First Experience With Va

[One-Zero]

Hello All,

I'm recently retired (SEP 2007) after 24 years service. I began the claims process while on active duty under the BDD program. My claim was submitted on April 23rd 2007 and boarded(decided?) 20 Dec 2007. I received the award letter in the mail on Dec 26th, 2007...I felt the process was pretty timely considering some of the dismal stories I've heard, the most frustrating part was having absolutely NO IDEA where my claim was during the interim period, regardless of IRIS queries or 1-800 calls.

I submitted 32 separate items on my claim, figuring I'd go for broke while everything was still fresh and I had the inclination to comb thru my SMR on active duty. I received 80% SC for the first 10 items; 30, 20, 10, 10, 10, 10, 10, 10, 10, 10. Then 0% SC for the next eleven items I claimed, then NSC/denied for the remaining 11 issues.

This was literally done in order as if someone saw the big ol' claim and said "hell, lets give him the first 10 and maybe he won't bother with the rest"...

I'm rather thankful for the 80%, apart from the $ which is much needed, I understand I now have access to medical care whether the problem is SC or not because I'm over 50%, which was my major concern.

What I'd like advice on is whether I should leave well enough alone or perhaps get an IMO for the remaining items??? There's plenty of documentation in the record but I really don't know what more I could expect...many of the conditions are probably masked by others.

For example, the 2nd item (20%) is for Cervicular Radiculopathy with Myelopathy due to traumatic C-spine degenerative disk disease status post cervical fracture...

but item #32 (NSC) is Residuals of Multiple Brain Concussions (closed head injuries) even though it's well documented and they even say so in the letter, but I don't know which one causes some of the problems - more than likely it's a cumulative combination.

It's as if they gave up rating after the first ten items.

I'm not bucking for dollars here, as long as I can be treated I hope I'm going to be ok...and I certainly don't want the VA tinkering with stuff unless it's absolutely required.

any thoughts or experience with such a situation???

best regards,

One-Zero

[jbasser]

Welcome to Hadit. Dont give up.

You are 80 percent. I would ask for Individual unemployability. That pays at the 100 percent rate.

On your multiple 0 percent Sc (11) of them, I would ask for a 10 percent rating for these since there is so many o,s.

Dont stop until you are either IU or 100 percent schedular.

J Basser

Edited January 14, 2008 by jbasser

[Berta]

THANK YOU for those long years of service veteran-

Are you employed or do your SC disabilities render you unable to work?

The VA should have made a statement as to TDIU -Total disability due to unemployability- in the decision you received.

80% is 1,349 per month for a vet no dependents-

and TDIU (100% rate) is $2,527 per month-

something to consider if you are unemployed and medical evidence would support TDIU claim.

(By the way make sure they add your dependents to your monthly comp check if you have dependents and check out the retro amount at the rate comp charts at the VA web site)

Have you checked into any eligibility for either CRDP or CRSC?

Also- if you have a spouse- one never knows what SC disability could eventually cause or contribute to their death-it is always better to try to get SC ratings -even at "0" in your lifetime.

Your issue # 32- the VA is trying to understand residuaks of TBI for proper ratings-

would this disability and its residuals that you have be actually TBI- Traumatic brain Injury?

To state TBI in a claim is starting to trigger VA into a different way than closed head injuries etc.

(they have mind set I think on many generic medical terms)

Since you probably have some retro might be a good time to consider an IMO-

Dr. Craig C. Bash is a Neuro-radiologist-

I spent $4,000 for 2 separate IMos from Him.

Also I await an IMO from Medopinions.com-there fee was a little cheaper because they needed far less med recs than Dr. Bash did-

You could at some point be eligible not ony for the TDIU -Total Disability due to Individual Unemployability-(maybe you are now) as well as Special Monthly Compensation.

Also even a low rating SC disability could eventually contribute to your death-

otherwise the wife will have a heck of a time trying to prove SC death.

Gold Star Wives (I am a member) is trying to do away wth the SBC and VA DIC offset for retiree widows.

"It's as if they gave up rating after the first ten items"

I bet they did.It was probably lunch time.

