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bh1981
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Posts posted by bh1981
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For the TDIU, I have to say I was very fortunate to have had my coworkers sign forms and statements in support of my claim prior to me leaving. Even my boss did on my behalf. With that respect, I felt that I was pretty prepared as far as the paper process was concerned. However, the psychologist I saw at the VA, he was incredible. He was understanding, approachable, and he listened to my concerns and understood what those concerns were. With respect to SSA, I threw that application together under the thought that I would be denied. So when I received a call about a day ago saying I had been approved, my initial thought was the call was to tell me that I had been denied and I would have been okay with that. I guess there's a lesson in that...if you feel you are due your fair shake then apply and let the examiners tell you 'no' as opposed to denying yourself initially.
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Hello all...I just wanted to post a couple successes that just recently came through. The first is on the social security front. As soon as I became entitled to TDIU I applied for SSDI. at process took 4 months and required absolutely no medical or physical appointment in person. I just printed out the TDIU letter from ebenefits, downloaded my medical history from myhealthevet and printed it off, which was subsequently sent to Social Security. That process took 4 months and required absolutely no medical or physical appointment in person. Just a quick 10-15 minute phone call with a representative. I was awarded yesterday and applied initially February 24th.
The other is the Total and Permanent Disability discharge for student loans. Again, I applied the second I was awarded TDIU and that, as well, came back as being discharged yesterday. My loans totaled $64,000! I feel very fortunate to have some of the resources that have been made available to me by this website. The joy I experienced yesterday was like Christmas, my birthday, and coming home from both of my deployments wrapped all into one! I wish you all the same amount of fortune.
- peaches79, Notorious Kelly, Pete53 and 1 other
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I am interested in this topic as well. My EMG showed carpal tunnel syndrome in both wrists worse on the right. She also said there is evidence of acute cervical ridiculous thy at c8-t1 on the right, and on the left at T1 with evidence of acute denervation in the muscles innervated at those levels.
I have been rated 20% for cervical ddd. How would I put in a claim, would it be secondary to cervical ddd?
I imagine it would be secondary to cervical DDD but I would have your neurologist state it in writing that your CTS is directly related and secondary. Good luck.
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You're very welcome! I'm appealing my CTS because that comment also confuses me. When I read my C&P I had a completely different idea of what my ratings would be when compared to 38 C.F.R.
As far as symptoms, during the exam I had positive Phalen's & Tinel's sign (both sides). He confirmed paresthesias/dysethesias in both extremities and a decreased sensation during light touch at that nerve. I also had a nerve test (a few years ago) confirming CTS.
I personally think I'm confused on what "wholly sensory" means. I see that phrase a lot but can't seem to wrap my simple mind around it. Good luck on your FDC! If my NOD is ever resolved, I'll definitely post up the results.
Also, I forgot to mention that there is a device that has been approved for the FDA in alleviating the symptoms of CTS. I am in no way, shape, or form affiliated with the device or manufacturer so hopefully this post does not get deleted by moderators. But it has helped me at night, when CTS is worse, and I figured I'd share it with you. It is called CTRAC for CTS. It's basically a device that can be used on both hands and the intended purpose is to stretch the ligament that pushes against the median nerve in the wrists. So it acts as a sort of "release therapy" without the surgery. I have been using it for about 3 full weeks now and have noticed a significant difference in my non-dominant hand and a difference in my dominant hand that makes CTS more manageable. It's still there but the tingling and numbing have gone down significantly at night and during the daytime. It might be something to look into for whatever it may be worth.
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You're very welcome! I'm appealing my CTS because that comment also confuses me. When I read my C&P I had a completely different idea of what my ratings would be when compared to 38 C.F.R.
As far as symptoms, during the exam I had positive Phalen's & Tinel's sign (both sides). He confirmed paresthesias/dysethesias in both extremities and a decreased sensation during light touch at that nerve. I also had a nerve test (a few years ago) confirming CTS.
I personally think I'm confused on what "wholly sensory" means. I see that phrase a lot but can't seem to wrap my simple mind around it. Good luck on your FDC! If my NOD is ever resolved, I'll definitely post up the results.
