cannoncocker

I too am just wrapping my claim up for the time being but have a relative that I use for the purpose of the claim for the very reasons you mention. Dealing with the VA straightforward is difficult enough without changing venues while the action is still pending. Also I would like to add, and this does not necessarily apply to you Shark but there comes a time, at least in my limited estimation that you might walk away with what you have abd come back later when you have purposely gained the precise eveidence you need. In the long run it would save time, at least IMHO,

Hi clark, neighbor, since I end up all over the SE from the Red Neck Riviera to North Cackalacky. I will try that and am on my way there now. After jumping any hoops they have I will report back and let the members know how it goes: easy/hard/not possible/info needed. This would be very important if it works out given the import of buddy statements in our claims. Good luck to you and God Bless.

From the little digging that I've done up to tthis point I think I'll be needing the CC #'s/Address/Phone plus cell/mother's maiden name... Seems like you could go to the VA web site and post a msg and leave it to the vet individually whether to respond or not. This isn't a spam or privacy issue qat least as far as I am concerned. But who ask if I was concerned. Quite right, nobody. Does seem like you could just anonymously post a msg to a fellow vet and then they could do whatever they felt like doing, even if they ever checked the site. I know that would make it easier to get buddy statements, assuming there would be any impetuous to do that, which there is none of that laying around, impetuous that is. So maybe I can call the national records center tomorrow about sending a msg to the vet, but heck I don't have an address. I can see the old to hard to do box again with the minor possibility of the property records in Harris County Houton, Tx. I have a brother in //houston that could do some le work on that. Testvet, Me thinks you are right on this one, but I will try yo find the number for DFAS in Indianapolis and see if that is feasable and if they can locate the vet with the little info I have. Weird how little I remember of the names etc from that time period, since that was 6.5 years. some of those guys I really did like. Also in a few weeks I will have to call my DAV Rep, which is about as much fun as an old scholl root canal, and see if he can dig it up. You know they have to be the VA system somewhere, just a matter of willingness to go out of his way to help out, and brother don't you know that is unlikely. More likely the Fl County VSO, more receptive, no bad blood....

I have personal experienc with the property appraiser method so that is possible. Although all I have is his full last name and two initials for his first= J D !!!!!!! I do know where he did live and probably still does. He got out and then got back in so odds are he stayed since he had time to weigh the plus and minus of the Army. So the DFAS in Indianapolis is another goodun. http://www.military.com/buddy-finder/ http://army.togetherweserved.com/ but 20 bucks on a shot in the dark is not my first choice. The situation I am trying to Corroborate is a FA acident, or near fatal accident. I just wrote the whole thing and decided to erase it. That just isn't something you go around telling, but rest assured no commander is going to log that, especially since only the members of our crew and some of our company even knew it happened but if things had gone south plenty of people would have been aware. It just happens when you mix people, 3am, days without sleep and High explosives. Thanks for the leads.

I used the search option but nada. I am looking for suggestions for sites or organizations that would help locate a felow soldier from about 1980 in Germany 2Bn/41st FA. A county VSO suggested: 1. http://army.togetherweserved.com/ costs about 20 bucks, which say zero would be better but in the long run it would be well worth it. Any suggestions would be appreciated or your experience in finding an active duty fellow US Army. Either retired or etsed by now. for all I know he could be anywhere but i know is hometown was Houston. Appreciate your experience in this. Nothing from a straight google. David

I concur that your medical training, with any certification and documentation you possess would be most useful to prove at a glance that you have certain qualificationss to offer medical opinions. :At a glance is critical as they will not spend much time digging to reach the facts. It needs to be in front of them. I might suggest you complie two binders for the DRO Review, one for you and one for the DRO or your Rep. Other part of this will be your Representative who in all likelihood has already walked over to the VARO if they are in the same building and if not called and prediscussed your case and have already come to some tentative agreement. I would call my Rep if the Review is nearing and ssk him specifically if he has already discussed your case with the VA, and if so what arrangement has been reached. This is your claim and not anyone elses. If you wissh to offer evidence then I would do that. If they tell you the best thing for you to do is sit their with your mouth shut I would cinsider what I have to offer, what the rep is offering, and tyour own command of the beauracratic formailities and your ability to push your point across. You are concerned about your claim. That would be about it, so keep that in mind. They have no intention on spending anymore time than humanly possible on it. That is the reason the rep and the VA have a pre arranged agreement, which may or may not transpire as your were lead to believe. If you can prove your competence as a provider of evidence then roll on. But frequently you won't get that far. These are my experiences and if you want something in the official record, you had better say it, submit it, whatever. But the idea that they are going to pour over pages of evidence, Gospel or not, just probably won't happen. I guess the most effective way to get all your evidence into the record is hand the binder to the DRO and verbally announce that you are submitting Binder marked??? with the following evidence, and state the outline. Bare in mind the rep will probably nix that from the top and tell you to take your binder and evidence with the exception of a few items and keep them out of sight. Your experience may be 180% out but that is how it may go. Best of luck and the best weapon you have is perserverance! PS Obviouly a professional opinion stating they have reviewed your SMR.....and at least as likely as not... My way is to listen carefully to your rep, make sure they can and will produce that which is offered and then weigh what I have to offer.

