ferris7060

I am at a complete loss for words. I got my denial for TDIU last week. I was too busy fuming to post until now. I was diagnosed with Raynaud's Phenomenom in 2004. I was discharged for this reason and awarded 40%. There is no cure for Raynaud's. I seriously do have Raynaud's attacks every single day. I have stopped bringing it up at doctors appointments due to the fact that many Rheumatologists have explained to me that I have tried all treatment without improvement- so my only course of action is lifestyle change- wearing gloves- even in the house during the winter, not going outside for more than 5 minutes in the winter, holding a napkin when taking a cold can from the fridge. In the summer I avoid tempurature changes such as sun to shade, Showering in luke warm water rather than hot, and air conditioning. I do all these things. I have always noted these lifestyle changes when asked about Raynaud's, but I do not bring it up on my own at appts. It's a dead issue. It's not going away, and they can't help me. They have proposed to take the 40% away do to Raynaud's improving. I have no paper trail to offer. Only old evidence proving that I was tested, poked, and proded by specialists for 3 years before giving up hope of improvement. Each time I was tested, I was diagnosed with Raynaud's. The problem is there is no quick test to go take to prove symptoms are still as severe. Although Raynauds is uncomfortable/painful, I have never claimed that I cannot work due to Raynauds. There are certain jobs out there, inside work, that could be done with this disorder. I did work after medical discharge from the Army until my neck/migraines got worse- which brings me to my second complaint. I am also service connected for DDD C5 & C6. I had surgery in 2006. They connected migraine headaches to my neck. I claimed in 2006 for connection and was denied. In 2009, due to CUE migraines were connected. I have literally 2 pages of dates where migraines were reported at doc visits, most stating 2 days a week, prostrating, and needing bed rest. I have had a Neurologist confirm (which lead to CUE). I have been on several medications that did not work. My migraines are at 30% currently (percentage stayed the same with new decision). C&P examiner 10/2010 Employ opinion: It is at least as likely as not that the veteran's service connected disabilities would negatively impact his ability to obtain/maintain gainful employment. Veteran's DDD cervical spine and headaches are severe. Veteran's neck condition would prevent him from doing any heavy physical work, repetative lifting, or a job that requires repetative bending of the neck. The severe headaches would prevent any useful employment. He gets at least two bad headaches each week requiring bedrest all day due to pain, nausea, and emesis. The C&P examiner did not ask hardly anything about Raynaud's and did no hand testing, other than to say coloring is good at this time. Did however mention the precautions I take to reduce attacks. Also noted Raynaud's happens less than once a week. Really? Who the hell told you THAT? Wasn't me. I would have had to have forgotten that I live with this and it definately happens every single day for some reason or another. Now for the EVIL raters opinions, where he came up with them? I do not know! For migraines: A review of the evidence indicates confirmation of your service connected diagnosis with your subjective reports of weekly headaches with most being prostrating. A review of your VA outpatient reports from September 7, 2004 to the present is negative for any report of your having or needing bedrest other than the October 2010 examiner's statement based on your reported complaints. There was no evidence of any prostrating migraines since 2004 other than your current exam. Based on the evidence considered, the evaluation of service connected migraine headaches assiciated with DDD of the cervical spine, which is currently 30 percent disabling, is confirmed and continued. A higher percent of 50 percent is not warranted unless there are very frequent, completely prostrating, and prolonged attacks productive to severe economic inadaptability. HUH? According to that I have never had a migraine in 7 years. Wonder how I got 30%, a CUE, tons of medications, Neurologist appointments, and two pages of specific dates where migraines were complained about, with every doctor noting the severity? DDD was increased and an additional 10% is granted for forward flexion of the cervical spine being 15 degrees or less. (Now DDD is 30%) Individual Unemployablity: A small number of you disabilities that were examined were found to warrant a change in the evaluations. Your DDD was determined to meet a higher criteria, however Raynaud's was found to have improved, based on the outpatient treatment reports (meaning I have not had any or complained about an untreatable condition- lessoned learned on that one- it should always be the worst day of your life when dealing with the VA). It should be noted that the evaluation of the migraine headaches disability was not warranted as the objective evidence in your OPTs failed to support the examiner's determination which were based on your subjective reports. All OPTs were reviewed (definately not the case) and none could support claims of prostrating attacks as the result of the weekly migarine headaches claimed. As stated earlier, in order to be entitled to IU, your combined evaluation must be at least 70% disabling with one of those SC disabilities being at least 40%. Receipt of SSA information strongly support this criteria as it was a condition stated in that SSA decision, it is also service connected, and it is 40% disabling. However, as all service connected conditions needed to be examined, the previous rating, as well as this rating did not warrant that evaluation. If anything, it has been proposed to be 10% disabaling. In accordance with the VA regulations, you are provided 60 days to provide evidence showing that this reduction is not warranted which will also assist your claim for TDIU. Okay, for starters they claim that both the past two C&P evaluations did not warrant 40% for Raynauds. The 2008 C& P stated "Raynaud's is still problematic and would limit veteran's ability to work. (even though I wasn't saying I could not work due to Raynauds). 2010 C&P all sounded great in my favor until the guy put down an answer of "once a week" to a question he never even asked me! Okay...HELP! What to do?

