Had C&p This Week

[AB2WK]

I had a c&p this week and the doc asked me if my back injury is 80% of my disability. I was lowballed with a 20% rating last year for degenerative disk disease. I applied for voc rehab and they told me I was unemployable and put me in the independent living program. I also have ms but I'm not service connected for it. In the last decision they claimed ms was the problem, not my back. At this exam he hardly mentioned ms and at the end he said " is your back injury 80% of your disability?" I told him yes. He then said "how about 70%" So I told him between 70 and 80. He shook his head yes and started typing and sent me to my next appt with a neurologist. She did a quick check of my reflexes and said she was giving me radialculpathy and leg drop for my left leg and said I should get paid for having to wear an ankle brace and using a cane. She then said my claim will only take a couple of weeks to finish and told me to stop worrying about it. My question is - can a dr give me 70% and how do they know it will be done in a couple of weeks? I was never treated so good like that before

Edited May 19, 2007 by AB2WK

[Berta]

Do you have a 585 area code book- or maybe just google Buffalo Attorneys on the net- I am Nyer but in 607 and dont have the directory y0u need-

or google attorneys who represent veterans-

here is a bunch of them listed at NOVA:

http://www.nvo.org/attorneys.html

They dont have to been in your area- and can usually handle a claim by mail and phone-

I deal with Buffalo VARO so I assume you do too-

"I applied for voc rehab and they told me I was unemployable " did they add due to your SC disabilites?

If so that is golden evidence of TDIU.

Did you formally apply for TDIU?

"I was also denied for aid and attendance because I didn't respond to some form they say they sent me on Dec 28 which I never received"

They are good at that-they told me I never responded to a VCAA form which they never sent to me-and which I can prove I never got-my claim has been there over 5 years-my last 2-3 claims there took over 3 years-

Some of these people are illiterates in Buffalo RO-

do you see a private doctor?

the best thing you can do is- certainly NOD that decision and tell them exactly why it is wrong, and attach a TDIU form to it.

Under # 18 check yes and apply for SSA if you fit into their eligibility criteria

Under Remarks # 25 refer them to attached page and tell them how you SC meds affect your ability to work, why Voc Rehab turned you down,and of any other medical evidence you have that supports a higher rating or TDIU.

Veteran- I might have asked long ago but I forget what you said-

the MS- was it diagnosed within 7 years after your military discharge?

Or even was it symptomatic (documented) to at least 10% within ten years after your discharge?

Dont give up-I think this RO is under the gun-

(I know someone who asked OIG to investigate them and in 2006 I did that too)

do you have a copy of the blank C & P as well as the actual C & P results?

that is a good way to see if they gave you proper C & P and there might be something in the actual results to help you more.

[Berta]

gee i get so upset when I hear that Buffalo made another lousy decision I forget to attach forms

TDIU_form.pdf

[jbasser]

They should have considered IU since you meet the criteria.

Keep on hammering away at them for you are actually doing a great Job. File for the IU ASAP.

I would send a NOD to the decision because IU was not considered.

Even if the VA considers IU as inferred, It is a VA requirement the form still be completed.

http://www.warms.vba.va.gov/admin21/m21_1/part6/chg127.doc

Edited February 26, 2008 by jbasser

[Testvet]

I am not real smart but if a veteran is filing a claim for aid and attendance then it would be reasonable that they would be considered unemployable so if the issue is if they "sent a document" on Dec 28 or not I would file the NOD and imply the inferred claim for TDIU and that their failure to send the form to the correct address or the fact that the Post Office delivered it to the wrong address is NOT your fault that an action didn't happen that should have but I would put it in writing that you feel the TDIU was an inferred issue with the Aid and Attendance claim I don't know of any vet getting AA that is not their 100% or TDIU does anyone else know anyone who is?