halos2, "So many of them ar Relatives, Friends of other workers tere too" now that is just damn sick. The system is diseased! The vet lady I talked to, who I'm going with though for official purposes i'll stay in persona non grata land, being NC, that Florid is not the place to file any VA action. That could be: 1. She didn't want the extra work, which I don't blieve iss the case 2. That Florida is chuck full of bases say eglin/tyndall/naval bases..... which means it is lala land for retirees which puts just that much more pressure on them. Just reporting, but that nepotism, for one is illegal, since I was a fed employee for many years there are rules governing that, and the hiring system itself is so convoluted that string theory is 3rd grade math in comparisson. But I have seen it happen, and when they want to promote you, they basically close the pool of applicants and hire you, which is baasically illegal too. Close this, since nothing to gain other than that which is obvious. PS sorry John we were typing at the same time and of course yes Who would not agree and have seen that for themselves. What has won for me to the extent is has is by knowing what makes a beauracrate tick. I could not agree more about citing some case that applies to one vet in one situation. Drown them in paper. It will drive them over the edge but hey, if it works!

I don't have a clue if what she was saying was gospel or gorilla sh888. I'm am sure young or old if you start dumb you'll probably end up dumb , with a little more experience. I'm not gonna be judging anybody but they need vets to deal with vets imho. I had a counselor that would have been great teaching undergrad classess at the univ. of alabama but he had no idea what it meant to be resposnsible for others .... so that's my 2 cents, that probably ain't worth 2 cents. It was like he read it in a dime novel.

I spoke with her today and she was a real down to earth person in the mid 30's and a Navy Vet herself. She told me a major problem with the system as it stands is that most VA Raters are about 25, no military service to relate our claims to. She also mentioned something that piqued my curiosity and she seemed to believe it was a major deal, which she just found out about last week in a week long training seminar. Admittedly they must be given training and kept up to date but I know for a fact that virtually every time I call my own home VARO the people I want to speak with a gone for days if not a week on training. For crying out loud! Back to the point, and something I don't keep up with since it doesn't involve me 77-84 is some sort of re-evaluation of Agent Orange Claims. She dropped the number 82,000 so it sounded like they are looking at those claims. I did not ask and do not intend to start a rumour mill, but just passing on the info that was told to me. She also added that the fact that the majority of VA raters being very young with little life experience they are completely overwhelmed and seldom even read the claim, and certainly not enough to get the full picture. Sad part about all that is the time, money, and effort it takes to correct the deficiencies. Now reportedly reviewing Agent Orange Claims. I don't make the news just report what she told to me. For all I know this is well known, but just not in my field of vision. If this is all BS please someone can straighten it up! She did sound very informed and competent.

Waco is not the only VARO to have a hit list. The DAV Rep I have been dealing with in a rare moment of candor stated the VA obstructs justice to wait you out and that often a lawyer is the only option you have. I will be getting one in 3 weeks after the last ditch attempt to rectify the problem does not work. It is just unacceptable that those in a position to know will come out and say what we all know, but who can tell you that anything will be done about it much less give a $"]!@#$[/]#. So sorry you have to fight the same battle so many have fought before, but it looks like nothing will change because there is no impetuous for change. I wish there were an answer but I can see none. They are compelled to save money, which by definition means deny you your rights. I hope you win in the long run. 7 years is not acceptable in any language! They will in all likelihood fight the back pay, not to be negative and I pray for you that the !@!#@#@ won't but they did me and the fight goes on. My DAV Rep say he is talking to the VARO manger, which I presume the baseball season, certainly not my case. Bight the bullet, you have plenty of backpay coming to make it worth any lawyers time to get involved. I would find one in the vicinity of the appeal/hearings.

