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Nathan104

Second Class Petty Officers
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Everything posted by Nathan104

  1. Will the pictures be up any time soon for these?
  2. Thanks for the links. Ive done alot of research on TDIU and am pretty familiar with the eligibility requirements and everything. I didnt find anything while looking around on either of those links that helps with the questions I have on filling out the form though. Can anyone give me a little advice on the questions I had? Thanks in advance.
  3. I am filling out the TDIU forms and have a few questions on a few areas. First, my relevant info. I was med boarded out of the army in Nov 2005 for my knee. I was given a lump sum disability severance of a little over $40K. My main problem now is my back. Problems with it began in service. It got very bad in Feb this year. Had Lumbar diskectomy surgery in April(now wish I hadn't done it). Its worse now than before. My first claim on everything including the back is currently at the rating board. I had the C&P for my back in early Jan before it got really bad but I have sent every bit of med records and documentation in including written letters by me and my wife. I have not worked since I got out. Anyways, on to my questions. Section II block 14. Date you became too disabled to work? I was put out of the army on disability for my knee. Though technically, my back didnt get severe enough to not BE ABLE to work in February. So should I put the date I was discharged or when my back got bad? Section II block 15A. What is the most you have ever earned in one year? Well, last year my total was almost $90K but half of that was the disability severance. Do I put the total or just what my regular pay was? Section III schooling Im really confused by this one. I dropped out of HS in the middle of my Junior year and got my GED. I have just completed my very first semester of college(had to do the second half of the semester from home due to disability) So for (highest year completed) would I have to circle High school sophmore year or is one semester of college enough to consider it completing one year of college? Or since I got my GED is it considered completing 4 years of High school? I know, I probably just confused everyone reading this. Its hard to think straight sometimes on these pain meds. Also in the schooling section, it asks if you have had any other education or training before or after you were too disabled to work. Should I put military training in there? Lastly, is there a site somewhere with detailed info regarding the TDIU form? Thanks alot for any help it is greatly appreciated.
  4. I requested copies of 7 C&P exams Ive had in the last 5 months. The big envelope came yesterday. The first two report are for two of my 7 C&P exams. Then it gets wierd. In total, I got three other veterans info/ a couple of misc. inter-office emails printed out/ a VA inter-office memo on Asian/Pacific Heritage month/ a print out for a GI loan including loan #, amount,transaction codes Of the other veterans info, one page is a BIRLS Veteran Identification page on another veteran including SS#, DOB, EOD, RAD, etc..... I cant believe this. How careless do you have to be to throw all this stuff in an envelope. Seems like this person just cleaned off their desk and stuck it in my envelope. AND, what makes this just WIERD, is that I had Lumbar Spinal surgery last friday at a civilian hospital. I requested all my records to submit with my claim. I got them earlier this week and included with my records was over 50 pages of some ladies med records that included SS# and all her info. This is just insane! I wonder how much of my info has been sent to other people?
  5. Berta, Thanks for the reply. I am not currently rated for anything with the VA, this is my first claim thats in now. I was seperated for disability due to the knee. They operated on it then med boarded me out. I do have good documentation for all my claims in my SMR's including the back. The VA is not doing the surgery. I have not been seen at the VA so far for anything except my C&P's. I had 6 months of Tricare after seperation which covers me until May. The Dr has predicted that the surgery will relieve some of the sciatica pain down my left leg. If I send in the form for TDIU, will it delay everything and require new C&P's? Thanks.
  6. Hello all. I am thinking of putting in for TDIU. Ive had to drop out of school and can not work. I was put out of the army in November 05 for disability. I currently have a claim in for numerous things including Lower back pain with sciatica, Right knee(operated on in service), Hypertension, and several others. Had my C&P's back in January, claim is still pending. Since my C&P's, my back condition has gotten much worse. I had an MRI which showed two herniated discs with one being VERY large. I am scheduled for a Lumbar diskectomy on the 21st of this month through my civilian Dr as I still have Tricare insurance until next month. I have sent two handwritten letters in to my claim explaining the worsening of my condition(not sure if this will help), and I will be sending the MRI films, and the surgery report after the 21st. I also plan to get letters from my teachers stating I could not sit through class and could not complete the semester for this reason. I can also no longer drive myself. Im on Percocet now. I am thinking about applying for TDIU. But, I currently have no rating as my rating is pending. Should I wait for my rating to go through and then apply for it? If I put in for it now, will I have to have all new C&P's? Just not sure what to do. Also cant really think straight due to worrying over the back surgery. Ive already been down that road with my knee and it was no fun. Any help is appreciated. Thanks. P.S. Ive also heard that I can put in for 100% during my recovery from surgery. But, since it actually hasnt been rated yet Im not sure if this would work or how to do it?