I just realized that even though my VSO and the 800# say Notification, Ebenefits still says Decision, so they haven't updated. Sorry, just on pins and needles here. Thanks for responding!

I have just learned that a decision has been made on my TDIU claim and it's in the Notification stage. I have read many times on here that people who have checked letter generator have seen the change in percentage before they recieved the brown envelope. Is it always true that they go ahead and change your percentage when the decision is made? There is no change in my percentage and I'm hoping that doesn't mean a denial.

Thanks to all who replied, it's great to have a place to go and people to talk to who have more experience dealing witht the VA than I do. It also helps to think there may be a method to their madness rather than just sending it back for giggles (and as a delay tactic). A new claim showed up on EBenefits, it said Regulatory and Procedural review Claim (it was opened on Aug 10th, the day my claim transferred to Buffalo). Anyone have any guesses as to what that's all about and how it effects my claim for TDIU? Is that just somerthing to show the claim has been moved or changed in status, or does it mean something else?

Thanks for the reponse. I'm at 70%. <li style="display: list-item;"> Raynaud's Phenomenon <li style="display: list-item;"> migraine headaches <li style="display: list-item;"> degenerative disc disease C5-6 <li style="display: list-item;"> bipolar disorder with depression and anxiety associated with Raynaud's Phenomenon I'm sure they don't like my C&P, the doc stated in it that "It is as least as likely as not" that I would be unable to hold a job due to SC disabilities. I have another C&P from two years ago that said the same thing (different doc). I was awarded SSDI for SC disablities alone and all comments from the judge for granting it were direct quotes from my VA records or VA docs. The SSDI judge granted that I was unemployable since Sept 5, 04' which was my ETS date from the Army (medically discharged). How do I find out what exactly sent me back to Development, so I can get whatever it is to them. Nobody that I have contacted is any help to me at all. My VSO never returns calls. I've called maybe 5 times since opening my claim a year ago, she only called back once and that was because I finally had a melt down with her secretary (after calling 3 times one month with no response). I have been relatively calm during this wait, but it is starting to really get to me the way VA has no accountability. Its age old, I know, but that doesn't make it easier to deal with. I just don't think I have another "calm" year in me. I know I should grab a fishing pole, but I'm starting to daydream about hooking a 1-800# rep with one instead. kidding...kinda.

Started TDIU claim August 12, 2010. Had C&P's very quickly. Decision phase by Feb, 2011. Two days before claim hit 1 year mark it was sent to Buffalo. They immediately out it back in Development. I got a letter from them JUST like the letter I got when my claim first started. We have recieved your application for benefits. It is our sincere desire to decide your case promptly. However, as we have a great number of claims, action on yours may be delayed. We are now in the process of deciding whether additional evidence or information is needed. If we need anything from you, we will contact you, so there is no need to contact us in the meantime. This sounds like I was put at the bottom of the pile in Buffalo, like I just started the claim? Is that how it works? Should I be expecting another entire year or more, or do I get some priority because I'm a year in, already sent everything they asked for, and had my C&P's. They should not be able to send a claim back to development without stating what is it the claim was missing in order for them to make that decision. Where Buffalo has never seen my case, do they just start over from scratch? Is there any way to contact Buffalo to see what they have and what they do not? I sent in several things (through my VSO) that eBenefits show as never arriving. But the 1-800 can see them. Sorry so many questions, I just feel right now like I am missing something, and once they make that decision, nomatter how stupid their mistake, it will still take me FOREVER to get it straightened out.