Attached are the three pertinent SOC documents that denied me backpay by 2 methods: 1. Split diagnosis into two different Lumbar strain, despite the QTC examiner quoted IVDS and large protrusion compressed S1 at L5.... 2. Which were diagnosed from 2006 to 2009: 2006 MRI, 2006 Neurology consult, 2007 My VA doctor rendering of a compressed S1 nerve, Meralgia paraesthetica nerve sensoru loss, 2008 MRI. 2008 Neurology consult that noted compressed S1 L5 nerve, calf and outer foot sensory loss, Physical therapy 2009 sensory loss at calf and outer foot, IME not compressed nerve and sensory loss as note before. I could add more but to what end. Nobody in the VA or government gives a ... Oh yes they denied the back pay sying the diagnosis was not made until their QTC examiner made the split diagnosis. Clever huh? 1.doc 2.doc 3.doc

You and the other member here are exactly why I have gone from o to 70 in 2.5 years with absolutely no help from the so called VSO's who are in the business in theory to help a vet, rather than take his responsibility as much as flipping burgers. Nod it is, but I have , or in the process of moving to the "Red Neck Riviera" where we will call it a day minus the traveling bit, but just gonna cut back on the globle trotting some. We have a 3 bedroom/2bath that I restored myself, in healthier days, on 60 acres. We are mucho lquid and for my part a lawyer van have the 6000 bucks, I just do not want the VA with it. Never thought I would say this but at least you know where you stand with a lawyer and they do earn their mone3y, which is much more than I can say for stephen lindsey at the DAV winston-salem office. I wouldn't normally call names but if he told you he had it handled plus the quick one he tried to pull at the DRO toy probably would too. In a telecon after I called the dogs on him he asked me "what gave you the idea you would be denied, to which I replied I got my first hint was when you told me I would be denied". What? Am I six? What a joke. Hope you got a chuckle out of it since in reality I got 99% of what bI want out of it. If you read the SOC and tried to determine why they came up with effective date od 19 April 2010 except for retribution or incompetence, and given the old saying the simplest answer is usually right plus never underestimate the stupidity of your public servants, or is that the othe way around. Now I think about it let me upload, on dialup, don't have wild Blue yet. Printer problems so it'll be a few minutes.

I swore off thi this thread but you took the time to throw in your 2 cents worth and I happen to agree with you 100%. Off course, so no use in the multiple mine is great posts, but the fact is if you ask and study you are by far the best advocate you can buy, minus a lawyer, and that is by no means a sure fire bet. The info I got here and the folks that spread the wisdom raised me from 60 to 70% and got a bad back SC'ed when multiple posts here said if I got SC'ed for my back then every 13B would be elegible. Fact is that is that is pretty much the truth: 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010. 2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued. The DAV and DRO had already had their plan to push me throught the system with a smile on their face and a denial on the other end. I contacted every politician in sight and a bureaucrat would first and foremost seek survival and that generally means keep your head down, but retrubution is definitely in their vocabulary. So together they decided to grant the SC, after telling me I would be denied, then laater he sent a ltr pre VA that said I would be granted but no backpay, keep your evidence for someone that cares. DAV Lindsey told me it was a mistake, since it was so obvious and that he sent a memo to the VA and got it straight. DAV Rep Stephen Lindsey in fact did not tell me the truth nor did he explain, so I guess that makes him a liar. I am a life DAV, which I took that card out of my billfold a placed it in the proper place, the trash can. I was for them, against them, for the.... ultimately do your own research and ask questions here. No, you will not get every question answered but find another source you can trust as a back up. That way you can avoid a smiling face liying to you while doing the tango with the VA. SLEDGE, you don't know me but thanks and be assured I will not let this stand unless the SC'ed back is at risk, in which case I will try unemployability, raise existing disabilitites.In other words this will not go without a fight. I do wish someone could tell me if I nod this does it jeprodize the back SC. For other 13B's show the MRI's, IME, VA Neurology., Do not believe your VSO, believe the law and yourself.Lifting Equation explains the weights they had you lifting for years gurantees you a bad back! Can you say repetitive heavy lifting! I am sure I will be shot at sunrise for saying this but hey, the truth will out. Good luck GI's PS an example is a post showing a gi got sc from a munji, so I am gathering my all my Service Records to make sure there are no false positive even tough I do not even remember taking a test but hey that was a long time. I am sure that it is destined to the BVA but I have the time an right on my side

