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

[Pete53]

One-Zero:

Welcome to Hadit. If you prefer to work stay at it as long as you can knowing that as soon as you can't you will probably be able to upgrade without to much trouble to TDIU.

[Rockhound]

one-zero: One question, did you recieve a 60 day notice of any of the adverse findings, such as the nsc ones and the denied ones, prior to their decision on them? That is a violation of you due process, according to 38 CFR 3.103

<H5 style="MARGIN: auto 0in">I would be asking for a formal DRO hearing on this matter ASAP. you have time to appeal, but maybe the DRO may see that some of your claims are looked at again, you can offer evidence to support these NSC and denied claims to support your assertions at that time also. Verbal testamony can be read into the record on them and witness statements can also be taken at that time. Read 3.103 completely and see what your rights are.

§ 3.103 Procedural due process and appellate rights.

(2) Advance notice and opportunity for hearing. Except as otherwise provided in paragraph ((3) of this section, no award of compensation, pension or dependency and indemnity compensation shall be terminated, reduced or otherwise adversely affected unless the beneficiary has been notified of such adverse action and has been provided a period of 60 days in which to submit evidence for the purpose of showing that the adverse action should not be taken.

Rockhound B)

</H5>

[Dale Jr. 8]

Rockhound,

Does that statue not refer to when you already have a % and they are trying to reduce it or terminate it all together. One-Zero had not gotten the award yet. They have given him the award and now I think he should ask for the DRO review or file an appeal. If they were trying to reduce or eliminate his award of compensation then I think 38 CFR 3.103 applies. I do not think it applies to the initial award. I may be wrong on this so I defer to one of the elders. DJ 8

[jbasser]

One- Zero here is a way to get around the single 40 percent rule for IU. Are you service connected for your fracture of C spine vertabrate? Is it under Degenerative or traumatic Arthritis or is it under IVDS?

They should separate the rating at the percentage for the neck and add the radiculpopathy secondary to the fracture. Since it was caused by the same accident, then they must add the ratings to get to the 40 percent.

Another is heart disease? I am sc 30 percent for Heart disease secondary to Hypertension. Add another 10 for the Hypertension and I have the required 40 percent. read below.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable.

Edited January 15, 2008 by jbasser

[Berta]

"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??"

Absolutely- he can be reached by phone or email at his web site-

http://www.veteransmedadvisor.com/

He is a disabled veteran too.

[Berta]

The only requirement for TDIU is having medical evidence that states you cannot work due to service connected disability-

I will attach the form-

The VA considers TDIU at 70% when they develop an award but since you do work-this is why they didnt consider TDIU in your award.

If anyone tells you that you need a certain SC rating to be considered for TDIU they are incorrect-

VA has awarded TDIU to NSC vets- who had private medical diagnosis and records of SC disability that caused TDIU.

At least they did to a vet I helped and it only took 4 months.

There is nothing on this form that prohibits a vet with any rating at all even no rating for applying for TDIU-

if they have medical evidence of TDIU due to SC.

Also my husband was 30% and went up to 100%.

The VA didnt say it was TDIU- they just said 100% P & T.

He had applied for TDIU.

His shrink stated he was unemployable due to SC PTSD -with full medical rationale-and SSA also awarded him for PTSD.

I understand the glitch you are in- you are young and want to work as long as you can-

"CRDP goes into effect FEB according to my RAS from DFAS"

One Zero- as you know the DFAS has been SNAFUed a little on some of these claims and the retro -

Were they able to determine yet or could you determine how much you will get?

You dont have to tell us here- if you dont want to-

but let me know if you need the CRDP $$$ chart.

TDIU_form.pdf