Yeah, I got a positive in both Phalen's and Tinel's as well. I've had great luck with fully developed claims in the past. For my TBI screening they sent me to an outside provider and that was a horrendous experience. At least with these FDC's and DBQ's I can select and interview my treating physician and use my private insurance to pay for the assessment. When possible I can and will use my own selected provider for these assessments because I can follow up with them if I have a question pertaining to the DBQ they filled out. With the person I saw over the TBI assessment, because the VA was paying for it, they would not give me the results which I feel is completely erroneous. That's neither here nor there. Hopefully my physician makes it crystal clear that my condition is what it is and will alleviate the VA in making assumptions for "rating purposes". Philly VAROIC seems to be going pretty quick with FDC's as of late and I cannot go through the usual claim process as I am moving out of state next month, back to my adopted "home state" of Florida. So hopefully they won't send me for further C&P evaluations with a FDC. They didn't with my last FDC so we'll see! Good luck to you as well Julie. I hope your NOD works out well for you and you get your fair shake.
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I believe that is correct. If it helps I've copied/pasted the VA's explanation for my 10% each *left and right* CTS (median nerve). The verbiage is the same for my right (dominant hand) but instead of "a higher evaluation of 20", it says "30". There is a bilateral calculator out there somewhere that will do the math for you.
"We have assigned a 10 percent evaluation for your carpal tunnel syndrome, left hand/wrist
based on: . mild incomplete paralysis of the minor extremity
A higher evaluation of 20 percent is not warranted unless the evidence shows nerve damage
is moderate.
You claimed this as: carpal tunnel syndrome hand and arm. Although the examiner reported
moderate symptoms, your wholly sensory symptoms are more suggestive of a mild severity
level for VA ratine purposes."
I found the bilateral calculator as well. For those interested it is http://www.pebforum.com/VA%20_CALC/VA%20_CALC/calc.html
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I believe that is correct. If it helps I've copied/pasted the VA's explanation for my 10% each *left and right* CTS (median nerve). The verbiage is the same for my right (dominant hand) but instead of "a higher evaluation of 20", it says "30". There is a bilateral calculator out there somewhere that will do the math for you.
"We have assigned a 10 percent evaluation for your carpal tunnel syndrome, left hand/wrist
based on: . mild incomplete paralysis of the minor extremity
A higher evaluation of 20 percent is not warranted unless the evidence shows nerve damage
is moderate.
You claimed this as: carpal tunnel syndrome hand and arm. Although the examiner reported
moderate symptoms, your wholly sensory symptoms are more suggestive of a mild severity
level for VA ratine purposes."
Thanks for sharing Julie! The last paragraph in your assessment is what my confusion is over. "The examiner reported moderate symptoms...but your sensory symptoms are more suggestive of a mild severity rating." How do they determine the severity rating as being mild if the rating examiner determined you had moderate symptoms!? I guess I'll throw my fully developed claim at them and see what happens. Thanks again for sharing!
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In my experience, carpal tunnel is fixable. I had it. No residuals.
I'm glad yours was fixed. Surgery for me, at this point of time, is out of the question. I cannot afford to have any downtime due to recovery.
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Here is what I found:
C.F.R. §4.124a—Schedule of ratings–neurological conditions and convulsive disorders
4.124a-1The median nerve
8515 Paralysis of:
Complete; the hand inclined to the ulnar side, the index and middle fingers more extended than normally, considerable atrophy of the
muscles of the thenar eminence, the thumb in the plane of the hand (ape hand); pronation incomplete and defective, absence of flexion
of index finger and feeble flexion of middle finger, cannot make a fist, index and middle fingers remain extended; cannot flex distal phalanx
of thumb, defective opposition and abduction of the thumb at right angles to palm; flexion of wrist weakened; pain with trophic
disturbances
Complete: 70 60
Incomplete:
Severe 50 40
Moderate 30 20
Mild 10 10
The first number being for bilateral.
So, if rated for moderate, my dominant hand would be 30% and non-dominant would be 20% correct? Using VA math that comes to about 48% with a bilateral factor, rounding up to 50%. Would that be correct?
