expedite scheduling on there end with a financial hardship flag but it hag to come from VARO. Got VARO the letter and was able to get the Vet rep to sign off the duty to assist etter before they actually even mailed it. Got him to double check and confirm the financial flag. BE the squeaky wheel...
got the transcript just last week.
Annnnyyyway, C&P is scheduled, 22 April... less than a month from DRO hearing. Man! That's fast enough to cause a nose bleed. B)
Now. I have so much riding on that C&P that I'm scared spitless. :( :o Lessee, I did say "spitless and not s...
And the head of that C&P department is an SOB of majestic proportions.
My head, annddd gut, are spinning.
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I'll just keep it short and say I sure am sorry to hear that. I hope you find a way to hit back at 'em!
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Thanks for the vote of confidence. The rater allowed it wasn't what they usually looked for but that he would accept it. More details in my new post.
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Some may have seen my recent topic about an IMO I got. It was quite good I thought. It was perfectly clear to any adult of average education and intelligence. Of course... IMO for VA needs must be written as to an idiot 5 year old.
That made mine real doubtful.Well, it seems to have been good enough though I feel I must commend some back room good ole boy politics some too. I'm represented by the Tex Vets Comm. My officer looked at that IMO and shook his head saying pretty much what y'all did but thought we could ask for an extension to get it refined. But before the hearing he said the RO wanted to look at it. First thing when we all got together he said though the IMO wasn't in the usual form he would accept it any way and grant an increase in feet and SC L ankle, and the R ankle, knees hip and back as secondary to SC conditions.
Now this next part doesn't make sense to me. He said the 'good thing' was that he wasn't going to ask for a VA medical opinion. But, I would have to go for a C&P exam on the various items. And this is not asking for an opinion? Is he perhaps just wanting the numbers for dorsiflexion and plantar flexion and such like to rate?
Concerning TDIU, I still do not have the points yet but the rater would say when he got the report back from C&P, he'd see how things added up.
I'm at 40% now (though the 10% for tinnitus doesn't figure in for IU) so I don't see getting to 70% a problem. Looking at the regs, getting 40% on one item shouldn't be a problem either, but we'll see.
So here we go again.
Unfortunately, we have a couple of real champions in the C&P department. One fellow has even been known to push down on a shoulder getting a person to drop lower for knee bend ROM testing. B) My knees will be tested in this. If anybody tries a stunt like that on me, I'll yell in agony (won't have to fake it) and fall down. Shoud be plenty of people privy to that little trick.
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Jayg,I went back to one of your earlier posts Mar,4, 2008 tofind out what your current 40% SC was for. "I am 40% overall, 10% hearing/tinnitus SC, 20% L ankle SC, Flat feet 10% SC."
Berta - I'm sorry I didn't feel you gave the IMO doctor much consideration.
I didn't see where much medical rationale for the disability's that this doctor illudes to:
no clear diagnosis - no dates listed to support treatment of claimed disabilities -
no rom findings of disabilities, no medical evidence supporting problems in gait due to flat feet,
tons of speculation is written... etc...
Page 2 of the IMO states :
:on March 21, 2006 an x-ray of the left ankle was performed showing small ununited ossification center versus old avulsion fracture, etc........................
Schedule of Rating Disabilities
He is already SC'd at 20% for the left ankle - and there is no medical evidence I find in this IMO
that would warrant an increase on this - no ankylosis is shown in this IMO -
no rom measurements, no Medical Evidence providing a true diagnosis - or nexus to
a possible secondary condition due to the 10% SC'd flat feet or the 20% SC'd left ankle.
The Ankle
5273 Os calcis or astragalus, malunion of:
Marked deformity.............................................. 20
Moderate deformity............................................ 10
I read this IMO as about 90% speculation without medical evidence of diagnosis.
For the veteran I sure wish I saw it different.
Jayg - If you feel this is good - go with it and I sure wish you the best.
I'm only trying to point out the pot holes - as I feel VA will - so you can prepare.
jmho,
carlie
After the army, I drifted. I hurt I went to the doctor, paid him/her and moved on. Since I settled down, if I had a backache, I called in with the flu. A back ache can cost you your job. The knees I couldn't hide. I fell off my machine a few times and got wrote up for it. You try real hard not to leave a paper trail.
