Old 5311

Dave, I'm almost in the same situation as you except my employer, DON, placed me in a Special Accomodation status, limited my PD requirements and I can keep my job. Keep in mind the VA is working on making TDIU very difficult for anyone to obtain. Good Luck. Regards, Old 5311

The VA has strict guidelines for IU and they do follow them, at least at the Gainesville (Fla.) VA Hospital. I was IU for awhile with the recommendation of four doctors and the strong recommendation of the VA Vocational Rehabilitation manager and councilor. Mine was a sound case. I presented nearly 600 pages of medical documents to prove it. Some of my service-related conditions have worsened over the years. To say the system is broken is to say money is more important than our veterans VA care should be the major concern, and the president and Congress should properly fund the Department of Veterans Affairs. They seem to find money for pork and illegal immigrants but not for the veterans. D. E. HUDSON Via e-mail Now I know why the VA is dragging its feet on my request for IU. I have two VA doctors, two orthopedic surgeons, one pain management doctor, one primary care doctor, one physiatrist and another VA doctor sending me for a compensation and pension exam. I have another doctor from Social Security Administration stating that, due to my service-connected disabilities, I can no longer work. But this is not sufficient for VA to grant me IU. They now say, after my sixth surgery in two-and-a-half years, that I will have to go back on 100-percent temporary disability and go through the entire process again. I guess they figure that in time IU will be done away or they will find a doctor who will state the other eight do not know what they are talking about. The fact that I had to give up a well-paying job to raise a family of four on peanuts, just because I served my country in time of war, makes me regret ever having put on a uniform. JOHN P. BROUGH USN-Ret. Vie e-mail I was awarded IU effective Jan. 1, 2005. I had been employed at the U.S. Postal Service for 19 years as a full-time mail handler, making $57,000 a year with overtime. I now draw IU compensation in place of that salary and am having a very difficult time making ends meet. If it wasn't for Army doctors who did my knee operation backwards, I would still be employed with postal service and able to provide for my family of four. Now here come congressional auditors wanting to change IU eligibility to save money so that Congress can spend it somewhere else. Too bad we couldn’t just sue military doctors for their mistakes. It could reduce the errors. Instead we get the peanut offerings of the VA. JOSEPH A. HIHN, JR Via e-mail

Disgust Over IU Problem Tom Philpott | June 23, 2006 Readers of Tom Philpott’s Military Update column sound off. Former Rating Specialist Attests to ‘IU’ Problem Regarding your column on the Department of Veterans Affairs’ lax oversight of disability ratings for Individual Unemployability (IU), I can say from first-hand experience it has been a poorly kept secret for many years. I worked for the VA from 1973 to 1988, spending four of those years as rating specialist and four more as supervisory claims examiner. While I was a rating specialist, the VA conducted a nationwide review of IU cases. As I recall, it found that a third of cases were decided correctly, a third were questionable or lacking sufficiently developed evidence, and a third contained “clear and unmistakable error.” An example of a clear error was a 60-plus WWII veteran who worked his whole life in a physical job and retired due to a job-related injury after he was 60. He had static combat-related wounds that combined to a rating of 60 percent disabled. He had been placed on IU with nothing more than his application. He had not even claimed his service-connected injuries had in any way made him unable to work. Many years ago the adjudication officer of the Seattle VA Regional Office had made it policy that veterans with qualifying percentages would get IU when they retired at any age, and without any examination to see if their service-related condition had worsened to cause them to be unable to work. By the late 1970s, the WWII generation of rating specialists were retiring and being replaced by Vietnam-era veterans. We all knew that the former practice was not permitted by VA regulation, so we did not do that. Your article indicates that 79 percent of new IU ratings go to veterans over age 60. So it sounds like that long-ago discredited policy has resurfaced. When I left the VA in 1988 the Court of Veteran’s Appeals was just being organized. Friends who continued to work at the VA said the court imposed huge procedural burdens on the rating process. Cases that were clear-cut and required only a short rating narrative to support findings became pages long to comply with court requirements. Case after case was remanded for further paperwork. The court’s effect on the rating process should be studied. Congress gets involved periodically too and enacts “VA Medicine.” That means making causal connections between medical conditions that are not supported by science but favored by veterans’ groups. The VA employees I knew were competent and hardworking. The problem is a rating schedule that has not been scrutinized for half a century, "medicine" influenced by powerful political forces and a legal review system that dramatically burdens the whole process. ROBERT CARPENTER Bremerton, Wash. The GAO recommendation that VA tighten its oversight of the IU rating is long overdue. While working as a Vocational Rehabilitation and Employment Officer, I complained about IU decisions for several years. In extreme cases, veterans said they had been prompted by their service officers to make these claims and to abandon jobs and rehabilitation programs to support their claims. This occurred following a determination by the vocational rehabilitation staff that the veteran is "employable" and that the opportunity for rehabilitation to a suitable job is feasible. While working as a Vocational Rehabilitation and Employment Officer, I complained about IU decisions for several years. In extreme cases, veterans said they had been prompted by their service officers to make these claims and to abandon jobs and rehabilitation programs to support their claims. This occurred following a determination by the vocational rehabilitation staff that the veteran is "employable" and that the opportunity for rehabilitation to a suitable job is feasible. M. FARMER