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Hello fellow Vets,
I had a nerve conduction test done with my neurologist and asked if he felt my carpal tunnel was related to military service with which he replied, "yes, definitively and absolutely". I obviously requested him to fill out a DBQ and am currently standing by for it. However, I have read numerous citations for this and cannot come up with a conclusive answer. How in the world does the VA rate carpal tunnel!? I read a few citations that stated the VA does not use terminology such as mild, moderate, or severe to characterize carpal tunnel so how do they rate it? Also, my private neurologist stated that I have moderate to severe carpal tunnel in my right hand and moderate in my left hand. I have attached a PDF of the electric nerve scan and physician impressions for your view. If rated, does anyone have any idea what that rating might be? Also, I have read some stuff about bilateral factors. Would a bilateral factor be applicable with carpal tunnel?Thanks, as always.
EDIT: For some reason I could not upload the PDF. Here is what was written by my doc;
EMG & NCV Findings:
Evaluation of the Left Median Motor nerve showed prolonged distal onset latency (4.7ms) and reduced amplitude (5.8mV). The Right Median Motor nerve showed prolonged distal onset latency (4.9 ms), reduced amplitude (3.3 MV), and decreased conduction velocity (Elbow-Wrist, 30 m/s). The Left Median Anti Sensory nerve showed prolonged distal peak latency (4.0 ms), reduced amplitude (13.5 uV), and decreased conduction velocity (Wrist-2nd Digit, 39 m/s). The Right Median Anti Sensory nerve showed no response (Wrist). All remaining nerves (as indicated in the following tables) were within normal limits.
All examined muscles (as indicated in the following table) showed no evidence of electrical instability.
Impression:
Bilateral median neuropathies at or distal to the wrists, i.e. carpal tunnel syndrome which appear to be in moderate to severe in the right hand and moderate in the left hand.
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Thanks for all of your help. I called the VA and they said they couldn't even find that letter, that was sent to me, in their system. As it stands, I'm going to assume that I am temporary, which is still okay for me. They need to make that letter a little less perplexing. Perhaps just put "glossary of terms" on the top of the page as opposed to "VA benefit details"! Have a good one!
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bh1981,
I think the VA letter just contains the definitions of different terminology used by the VA. If you were rated P&T, you would have received an info package on Champva health benefits and Chapter 35 educational benefits for your eligible family members. JMO
Good luck to you.
GP
That's what I thought as well, GP. However, the only reason why I question it is that the back of the letter is worded in such a way that made me think that I was, in fact, permanent and total. All of the benefits I receive from the VA are worded like "The Veteran is receiving". I guess I gotta make a phone call. Thanks man.
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Hello all,
I wasn't sure where to post this. However, I recently received TDIU with SMC. I assumed it was temporary, and I was okay with it. However, I received a letter int he mail today (the one the VA sends out after the ratings come back that outlines the various benefits and entitlements). On the back with the words VA Benefit Details a couple things are stated and based on what is stated, am I to now assume I am permanent and totally disabled? As always, your help is always valuable and appreciated.
SERVICE-CONNECTED DISABILITY: A condition incurred during or aggravated by military service, for which the Veteran is receiving VA benefits.
COMBINED SERVICE-CONNECTED EVALUATION: The Veteran’s disability rating for all conditions determined to be service-connected.
CURRENT MONTHLY AWARD AMOUNT: The monthly monetary benefit paid to the Veteran or survivor receiving benefits under a VA program.
NON-SERVICE-CONNECTED PENSION: Benefit for a non-service connected Veteran who meets specific criteria, which include disability or age, wartime service, minimum length of service, and income restrictions. If a Veteran is eligible for service-connected benefits and pension benefits, VA will pay the higher benefit.
INDIVIDUAL UNEMPLOYABILITY (IU): The Veteran is receiving payment at the 100 percent rate, even though the combined service-connected evaluation is not 100 percent. The Veteran’s service- connected conditions cause him/her to be unable to obtain or maintain substantially gainful employment because of the Veteran’s service-connected conditions. The Veteran must periodically certify continued unemployability, but if there is no scheduled future reduction or medical examination required, he/she may be considered by some states to be permanently and totally disabled.
PERMANENT AND TOT AL (P&T) DISABILITY : The V eteran is considered by V A to be permanently and totally disabled because of his/her service-connected conditions.