I have had SSDI since Feb 2010 granted for SC disabilities only. It states in my SSDI decision that all information used came from my VA records. They dated that decision back to Sept 2004 which was my ETS date from the Army (medically discharged). They quoted a VA doctor who said I was unemployable. My C&P for this claim came back with a seperate VA Doc stating "at least as likely as not" to the unemployable due to SC question. I think I have a pretty good chance. I have done very well with finding the patience for this process, until lately, I'm growing really tired of it. I was fine until being sent back to the development stage a year into the process. I have to admit I was a little happy just to hear that someone touched it at all though- it's been a while.

I am not a Vietnam Vet, so definately not part of Nehmer. My claim started in Togus and just got sent to Buffalo ( I think). This concerns me because I have always delt with Togus, and although they are not always timely, they have been fair in my experiences with them. I have not read the same about Buffalo. I guess we'll see in time. Called the 1-800# and the rep couldn't even figure out what had taken place with my cliam. One page said it was in Togus and in the decision phase, and another said it had been sent to Buffalo and back in development. You never can tell what these guys are doing from one day to the next. Waiting the time would not be so difficult if the organization was upfront about where your claim was and why. It says its back in development, but also says there is nothing they need from me. No mention as to what the claim is missing, and no letter as of yet. I was just wondering what on earth Regulatory or Procedural Review was, Capt.Contaminate was kind enough to find some info on it for me, but I still don't quite know what all that means to my claim. Anyway, my wife has encouraged be to stop wondering about the details and wait patiently for the ever elusive envelope. Can I get a lawyer this late in the process? Or do I have to wait and get one if it is denied?

I started my claim one year ago today for TDIU. I thought I'd check EBenefits on this 1 year mark, and what I found was confusing. I've been in the decision phase since Feb 2011, today I had a new claim enetered that said "Regulatory or Procedural Review" opened Aug. 10th. It states that this claim is in Buffalo (my TDIU claim is at Togus). Anyone know what this is all about? Because it says this claim is in development I am nervous that my TDIU claim is not only back in development but also in Buffalo?

Hi, I am waiting on a claim for TDIU. I am SC, 40% Raynaud's Phenomenon, DDD C5&6, migrain headaches caused by DDD, Bipolar disorder with depression and anxiety assoc. w/ Raynaud's Phenomenon. It is my DDD and headaches that have seen significant changes. I have had a recent C&P where the doc wrote that my DDD would interfer with any physical jobs, or jobs where I needed to ben my neck. He also noted that my headaches would prevent any useful employment. What I am wondering about is the importance of the past employer forms. I have not worked since 2007, and my last 3 jobs were for small local businesses. One has changed ownership since my employment and nobody there would know who I am, the second position closed in my area but still has one location (that boss does not like me do to an argument we had while I was employed and I'm wondering how far he would go to put the screws to me), the last is still going strong, and I believe owner will fill out forms honestly and promptly. How important are these responses? Will it drag out my claim if they don't respond? I did have absences from each job due to migraines, and also had anger outbursts. How long will they wait before continuing without these forms returned?

I applied for TDIU in August. My DAV added a statement to my file that out of my last 3 employers, only one was available to speak with. I worked for 3 small businesses (last employment was 2007). Each only lasted at most 3 months. One was sold after my employment and the new owner would not even know who I am, another closed entirely, and the 3rd is able to fill out the forms although I was employed there in 2006 and owner admits to not keeping any formal record of my employment with him. He does not remember employment dates or exact wages. AFTER the VA got my statement I get a letter stating that they have sent a request for employment info. to all of these employers, but I should check up to make sure they fill these forms out. This isn't possible. What should I do? Is this going to hold everything up? What happens when only one employer responds? I do have an SSDI decision solely granted for SC disabilities and I have already seen a copy of my C & P exams done on Oct. 25th, which has the words, at least as likely as not for my DDD and says due to migrains caused by DDD I could not do any kind of work. Is this going to be a big problem?

Thanks! I thought it sounded good, but didn't want to get my hopes up for nothing!

I just got my results back from my C&P exams for TDIU. 1. Migraine Headaches 2. Degenerative Disc Disease Doctors Employ Opinion: It is at least as likely as not that the veterans service connected disabilities would negatively impact his ability to obtain/ maintain gainful employment. Veterans DDD cervical spine and headaches are severe. Veterans neck condition would prevent him form doing any heavy physical work, repetative lifting, or a job that requires pepetative bending of the neck. The severe headaches would prevent any useful employment. He gets at least two bad headaches each week requiring bed rest all day due to pain, nausea, and emesis. I have SSDI, is this above an opinion in my favor?