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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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windy city

Lou

Question

Just got of the phone with the Dav rep. talked about my denial for Lou of lower extremities and his reply for the denial was that a person haves to be wheelchair bound or be an amputee. I informed him that a wear bilateral leg braces and that one of my service connected disability was causing lou and his reply good luck because it was not going to get nowhere. What a way to help these are people that you pay a life membership to join the Dav and this is how they help you. I requested to change this guy and was told they could not. Ever since I have this guy is nothing but denials I feel he is all for the VA and nothing for the vet. Need advice on this one from people that are experts in this area and like to know if this guy right or wrong and a possible way to get rid of this guy so he will not be my rep. at the Dav.

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Life memberships are nothing more than "donations" they don't buy you better repesentation. You can always revoke your POA and get another service organization to represent you. But Loss of use is pretty much restricted to paralyzed limbs or the need of a wheel chair for locomotion My heart disease keeps me from walking and I am restricted to a power chair for movement over 100 feet and use a walker for the short distance any walking gives me shortness of breath and chest pains and until I get the cardiovascular problems SC I won't even waste my time fighting for loss of use....if you are mobile using leg braces then you are disabled but not considered to be in the category of "loss of use" they work just not as well as they used to

Edited by Testvet

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I know your feeling...I had VFW in the Local VARO and they weren't any count at all...I switched to DAV and they are the same... I owe a little bit more befor my lifetime dues are paid...I called the DAV head quarters and told them that I wasn't giving them one more red cent until I got every penny that the VA owes me. and that's just how I feel.

But on your issue itself...I wouldn't care what he said (DAV)I would pursue the issue at hand. And disability has to be evaluated on pain, range of motion and other factors as well. I would argue/ and file for depression becasue all of this is noticably causing you be become irratated over the whole mess...

I was in a similar situation with my claim...I was given some good advice and filed depression as a secondary to my already service connected disabilities and got 50% right off the bat for a mood disorder. Becasue over the years I have developed a bad disposition as to any and all VA VARO staff and others because I have been through the ringer with VA since my injuries. And In the past I have experienced many time when i could do nothing but wait for utility folks to cut off water, electric and other utilities...as well as not being able to feed my family.

But If you feel strongly about your Lou issue then pursue it to the end.

Like my claim for the IU back to 1992 (already 100% but they (VA) paid me from 2004 because they said it was the date of the exam. That's bull because in 1992 is when my disability prohibited me from working gainful employment. And I will appeal it until they give it all to me.

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I know your feeling...I had VFW in the Local VARO and they weren't any count at all...I switched to DAV and they are the same... I owe a little bit more befor my lifetime dues are paid...I called the DAV head quarters and told them that I wasn't giving them one more red cent until I got every penny that the VA owes me. and that's just how I feel.

But on your issue itself...I wouldn't care what he said (DAV)I would pursue the issue at hand. And disability has to be evaluated on pain, range of motion and other factors as well. I would argue/ and file for depression becasue all of this is noticably causing you be become irratated over the whole mess...

I was in a similar situation with my claim...I was given some good advice and filed depression as a secondary to my already service connected disabilities and got 50% right off the bat for a mood disorder. Becasue over the years I have developed a bad disposition as to any and all VA VARO staff and others because I have been through the ringer with VA since my injuries. And In the past I have experienced many time when i cthere is a possibility I can grtould do nothing but wait for utility folks to cut off water, electric and other utilities...as well as not being able to feed my family.

But If you feel strongly about your Lou issue then pursue it to the end.

Like my claim for the IU back to 1992 (already 100% but they (VA) paid me from 2004 because they said it was the date of the exam. That's bull because in 1992 is when my disability prohibited me from working gainful employment. And I will appeal it until they give it all to me.

You are right I should not let him discourage me because I know that if I appeal it there is a possibility that I can get it. I have read many cases that have gone to the BVA and have been awarded without having to be wheelchair bound. I know that I will be alone on this one because the DAV rep. haves is mind set on not arguing this one. But I have you guys that probably are or have gone through the same dilema in which I find myself with this individual and are able to give me good advice.Thanks

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Just got of the phone with the Dav rep. talked about my denial for Lou of lower extremities and his reply for the denial was that a person haves to be wheelchair bound or be an amputee. I informed him that a wear bilateral leg braces and that one of my service connected disability was causing lou and his reply good luck because it was not going to get nowhere. What a way to help these are people that you pay a life membership to join the Dav and this is how they help you. I requested to change this guy and was told they could not. Ever since I have this guy is nothing but denials I feel he is all for the VA and nothing for the vet. Need advice on this one from people that are experts in this area and like to know if this guy right or wrong and a possible way to get rid of this guy so he will not be my rep. at the Dav.

loss of use requires evidence that the foot has no more function than that which would be provided if the foot were amputated and a prosthesis was used. generally speaking, loss of use can be argued for if there is insufficient function left in the foot for it to "push off" while walking.

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Guest morgan
loss of use requires evidence that the foot has no more function than that which would be provided if the foot were amputated and a prosthesis was used. generally speaking, loss of use can be argued for if there is insufficient function left in the foot for it to "push off" while walking.

entropent,

How does LOU compare to preclusion of locomotion? And are you saying LOU of lower extremeties requires the feet to not function for "push off?"? Or are you talking about loss of use of a foot.

If I'm understanding this correctly, LOU could not be granted if severe lung or heart disease precludes walking more than a few steps; for instance taking a few steps to transfer to and from wheelchair, but having no ability to functionally ambulate. Is that right?

Does loss of use pertain only to foot function in granting the auto grant and SAH? What determines that the foot cannot push off?

Edited by morgan

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