SPECIAL MONTHLY COMPENSATION: The Veteran is receiving additional compensation for one or more of the following: a service-connected loss of or loss of use of one or more specific organs or extremities; a combination of severe disabilities; is 100 percent disabled and housebound, bedridden, or in the need of the aid and attendance of another person.
SPECIALLY ADAPTED HOUSING and/or SPECIAL HOME ADAPTATION GRANT: Grants provided by VA to service-connected veterans and service members to help build a new specially adapted house, to adapt a home they already own, or buy a house and modify it to meet their disability- related requirements.
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Srisatta,
If you feel your fair shake it to be service connected for TBI, and you honestly feel you have it, then you need to fight it. Other than that I would continue to work closely with your VSO or go to a private physician and have them fill out a DBQ for migraines, etc. I was also denied TBI recently but have decided not to pursue it. After numerous tests and examinations it has been determined that it doesn't really exist and my migraines are more likely than not related to PTSD than anything. Migraines will be the next claim as I have about 4-6 prostrating attacks per month which requires me to have my wife call out of work to watch the children. Good luck to you.
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Great news, but I hope that I am P&T and might get another SMC too. It looks like the VA actually did their job, and I am so happy for you. Just save the SMC as you stated for a few months. As far as the Permanent thing, my bud just got his % awarded last week, and his letter still does not say Perm or Temporary. So just give it a bit.
Sounds good. Patience is unfortunately not one of my good traits.
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bh1981,
Did you check to see if you have an AB3 or "Commissary Letter" under the "Downloadable VA Letters?" The "Commissary Letter" I have on ebenefits shows my status as "Permanent & Total Disability" and "No Future Exams Scheduled."
Congratulations on the IU and the SMC award. Good luck to you.
GP
GP,
No, the only letter I have does not say anything like 'permanent and total disability' and 'no future exams scheduled'. However, it doesn't say that exams ARE scheduled either.
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Okay ladies and gents...i just got back the letter of determination and findings explaining everything. The denied TBI on the basis of not having a current diagnosed disability and that I did not have any record of a TBI episode (basically a lack of treatments) while in the service. However, they did award me tinnitus and I/U. That being said, they took it upon themselves by awarding me special monthly compensation for being housebound. I'm not sure what to think about that because I did not apply for it nor did I ever state that I was housebound. But I reckon the psychiatrist and rater felt that this was the case. I'm happy about the extra monthly compensation, it'll help a bunch, but I fear that could be a mistake on their part and am wondering if I should squirrel away the extra monthly SMC. Has that happened to anyone else?
Also, my veterans benefit letter in eBenefits does not state that it is permanent or not. Should I assume that exclusion serves to state that it is, in fact, permanent? This is what it says:
You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 90% You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes
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Sorry to hear that the VA denied you bud. I am SC for TBI/Migraines, due to OIF/OEF, and I am 100%. I put in a claim back in Nov 14 for a few new conditions and secondary conditions, as I too want the Govt to admit and treat me for every issue that I came home with. Well by submitting that claim, I think the VA thought I was ungrateful or rocking the boat, and what happened next the VA gave me a ton of C&Ps in a short time period and Reviewed most of my high Conditions, which included a PTSD Review which lasted for over 2 hours and was scary as hell for me. I too will be 33 next week, and the VA will be looking over our backs for a long time. God Bless and good luck. Keep us posted bud
Yeah, me too man. But, I do have to say that the VA has done pretty fair by me for the most part so I can't really complain. It sucks, yes, but I'll get it done. I'm pretty confident in that.
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bh1981,
Buddy statements (plural) from fellow soldiers who actually witnessed your in service injuries would be helpful. However, in my opinion you really need an IME and a strong IMO from a neurologist who could state your current medical issues (migraine headaches, memory recall and dizziness) were "as likely as not" caused by your in service injuries. The neurologist would need to review your relevant medical records and fully justify his/her opinion with reasonable medical rationale.
GP
Thanks GP,
My plan is to take a printout from the 'blue button' and take it to the neurologist up the road showing all of the treatments and such that I have had at the VA and then file a NOD, when the time comes. I'm hoping that will suffice. We'll see I guess.