We aren't trying for an increase in SC. Those ratings are accurate as far as they go. But secondary conditions is what's under debate. ALL have been denied. In one C&P exam the examiner was specifically instructed no to look at or consider anything else. Only the feet. But I have Severe Debilitating Arthritis. Knees, hip, back are shot. My most recent SSOC said, in relation to claim for TDIU, Iu, whatever, that it's (arthritis) on the record but without connection to SC can't be granted. It's a toss up whether my SC conditions can be responsible for causing arthritis. Altered gait is well established. But no doctor can prove beyond a doubt that anybody's SDA (oa) was caused by any particular event(s). Altered gait is well documented. So you argue it can cause it and state as best as can why you believe it. That's how I understand it. Then, since etymology can't be either proved or disproved you go for the benefit of the doubt rule.
Whatever.
I get the picture.
It's a dog and I'm goning down in a tighening spiral and am gonna prang.
Just as sorry as I ever was and nothing's going to change that. Yeah I'm depressed but doubt they'd grant that either. No point in trying and I don't want to take those drugs anyway.
Well. There's no time to change it now. I'm going to go with what we've got, and when that fails, I'm at the end of the line. I guess I check in with the rest of the deadenders.
Thanks all.
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Jayg,
What is your current 40% VA SC rating for ?
carlie
Crap! On all counts! :P
No. I did not know I missed an ssn., I'll get it and thanks.
Yes, a doctor wrote it using a thing Strickland made as a guide and a big box of my records. I did not write this! I'm dumb but not stoopid.
There is a gap in my treatment from Military to VA.
PTSD is not claimed, but there is a notation in my records, I guess that's why he plucked it out.
I have the records to show but I don't know how much time there is for correction. I may have to go with this. As for the article references, the whole articles will be submitted as well. I think the point he was trying to make is a preponderance of evidence. There are as many studies denying the connection. Hit with the reasonable doubt rule maybe?
I have been taking NAISDs for years and my records note "probable GERD." I'm taking my medicine print outs.
I have an appointment this morning. Gotta run!
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DO a search. We have been beating up DRO's a lot lately.
I had my hearing in Dec. and as of the Iris reply I got today it is still 'waiting for the tape of the hearing to be transcribed so that the process can move forward". yep, 3 months to type out a 20 minute conversation.
The DRO I had wouldn't even open up my file until the transcript was returned she said. She didn't know why I was there, she didn't add anything or ask any questions. She just sat there saying "that will be addressed when I review the claim".
All of that took place at the beginning obviously.
Good luck. I totally agree with you that they cannot multitask. My $*@& vet rep thinks just like them. "Don't put in for PTSD til we settle this issue with your back". OK......... my PTSD claim took 4 months start to finish. That's a LOTTA cash that would NOT be in my pocket, along with the medical benefits, Voc Rehab, etc. that I wouldn't have qualified for.
Ask around on here. The main players will set you in the correct path.
Good luck!
I go for my hearing next Tuesday. What my rep told me is that all those transcripts have to go to Detroit to be typed up.
I will say I have been through one of these before though that was many years ago. It was much different from yours being a definite question/answer session with some questions making it clear the DRO was conversant with my file. My wife was allowed to testify too.
I'll report on how this one goes next week.
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forget it folks, back to the drawing board, if there's time!
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I know this guy too well to think that. He's a family man and a teacher of many years tenure. He spends a lot of time and energy helping out at his dad's place.
I strongly suspect it is a misunderstanding of exactly what is going on and misnaming the compensation. I'll see what else I can find out.
Misunderstanding/too little information is the heart of the problem. They're going to go back and look into it and thanks to all.
But my friend is not trying to clip his Dad! Ok?
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I think dad doesnt want to kid to know and fed him a line of Bull to keep him from getting his hands on dads money?
or else it is totally bogus. VA dont pay retro over time. Just Ask JG Wentworth.
I know this guy too well to think that. He's a family man and a teacher of many years tenure. He spends a lot of time and energy helping out at his dad's place.
I strongly suspect it is a misunderstanding of exactly what is going on and misnaming the compensation. I'll see what else I can find out.
:o 
:(
That made mine real doubtful.
Stimulis Deposited This Morning
in VA Disability Claims Research
Posted
According to the DAV magazine:
"Veterans who receive disability compensation from the Dept. Veterans Affairs will receive a $250 payment from the government's economic recovery program by June 4."
The article goes on to say: "To be eligible for the $250 payments, veterans must have been receiving disability compensation between November 2008 and January 2009. The VA will use its existing payment records to determine eligibility and no application is necessary. Veterans will receive the payments the same way they receive their monthly VA benefits, direct deposit or mail."
There, if DAV may be believed, you have it folks. There's more about home buyers benefit but y'all will have to look that up for your ownselfs. :o