This will end this thread but there is a message for some. I got my increase from 60 to 70 percent and got my back SC'ed and spit into a 2 part diagnosis, which they included IVDS as part of the cause, which was for the purpose of denying any back pay, which is ridiculous if you had the records, but I did get what I got, not by a pack of VSO's in bed with the VA, but through my own efforts and the knowledge gained here. I was fool enough to believe the DAV VSO stephen lindsey at the winston /salem office told me he had sent a memo to the VA and had it handled since it was a clear mistake. Well, can you say liar? He did squat and I wouldn't have won the DRO if I had gone political on him, and knowing a bureaucrat knows if nothing else to keep his head down, so the decision was made to toss me a bone and deny me the backpay as retribution. He plays a good game but make no mistake he will sell you out. Off to Florida as a change of venue might help. But the sad thing about a wrong which can be clearly outlined which I faxed...... in the end there is zip youi can do about it without waiting years at the BVA, where I could and would win. Do have a question, if I nod this does it go directly to the BVA? And does it vacate the decision and start from the beginning with trying to get the back SC'ed again, or just about the backpay? Good old steve sure won't give an honest answer.

Thanks deltaj for doing that research and I hope it will help you too! My evexperience , and let me make this clear, this is only my experience and I have had to burn many bridges to get my back problems approve. The W-S VA ahs taken this claim personally and we are at adverserial positions. so yes if you look at my MRI, read the Radiology Reprorts, and review the VA Neurology consult from 200, and review the IME by a Spinal Surgeon and any reasonsonable person would conclude IVDS. But they elect Lumbar Strain to keep the rating to a minimum. For example:"2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued" qoutes IVDS in the assessment but still use diagnostic code for Lumbar Strain. They split the diagnosis into 2 parts: 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010). That would be specifically to deny the back pay. Who do you tell that to that cares or that could do anything about it. Radicular pain pattern left leg; sensory loss has been documented since 2006 but who do tyou go tell that to? Certainly the VA does not care. DAV is evidently incapable of doing anything about it and or do not care. The only out is give the bqa ck pay in its entirety to a lawyer in W-S to keep the rater from getting a paqt on the back for betting me out of 6000 back pay. Hope yo don't run into this. Also skip the parrt about the DAV being helpful, he is in bed with the VA just like the rest of them. PS They would prefer to push this on to the BVA to be rid of it rather than be beat over the head by a lawyer with the illegal actions thay have taken.

Thank you Pete for ending that on a positive note. Evidence is an excellent thing to have on your side assuming you want to take it to the BVA, since I'm sure Home Boy at the W-S VA would love to push this on up the line a forget all about it. I wish they could be held accountable for a vengeful decision. I would rather keep it in their office and hold them accountable, to extent it is possible, plus it would not take as long and be cheaper. Always good for a positive statement: such as Woof!