My Asbestos was denied with clear evidence of extensive exposure. This is because the Pulmonary technition Worked very hard to get me a satisfactory PFT. We repeated it untill a satisfactory test was achieved. I have 6 1/2 liter lungs, this contributed to my passing the PFT and getting denied. B) This was at Gainesville FL VAMC. I left there totally EXHAUSTED!

sbrewer, Ask your VA MH Doctor for a C & P Exam because symptoms are getting worse, med side effects-not working or new symptoms etc. Your doctor can make it happen. Read posts here how to conduct yourself at a C&P. A FAX to him is very effective in your handwriting. Ask him to call you if you would like. Plan to use his remarks and notes and private doctor's notes, if any, as evidence for increase.

Moe, So it will be a long wait.... Good for you, hang in there!

I have a pending appeal befor the BVA. My SO says this may take 24 months to complete. I'm 63 now and don't know if I'll be around that long! Anyone have a hunch just how long it takes? I originally filed in 2/02, got denied on 01/06. NOD, denied. Submitted appeal. This may take years at this rate! Just waiting.....

Please define "schedular". Might be worth looking into.

Please define P & T.

How does a Vet become determined to be Incompetent to Conduct His Financial Affairs?? This is no joke. All replies will be appreciated. Regards

Good for you. I also got off of it after severe constipation and fecal compaction. It is a terrible drug with side effects much worse than the symptoms.

Thanks, good thoughts to consider.

Thanks for your reply. Yes Fed Civil Service has a disability plan but it is not desirable. Not a good deal. I'll take the VA/UI and SSD. I hope I have good advice from my VA doc and DAV SO.

My concern is a lapse in income. A SO advised me to give my employer a 90 day notice then file for unimployability with a given date. The VA doc has the recommendation in the computer already. Hopefully SSD would follow soon. Thanks for your reply

My VA doctor has recommended unimployability. I am still working but I need to know if I can file for UI while working. I don't want to be homeless again. I'M 62, 80% with spouse and 17y/o son at home. Anyone with advice out there? Does 80% =100% when unimployable? My SO is too busy to bug very often, a great guy but maybe someone here has the answer. He is also urging me to file UI. You are appreciated.

I went to my scheduled C&Pand waited 4 hours w/o seeing a doctor. Whatsup?

Thanks again. I'll take a lot of data with me. Yes, several if not all dr's reports relate the condition to mil.