[One-Zero]

Berta, JBasser;

Thanks for the quick response.

>The TBI as described is EXACTLY what I've incurred through injury, just didn't know that was the catch-phrase when I filed my claim on the 'closed head injury/multiple brain concussions'.

> I do work, basically teaching the new generation of warriors to do the job...I wouldn't do anything if it wasn't for the pain meds though. I'm relatively young (41) and better off than others would be given the same injuries. Doc said it was my phys condition that pulled me through but I put alot of 'mileage' on as a result. I probably should be IU, but I can't bank on VA coming through if I fully disclose my condition to my employer and stop working - and then I'd be in a real bind. I am married and VA is compensating at the 80% spouse rate of $1462. Also, VA sent me a check for the retro (it was only 2 months since I just retired). CRDP goes into effect FEB according to my RAS from DFAS

> JBasser; how would I ask for IU since I don't have any single rating of 40% or higher? I thought that was the clincher...

>Berta: before sending Dr Bash the whole SMR, etc...Is he willing to discuss particulars first so that a person can get an idea of what the best case scenario is before paying so much cash??

many thanks,

One-Zero

[Dale Jr. 8]

One-zero,

Appeal to get the TDI/U first. If you get the 100% TDI/U then I wouldn't bother with the rest. I am by no means an expert. I leave that to Berta and the other elders. They should have considered you for TDI/U. To get the TDI/U you have to file a request using one of their forms. You can get that form from the VA web site of any number of Veteran's service offices. Do you have a representative like DAV or Amer. Legion for your claim? If I was you I would try to get the TDI/U and if you got that then go for your Soc Sec Disability. I was fortunate that when I could no longer work I had enough to get by until I won my SSD case. It took 31 months and at times it was a little rough but it worked out in the end. I just got a rating decision on Sat and they gave me another 10%. I only have one cond at 30% and a combined 60%. So they denied the TDI/U. They should have approved it since the law judge found me disable for 2 SC cond. and nothing else. They also cheated me out of a 40% rating and in their statement gave information that says I should have 40% on one. If I got the 40% then they would have to give me TDI/U. I guess they just "Overlooked" the 40%. I will bring it to their attention on Thurs with a reconsideration request. DJ 8

[One-Zero]

DaleJr8;

I hadn't thought of TD/IU until Berta/JB mentioned it...what VA form do you use for the request (you refer to it in your post)?

Also, as I mentioned in my previous post "how would I ask for IU since I don't have any single rating of 40% or higher? I thought that was the clincher..."

I may have 80% overall, but my highest single is 30%.

I hope all goes well with your reconsideration.

regards,

1-0

One-zero,

Appeal to get the TDI/U first. If you get the 100% TDI/U then I wouldn't bother with the rest. I am by no means an expert. I leave that to Berta and the other elders. They should have considered you for TDI/U. To get the TDI/U you have to file a request using one of their forms. You can get that form from the VA web site of any number of Veteran's service offices. Do you have a representative like DAV or Amer. Legion for your claim? If I was you I would try to get the TDI/U and if you got that then go for your Soc Sec Disability. I was fortunate that when I could no longer work I had enough to get by until I won my SSD case. It took 31 months and at times it was a little rough but it worked out in the end. I just got a rating decision on Sat and they gave me another 10%. I only have one cond at 30% and a combined 60%. So they denied the TDI/U. They should have approved it since the law judge found me disable for 2 SC cond. and nothing else. They also cheated me out of a 40% rating and in their statement gave information that says I should have 40% on one. If I got the 40% then they would have to give me TDI/U. I guess they just "Overlooked" the 40%. I will bring it to their attention on Thurs with a reconsideration request. DJ 8

[Dale Jr. 8]

I believe it is form 21-8940. You can check on the VA web site under forms and it will tell you for sure. The VA can do what is called an extra-schedular. A seperate entity with in the VA looks at the claim. They try to determine if the disability picture as a whole(not condition for condition on each % basis)rises to the level of unemployability. They tell you have to have 40% on 1 and 70% or more combined. They like to keep your highest under 40% that way you don't think you qualify for TDI/U. Good Luck DJ 8