  7. I just saw a Neurosurgeon for the first time today and have been scheduled for a lumbar discectomy on the 21st of this month. This is through a civilian doctor and the VA is not involoved at all as Im still under my 6 month window on Tricare Prime after exiting service in December. One of the issues I have in o my current claim is lower back pain with radiating sciatica. I have had an MRI that shows two herniated discs with one being very major at L5-S1. I have sent the VA the MRI report with a letter explaining it. I plan on getting them my actual MRI films after the 21st as my surgeon needs them until then. What Im wondering is what I should tell them about the surgery. Right now my pain is pretty much incapacitating and Ive had to drop out of school. Should I just send them a letter stating that Im having the surgery, wait until afterwards and send them copies of the records, or just leave the claim as is. Any info is appreciated. Thanks.
  8. I just got the letter scheduling my C&P exam for hypertension. I was diagnosed by a civilian Dr a month after exiting service and put on medication. My BP is no where near border line and stays VERY high. The letter told me to bring a signed letter from my Dr showing readings on three different occasions which is no problem. My question is, what exactly can I expect at this C&P? Is he just going to take my BP? Should I stop taking my meds a few days before so that my BP will read high or what? If I go in there and my BP is normal because I am taking my meds would it be bad? This shouldnt happen though as I stay high even on the meds. I dont know what he could possibly ask or try to find out during the C&P. Any help would be appreciated. Nathan
  9. Berta, thanks again for the help. I wrote up the letter this morning explaining the MRI and my current condition. Going out today certified. As for my other conditions, they are all docemented fairly well in my SMR's. Hypertension is the only ne not really in the SMR. I was diagnosed with it a month after leaving service after the VA doc commented on it during a C&P. Im now on meds for it and I pulled out 4 or 5 pages from the SMR where my BP was high during sick call visits. Hopefully that will be enough. I am thinking I may need to write a letter for that one to and maybe get a letter from my doctor explaing my hypertension and possibly connecting it to service. Not sure on that one. Thanks for the help.
  10. Berta and Hoppy, Thanks for the replies. I have not submitted a written letter with my claim yet. If I do send one in explaining the MRI and the current situation, will it matter that I do not address any of the other issues in my pending claim? And, from the replies, it looks like my original claim of LBP with sciatica will not need to be modified with the new info on the herniated discs as long as I have sent in the MRI report and the letter connecting the two? Just wanted to make sure. As for my school. The 40 minute drive there is horrible, and my teachers are already used to me standing up throughout class. Ive talked to them about possibly finishing the semester at home somehow since we are now halfway through. Not sure thats going to work out. I may end up with an online school after this semester.
  11. Hello all. I currently have my first claim in with the VA after exiting service via disability in Nov 05. I had all my C&P's back in January. I am still under Tricare Prime for the first six months after exiting service so I am seeing a civilian Dr. One of my claims in is for "Lower back pain with sciatic pain radiating into left leg. Well at the C&P they took an X-ray. Thats all Ive ever had. My pain has gotten worse and my civilian Dr sent me for an MRI. The Dr of radiology at the hospital said that I have the biggest herniated disc he has ever seen. The official MRI report states "EXTREMELY Large Left Herniated Nucleus Pulposus at L5-S1 with a smaller central herniated nucleus pulposus at L4-5 which may still be subligamentous. Desiccation of the L4-5 and L5-S1 intervertabral discs is noted." They told me that and gave me a scrip for Demerol(first thing that even touches the pain in my butt and leg) I sent off a copy of this report certified mail today. What Im wondering is, do I need to change what my claim is in for? Or will the LBP with sciaitica cover it and the MRI will show them what the problem is? Things have gotten alot worse in the two months since my C&P's. The pain makes it where I can barely drive anymore. Im going to school full time and cant sit through class anymore. Was hoping I could get a little guidance on the best course of action. Thanks.
  12. Swan, thanks for the reply. I didnt know that. So if I get 30% with 10% of it being for the knee, then I get a check for 20% worth and the Army gets the 10% worth every month towards the lump sum? That could help quite a bit. I was thinking the total went every month. Thanks for the info.