Very helpful. Thanks

Hey Ya'll, I'm pretty new to Hadit and am having difficulties while studying the posts. Someone please define the following acronyms: BVA SOC CUE CVAC DRO POA URL PITA DIC CAVC Many Thanks

Thanks for the good information. The onset of pain occured 4 years after discharge with no family history of arthritis. It is directly related to my USN occupation (NEC) code: 5342/5311 and is recognized by both navy and civilian orthepedic doctors as a result of hard tissue decompression following deep dives. I filed several years after discharge so this will no doubt be tough to win. The RO has an extrodinary amount of documentation regarding my condition, ie, private drs and even a VA dr's diagnosis of "degenerative bone disease". Also recent private and VA Orth. exams concur with all the previous opinions. These opinions now define the disease as bone necrosis in the long bone joints. This is a known condition resulting from extensive deep sea diving. Joint replacement is the only cure. I will take your advice and be prepared to appeal if necessary. Thanks for your incouraging reply. Best Regards

Upcoming C&P for OA with bone necrosis resulting from many years of spec/ops. Many doctors, both private and two VA docs have diagnosed my condition and determined it to be service connected. Claim Denied because symptoms started soon after discharge. RO commented that doctors provided no rationale and that the diagnosis was speculation. In my occupation we were advised of probable early onset of arthritis. Young people don't heed these warnings. An appeal with docket is in place, now I'm notified of a short notice C&P. Anyone have a hunch what is going on?? My activities are very limited due to pain and I'm on a special accomodation with my employer. Very thankful to be able to drive but cannot keep working much longer.

Thanks Berta, Very good info! I've been covered in AB while busting in AB off steam piping and valves.

I have a pending appeal for the above degenerative bone disease. I admit I'm a train-wreck! This disease is directly related to years of extensive, deep, saturation diving. Now while waiting for the appeal hearing I get another C & P where perhaps it will be completly and satisfactually resolved or denied again. Dead bone in the joints is no small issue. This is such a rare disease that probably no one out there has knowledge of it. Only a very few <10 "subjects" were diving to 650 fsw extensively around the world, now I'm seeing the consequences of all that fun. With or without medication I am in pain even while lying in bed. I'm fine after rest for a few hours then the joint pains return in the neck, shoulders, back, hips and knees. I'm lucky to be employed and my employer has made a special accomodation for me for desk work only. I am trying to cope and continue working because I have a family to support. I do use a walking cane often but not all the time. Weather, activity, rest and medication ( and BENGAY) all effect my ability to walk. This may be a tough nut to win but I have large amounts of supporting doctor's notes both VA and private. Any advice for me? Persistance for sure. My SO is real diligent in helping me. Now it is up to me not Bomb the upcomming C & P. Not dancing, just getting by. Thanks in advance. MERRY CHRISTMAS!

j999, MorGan, jstacy and Berta: All good well thought out replies. You'all are awesome! I have an appointment Jan. 11 with a pulmonary specialist, NASJAX hospital. He will determine a fresh diagnosis and I will use his notes for my NOD remarks. The disease was discovered in the ER after I was found unconscious. The hospital gave me a chest x-ray and a Nuclear mist lung scan and immediately asked me how long I've been smoking. Their diagnosis was Emphysema. BTW the x-ray showed nothing. Our discussion led to asbestos after my informing the Dr. that I am a lifelong non smoker and spent years exposed to AB. This discussion resulted in a diagnosis of Asbestos related lung disease; Emphysema. I have also been exposed to large amounts of Sodasorb and Barylime. Soon I'll get another opinion. My large lung capacity unfortunately makes for good PFT results. Glad to hear about the HRCT and will try to get one. Soon I'll have more data and new diagnosis to support a well founded NOD. Thanks for all your efforts and advice! MERRY CHRISTMAS!

Thanks for the very thorough reply. I have been urged to file for a K-award for total ED caused by the use of VA prescribed antidepressants to treat depressive neurosis/PTSD. Sometimes these meds were given in combinations with 2 or 3 other antidepressents "coctails", all with varying degrees of SSA's. Many trial meds were tested on me, all with serious side effects, mainly digestive problems, constipation and finally fecal compaction (not a plesant thing). The ED occured while on a drug "coctail" and remains. Read your blog but do not know meaning of CUE, please define. Thank You