C&p And Re-eval Questions

[skinswin]

First, I just want to say thanks for this forum!! I just found this site and love the information I've read so far.

I'm 50% service disabled(40% back, 20% shoulder 0% hernia) I had back surgery while active duty in the lower back(L4-L5 diskectomy).

I had additional surgeries in the same part of my lower back in 1998 and 1999. I did not apply for reconsideration of my rating at that time. I know, I know I was an idiot!!!!

Now this year I had the same problem again with my lower back. Only this time it was worse and they had to do a back fusion at 2 levels of my lower back. This is my 4th surgery(Mar 15) in the same service connected location on my back. I've been on convalesent leave since Feb and I'm having to quit my job due to my inability to perform certain tasks. My doc says I can't even think about going back to work until mid June.

I filed for temp 100%. My service officer told me this would trigger an immediate re-evaluation of my rating.

Also, due to this last surgery in March I've had to have hernia surgery(SC) due to the strain of not being able to use my back muscles.

My question is do you think my ratings will go up for my back and hernia? If so, what percentages do you think I'll get?

My local Veteran Service Officer says that regardless of rating I should apply for IU. I'm new to this whole game so any advice, recommendations would be welcome.

Again, thanks to everyone for this forum and for the willingness to help each other out.

Thanks,

Jeff

[Berta]

Your service office is CORRECT!

Apply for IU-I will attach the form-

Under # 18 check yes and apply for SSA disability benefits too-and under # 25 Remarks- refer them to separate page, put your name, addess and c file number on it and tell them of how the disability affected your performance on the job and that you had to quit.

Attach copy of any proof of what the doctor said-as to not working (would he/she be willing to state something that shows that returning to work is not at all feasible at this time?

June is almost here and you might have more problems-

you must be unemployed to get TDIU.

Also add the hernia problems as secondary to the back surgery.

Tell them also of the side affects of any meds you take that make it difficult to work- like do not take and drive, causes confusion, drowsiness etc.

OOOPs -used fast reply-cannt attach -will attach the form in next reply

[Berta]

Here is the TDIU form:

TDIU_form.pdf

[skinswin]

Thanks Berta!!!

Can I file for IU now or do I have to wait until after my C&P?

I was under the impression I had to have my rating re-evaled then file for IU.

Thanks again!

Jeff

[Vike17]

skinswin,

The spine (either cervical or lumbar) is rated according to range of motion (how far you can bend over), or incapacitating episodes (prescribed bed rest within the last twelve moths from a doctor), whichever results in a higher rating. Unless you have "unfavorable ankylosis of the entire thoracolumbar spine (50%)," or "unfavorable ankylosis of the entire spine (100%)," the highest rating one can obtain due to range of motion of the lumbar spine is 40%, which entails a forward flexion of 30 degrees or less. The highest rating one can obtain for incapacitating episodes is a 60% evaluation, which is bedrest and treatment prescribed by a doctor of at least six weeks within the last twelve months.

If you are unable to obtain and maintain a substantial gainful occupation due to your service-connected disabilities, you should fill out the VA Form 21-8940 ASAP to protect your effective date. The IU application also acts as a normal reqeust for an increase too. What will happen is, if you do not meet the schedular requirments of IU, the VA will try and see if you warrant an increase to those levels, and if so, then they will address the issue of IU. If you do not warrant an increase to the schedular requirements of IU, the VA will simply deny the claim on that basis unless the decision maker thinks that, even though you do not mee t the schedular requirements of IU, you are unable to secure any substantial gainful occupation because of your service-connected disabilities. If this is the case, then the decision maker must submit your claim to Washington, D.C. for extra schedular approval. These instances do happen form time to time, but generally are very, very rare!

As far as your hernia, you'll need an IMO from a doctor to make the nexus, or connection, that your hernia manifested itself do to your lower back condition and the abnormal movement from it becuase of limitation of motion ect... in order to receive compensation on a secondary basis.

Hope this helps!

Vike 17

[Pete53]

Don't forget to apply for Social Security Disability. Its a lot quicker than the VA usually and it could help your claim.

Good Luck

[skinswin]

Vikes,

I have a 0% SC for my hernia already.

And I filed for SS disability as well.

I'll get the form and do the UI. Will that conflict with my temp 100% at all?

THanks,

Jeff