Dear Mr. Pete Sir: I did go to A QTC Severity Exam on exactly 19 April 2010, for severity as in how much my "lumbar strain" affected my life and ability to do any sort of work/recreational activities and measured by ROM and fortunately I brought my various MRI's and on a particular question it asked me about my history regarding my so called lumbar strain and I gave , apparently, way too much detail, but I wanted him to know he would be judged against an IMO (spinal surgeon}, one that is infinitely more qualified than him, and images that have been interpret by radiologists which leave very little wiggle room for his VA dictated interpretation. None the less he or the rater did the best they could, as you notice they split the diagnoses into 2 parts, one explicitly stating IVDS, but still not the diagnosis. They are clearly playing hard ball here which I am up for. The VA ran the 10% actual monetary increase up the pole to see if I would roil with that but by spitting the diagnosis they in effect denied the back pay from /April 2008, which is about 6000 bucks which as I said I would be more than willing to hand to a lawyer just because they are trying subterfuge and in general deny a vet by their own admission they deserve. If I rolled on this what chance do you think the next vet would have with this rater and as much as I hate to say it, how would the DAV rep know this far in advance what the VA was planning? Kind of makes one concerned about how friendly they are, but I am prone to conspiracy, especially after a few years of doing the tango with the VA. Sorry for being so long but maybe somebody will get some use out of this. Hey there Vync sir, like I said I am prone to conspiracy theory, just like you hopefully dispelled, but I guess it depends on how long this drags on. I still say he is the best DAV Rep I have had and he did tell me he sent the VA a memo that they were slap wrong about the back pay denial. I did not submit a claim for an increase for my back. This was a new claim and went to the DRO and required an IME to re-explain what the VA Radiologists and VA Neurologists explained in detail. The only difference was the nexus, i.e. repetitive heavy lifting, which resulted in Chronic left leg radiculopathy and loss of sensory on bilateral frontal lateral thighs, which by the had moved on to the left cald=f and left outer and bottom lateral foot to large toe. The only effective date I have is the date I submitted my claim. This severity exam was in theory supposed to be for severity, not for the purposse of diagnosis. But they hold the purse strings and adide by whichever rules they choose, or forced to adhere to. Carlie , I know you've been around the so called VA block an appreciate your effort on my part. As negative as as sound, which in ordinary life I am actually pretty upbeat but the CFR is only as good as the rater is that is suppose to be applying them! It would be helpful to know the verbatim CFR to quote to the DAV Rep so he could quote that to the rater. As in should my diagnosis have been split into 2 parts for legal purposes or for the effective result of denying back pay. I would hand over the back pay in a heart beat to a lawyer to prevent a rater to get a pat on the back for beating a vet out of a legally entitled benefit. I am considering sending that proposal into my rep and having done some research into vet lawyers, for 6000 plus, I would go into my own pocket if it costs more to right this wrong since i have the money to do that, wrong in my opinion and wrong as I can see legally. Please tell me that they are correct not to pay back to initial claim other than normal progression of sciatica, which is what the true diagnosis is, the rusult of a pinched S1 at L5, or IMO Chronic radiculopathy, or: 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010). 2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued. Point is nothing stays the same ordinarily. They wouldn’t have found any change in 2008 by the VA Neurologist, but by the QTC Consultant that found absolutely nothing wrong with my back in April 2009 when he initially examined me! Vync I wrote the above before I read the definition of 38 CFR 3.400 ( o )( 2 ) and ( o ) Increases ( 38 U.S.C. 5110( a ) and 5110( B )( 2 ), Pub. L. 94-71, 89 Stat. 395; §§3.109, 3.156, 3.157 ): Which boils down to earlist date of submission (18 April 2008) and nothing has changed than the normal progression, to the extent thet didn't even bother to change the diagnosis from lumbar strain, which I had a VSO look up the diagnostic code for Radicular pain pattern left leg; sensory, which the VA has diagnosed radicular pain pattern left leg multiple time dating back to 2008 and shown on MRI image of pinched S1 at L5 in 2008 and VA Neurologist noted thigh numbness and diagnosed it as pulled groin nerve , which has lasted 25 years and my regular doctor diagnosed it as meralgia paresthetica ( is numbness or pain in the outer thigh not caused by injury to the thigh, but by injury to a nerve that extends from the thigh to the spinal column(http://en.wikipedia.org/wiki/Meralgia_paraesthetica). These have been noted for years(2006) since MRI but the calf and footnumbness tingling developed as a normal progression of the S1 pinch and has been noted since 2008. The ER room had no interest in assessment aqas even the QTC doctor noted. Believ me when I tell you that when a QTC consultant demeans a medical facility it has to be below par, no much below par. They noted pain at waist line and gave me motrin. Went to Bn. aid station next day and no refferal, just changed to a different aspirin. I had to take leave up till the time of my ets rather than cashing out due to the intolerable pain, for a month. "Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim. " There is no concievable way they could possibly find 19 April 2010, the date of my severity exam on 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010. At any rate 10% is laughable. This been so helpful in that it gives me insight that I am too close to for a clear appraisal. So after skimming this do you think a lawyer is in order here? Write he DAV Rep and tell him of my intentions, because for a certainty, I will not let this stand, unless there is a consensus that I should write in and tell them I will accept their offer. I tend to find the thought of that loathsome. Thanks to all. I would appreciate any off the cuff opinions on my course of actions from here. I have laid out most of what has transpired.