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Wow.. we have the same similarities.. i have not filed for TBI because the DAV says migraines is almost same or more or.. well i am just confused about what they tell me.
I have sleep apnea, i have low t being treated, i am 30% for migraines and i have finally been able to put the VA on notice to my 9 foot fall on head that a DR i tracked down wrote a letter about. I should file for TBI as well, but not sure what to do.
Anyway.. Neurologist last week did a new patient screening and put the pain score at 0 even though he or his nurse never asked me. He wrote up that my migraines are from my Sleep apnea. .the VA is still doing there injustice with trained DR who know how to write up a least likely in favor report. Good luck with your claim, what i said in prev post is on point.. and just don't give up on your fight.
Yeah, it's hard to even keep in touch with any of those guys. After getting out we all kinda spread throughout the country, like everyone does in the military I suppose. Good luck with your claim as well, and with the TBi claim. I hope it works out for you.
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Please post the Reasons and Bases Section of the decision when you get
it in the mail.
Your profile here shows you SC'd at 100%.
What conditions are you currently SC'd for ?
If you are currently SC'd at 100% what is the additional benefit goal of getting
your TBI SC'd - possible SMC ?
Hi Carlie,
Thanks for your reply. My service connection at 100% is due to I/U and my total percentage is 90. The reason why I am pursuing service connection for TBI is because I have TBI. To not have the VA acknowledge that this occurred to me would be, what I consider, a grave injustice. Nobody truly knows the full and total list and symptoms of having TBI and so far I have had horrible memory recall, poor balance, and some poor trouble associated with migraines and balance. Plus, at 33, I was diagnosed as having severely low testosterone. I already have it diagnosed and am being treated for it so it doesn't really make much sense as to why it isn't service connected, aside from not having a proper link to it from being in the military.
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bh1981,
Do your service medical records show you suffered concussions due to parachute jumps and mortar fire while on deployment?
If yes, did you submit your service medical records to your VA regional office as evidence to support your disability claims?
If no, what evidence did you submit to support your claims?
Being treated at the VA for a condition you reported was caused by parachute jumps and mortar fire would not prove a nexus or connection of that condition to your military service. If you submitted only VA records, they may have confirmed a diagnosis of concussions but this alone would not be enough to substantiate your claim.
Please post the reasons the VA denied your claim and also provide a list of the evidence you submitted with your claim. The more info you provide, the easier it will be for Hadit members to offer suggestions or give opinions. Do not post your personal identifying info.
GP
GP,
Thanks for your reply and insight. Unfortunately none of that stuff was in my medical records. The concussions, although they occurred, were not listed. I pluralized parachute jumps when in actuality that only happened once when I got tangled in the trees. I popped my reserve parachute after I came t (about 10-15 minutes later) and drove on with the mission. The couple times in Afghanistan that we were hit, we were in a tiny outpost in the Kunar Province and didn't have any kind of support other than the bare bones staff, that did include a medic, but did not show up in my records. So it looks as though there really, truly isn't a link that the VA can make with my current troubles that mainly include migraine headaches, memory recall, and dizziness. Do you think a buddy statement would help? Also, by decision, I mean by what is on my computer screen by way of ebenefits, not snail-mail decision letter the VA sends out, so I have no idea what the specifics were behind their decision.
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I just got my decision back from the VA and they determined that my TBI was not related to my time in service....even though I am currently being treated for it at the VA for concussions due to parachute jumps and mortar fire while on deployment. How is that possible? Any advice on what to do now would be extremely appreciative.
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You and I are the only 2 people I know of who have hit the button and we both received positive results in terms of getting C&P exams scheduled straight away. It maybe too early to tell, but I'm hesitantly optimistic about this new feature.
I think it also depends largely on the VA Regional Office that these disability comps are done through. My office in Philly VARO, as I live in the immediate area, and they have been quite responsive towards my needs, healthcare, and professional endeavors (Voc Rehab). My rehab counselor is great and, with the occasional hiccup, VA services have been fair. Is it where it should be? No. but I do know I am one of the fortunate ones that have been relatively well taken care of by the VA. I wish that was the case for all the people that post on here because a lot seem to have gotten a raw deal on their claims, healthcare, etc. I'm glad it worked out for you.
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Thank you all for the very kind words!