  13. Berta, Thanks for the reply and the info provided. I am sending the request for copies of my C&P's tomorrow via mail. I also sent out copies of my post-service records and a request to add sleeplessness/insomnia to my claim. As for the HBP, its only noted in my SMR where my BP was taken while at sick call for other things. They never pointed it out to me that it was high. But, the first civilian DR I went to with the FLU after getting out jumped right on it. Now I record my BP every day and it stays insanely high. They just raised my Lisinopril dose, hopefully that helps some. As for the tax question, I called the IRS today and after spending an hour on hold and being transfered 3 times, I found out that the lump sum IS retroactively tax free after getting a VA rating. I have to file as is now, then after getting my rating, do an ammendment to my return to get the rest of the withheld tax back. If anyone else has needed to know this, its in IRS Pub 525 under sick/injury pay. As for the 21-4138, I guess I will try and fill it out the best I can. I just dont want to say the wrong thing or say something the wrong way. Any further advice or guidance would be greatly appreciated from anyone. Thanks and good luck to us all.
  14. Well, I am a few months down the road from where you are right now. I got out on an MEB the 1st of Dec. They make the decision about severance pay, you dont have a choice Im afraid. I got a little over 47K in a lump sum severence pay. Over $13K was withheld from that amount for taxes. I just spoke to the IRS about the tax matter. Refer to IRS pub 525 under sickness and injury benefits. "Retroactive VA determination if you receive A LUMP-SUM DISABILITY SEVERANCE PAYMENT and are later awarded VA disability benefits, exclude 100% of the severance benefit from your income. " Ive already received my W-2 for 2005 from the military and the severance pay is included as taxable income. What I have to do is go ahead and file as is. Then, when I receive my rating from the VA, they said to do an ammendment to my return and exclude the severance amount, attach a copy of my VA rating, and send it in. Then you get the rest of the tax withheld back. Hopefully, you will get your severance pay, and VA rating all in the 2006 tax year, so you dont have to do an ammendment like me. As for the VA withholding payments to repay the severance, thats just how they do it. I am using my severance pay wisely to live off of right now. If I get a 30% rating, I will not start to receive monthly VA checks for about 8 years. Good luck on yours.
  15. Hello all. I am freshly out of the Army after 8 years of service. Im 27 yo and Ive been out since 1 DEC. I was put out by MEB after knee surgery. Army rated my knee 10% and gave me a large severance pay. I have made my initial claim with the VA for several things including chronic right knee pain patellofemoral syndrome and chondromalacia patella post arthoscopic repair with disfiguring scar, chronic lower back pain with radiating sciatic nerve, Acid Reflux, right hip DJD,achilles tendonitis, hemorroids, bilateral tinnitus,stomach condition with pain,cramping,diahrea. My claim was written up before I got out by a local VA rep. I have had my initial C&P evaluations around the last week of Dec for the listed conditions. During the first part of Jan, I was diagnosed with high blood pressure and put on Lisinopril. I called the VA and added hypertension to my claim with copies of about 6 pages from my SMR that show in service high blood pressure. Im not sure whether it will matter that I wasnt actually diagnosed with it in service. Hopefully since I am recently out it will still count? Should I send in copies of med records from my Dr's visits on this since Ive been out showing they put me on BP meds? I have not received a C&P appt for that one although I did receive the form letter that they are working on my app for it. Well, I also suffer from sleeplessness(best I can call it). I had it for the last two years in service. I had a sleep study performed in service and found very mild apnea that they said should not matter. I have been on Ambien for over a year for it and recently had to up my dosage as its getting much worse. I did not claim this based on what they said about the apnea. Im wondering about adding this to my current claim. Ive got what seems like a long list already and have already added the hypertension. I am wondering if by adding this they will look at everything negatively since I have a claim in for so many things. Although so far, everything is documented in the SMR except the actual diagnosis of hypertension. I have not heard anything since my C&P appts the end of Dec. I have read on here that a copy of these can be obtained through FOIA but not sure where exactly that is? Also wondering if adding the new condition is just pushing my rating determination back further and further? I have no clue how long this will take for the initial rating at the Little Rock AR VARO. Ive asked many questions already but one more. I know that when I receive my rating, my monthly payments will all go to the army until my severance pay is repaid in full(roughly $47K), then I will begin getting it every month. Ive heard from several people that after getting my VA rating, the lump sum severance pay becomes retroactively tax free? Anyone know any more info on this? Ive had no luck searching IRS or here. Sorry for such a looong first post and so many question. Thanks for any info and feel free to give me any advice you can offer about the process in general. On a side note, I have not seen a VA Dr for any of this besides the C&P's. they told me I cant get care there until I get rated. I have 6 months of Tricare coverage though so prefer the civilian Dr anyways. EDIT- I received a VA form 21-4138 statement in support of claim to fill out. Is this something I need to fill out or is it best to just see what the rating comes back as and then worry about it if an appeal is needed?
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