I received a letter from my DAV REP from Winston-Salem, who is the best I have ever had, seems to be on my claim before the VA is! It stated two main findigs, started at 60% disability and 20% For Lumbar Strain with pain down legs. That 20% resulted in no increase in Disability Compensation, due to VA Computation. 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010). 2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued. That effective increases my disability to 70% and denies any back pay which I have been doing battle over this since April 2008. Since I know now that this could not be possibly be budget related. Could some knowledgable person post the reasoning for this effective date of April 19, 2010? Radicular pain pattern left leg; sensory has been established and claimed since 2008 and 2006 MRI's which shows exactly the pinched S1 at L5, Multiple VA Neurrology consults which found Radicular pain pattern left leg and sensory loss. They offered Epidural injections and surgery which I declined. IMO Chronic radiculopathy...2009 about July 2009. A DAV Rep submitted a Layperson claim for me, stating Low Back Pain. Do I need a degree in medicine to submit a claim but all of the sypmtoms were noted to VA and IMO personell at the same time as Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs and Radicular pain pattern left leg; sensory. I need an opinion, as this was sent by the DAV REP, was this just run up the flag Pole to see if it would fly since nothing has been received from the VA. Should I just take the 70% and go crawl in a hole or fight this on to whatever end this leads? Time for a lawyer and offer the 6000.00 just to fight it? Keep on the DAV Rep since he for some reason knows weeks before the VA does before they do. PS Still resisting IVDS diagnosis and staying with strain even though they write IVDS in their diagnosis. What is that?

Thank you Berta for laying out your advanced knowledge, skills, and abilities re: VA procedures and requirements. It has been awhile since you have helped me and this one is very relevant! I believe based on on your appraisal that I will accept the VA offer from letter sent from DVA Representative: 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010. 2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued, effective April 22. 2008. To make it official to apply for TDIU which my disabilities consists of the following: 30% sinus tachycardia 20% Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued. 10% Service connection for Radicular pain pattern left leg; sensory is granted with an effective April 19, 2010. 10% tinitus bilateral 10% L foot 10% R Foot 10% Hypertension 0 R high frequency hearing 100%=VA Math 70% Prosthetics: Cane: Emergency Room TENS UNIT: Physical Therapy Back Brace: Physical Therapy PT Exercises Hydrocodone pain medication Have been unemployable since 2007 It is very difficult to turn my back on the back pay as I am beyond a doubt elegible for the backpay but I do not want to miss the big picture. Do you think this is the prudent course of action? possibly claim HEP C due to MUNJIE (gathering med and All Documents in Official Military Personnel File (OMPF)

John it is helpful to know I can count on you for a thoughtful option. You are always helpful and appreciated. The problem is the VA has nothing to do all day and frequently years of experience in thwarting claimants regardless of the merits of the case. In addition to that they know your alternatives often require years so the smart money is on the claimant just take whatever they feel like handing out. Case in point: The VA has manipulated this case to where no particular disability reaches 40%, which as I understand it is a requirement for unemployablity. They rated my sinus tachycardia at 30%. After tooth and nail fight they granted 20% for lumbar strain. Now they changed the diagnosis and split it to 20% and 10% whih in effect gave me a rating increase from 60 to 70 % without the backpay. They just never stop but neither do I. Fotunately I was there for my brother early on so he is here for me now, which is clearly more than I can say for uncle sam. This is clearly the definition of not willing to grant the full amount that, by their own admission is legally owed to me. Since when does a severity exam change diagnosis? Although the new diagnosis is more accurate and better for the long term, but denial of the backpay is going into a fight. So no unemployability at this point since they have blocked that.

This is a quite a pleasant surprise and from pete no less. I'll put the the thank you first. Actually what I want to hear is whatever the truth is, whether that's in my favor or not. I had already determined that waiting for the official ltr to come since nothing is official until that happens. Having said that I am kind of a proactive type which is why I posted this, to get opinions if there ar any proactive steps I could take before the VA has committed to a particular outcome. I have been trying to contact my DAV Rep which is like getting an appointment with the President, since he wrote the letter that got this ball rolling so he should be in a position to be on the inside of this situation. The DAV written layperson claim Low Back Pain, Which is about as catchall as you can devise, but this is early on when I had little experience with this process. They granted on MAR 22 2010 An examination will be scheduled at once to evaluate the severity of your service connected 1. lumbar strain with radiating pain through buttocks and down legs (document 1 Attached). After the severity exam I received Document 2 (attached) from the DAV, which changed the effective date and diagnosis, in particular: 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010. 2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued, effective April 22. 2008. Does a severity exam change diagnosis and effective date? Let there be no mistake, this is about money, and specifically back pay. Frankly I got everything I wanted out of this exercise: the correct diagnosis and SC grant. The part that has my back up is I know they are wrong by changing the effective date for item 1 since Sensory loss has been documented from 2006 multiple times from VA Neurology Consult/Ide[endent Opinion/PT in addition to radiating pain as demonstrated from Neurology Consults and Explicit MRI pinching S1 from 2006 on. It just does not ever seem to stop. Now the DAV rep is not answering his calls but I hav had some luck with the politicals which I don't like playing that card but what choice do I have? How would you handle this? PS ABBY Fine Reader is not exactly perfect. Department_of_Veterans_Affairs_Document1.doc Disabled_American_Veteran1_Document_2.doc

I thought I would bump this to see if the tumbleweeds were still collecting.

This is derived from my DAV rep. The original claim filing date was April 2008 which included: From VA DRO appeall. DAV lay statement for "Low Back Pain" was the initial claim submittal. Service connection for lumbar strain with radiating pain through buttocks and down legs is granted with an evaluation of 20 percent effective April 22. 2008. Note radiating pain down both legs. Dated MAR 22 2010 Severity QTC Exam at once was scheduled for 19 April 2010 DAV sent the following 5/6/2010: This letter is not intended to serve as your official notification from the Department of Veterans Affairs (VA), You will receive an official decision from the VA upon completion of necessary administrative procedures. The VA reserves the right to modify the decision prior to your official notification. The VAfs letter will inform you of the current monetary monthly and retroactive benefits to which you are entitled. The Disabled American Veterans (DAV) has reviewed the most recent VA decision concerning your claim for benefits. A combined evaluation of 70 percent has been assigned as a result of the following action(s): Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued. So this leaves me questioning the backpay 1. Service connection for lumbar strain with radiating pain through buttocks and down legs is granted with an evaluation of 20 percent effective April 22. 2008 2. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010. I would appreciate any input on whether there will be any backpay associated with this as 20% ( Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued) was effective April 2008 but the Radicular pain was granted April 19, 2010 which was enough according to VA Math to put me at 70%. Other part of the question is how did the VA came up with the effective date from the same QTC Doctor that found nothing wrong with my back to start with and effective date of April 19, 2010. They couldn't possibly claim I did not use the proper medical terminology. Do you need a medical degree to file now? DAV lay statement for "Low Back Pain" is pretty inclusive and since the DAV worded thhe claim and I have no special knowledge of filing claimsmsom wouldn't the benefit of the doubt go to the vet since radiating pain is granted. So whey the different date other than avoid back pay? Any help would be great. PS wonders never cease in this looking glass world of the VA. Now we are in a semantics war. How in the world could they split radiating pain at 20% to 10% Radicular pain = A Radicular Pain Syndrome is a spinal condition that results in symptoms of ... In the lower extremity the term "sciatica" with sensory=numbness which has been documented and is frequently part of Sciatica. Is there no end the gate keepers will go to? I hope I am wrong and that there is a reasonable explanation but I can't see anything but a clear brick wall without much thought going into the rebuttal, just a fight.

Vync, please do post the new topic regarding your experience with your VSO of choice and VSO's in general. That hasn't been covered in a bit that I know of and would be interested in the state of that situation. Seems like a week should be sufficient time to tell you hang in there.....or whatever.

Hi Vync, hope all is well with you. If you would when you have completed the Authenticated Sign Up please post your take on this site, as in does it contain all the info it reportedly makes available to us. Would be great if it does but new sites and technology often require a troubleshooting period. But hopefully this is the exception. PS: I got the heads up letter from the DAV stating they raised my ratng from 60 to 70 but changed the DRO grant from lumbar strain with radiating pain through buttocks and down legs is granted with an evaluation of 20% to 20% for 1 lumbar diagnosis and 10% for Radiculopathy or similar, but can't be more specific since I am out of town and the ltr has not been scanned and sent to me. They split the diagnosis for reasons unknow but has the effect of making it more difficult to reach the 40% on one diagnosis for TDIU requirements. But hey, can't win em all.