Breta And Others That May Know?

[yoggie2]

Ok fist thing is, today I was offered at the VA to get on a Pension instead of 40% Compensation. What is the difference and will I owe taxes on a pension if no one in the house works? There is quite a difference and how will it affect my current claim that is in DRO stage?

The other question is I was released from service in NOV of 1994 due to Degenerative Disc Disease at 40% I got 20% from the Army and another 20% from the VA, I was going through some old medical records and was looking for anything and ran across a CT scan of my spine I never knew I even had (I showed it to another member to make sure it was what he was asking) as i was reading it just wondering what it was I found out a few things I didn't even know on this CT report, I had a BROKEN BACK and Spondylolysis at L-4 yes that's right folks a broken back. Now Fast forward to now May 5 2008 I had a MRI done again for the 4th time in 2 years found out I have a Filum treminale lipoma extending mid L-3 to L-5, S1. I was denied for an increase for SC but I must tell you they do not have any off the info you have just read. They in fact treated me as a lier and kept me at the current rating. I am in severe pain and was treated as a welfare case as I was lied to. What can I do here because it is to my knowledge this "filum' developed when my broken back was trying to heal its self and no where is there a mention of a broken back other than this report. Thanks Rich

[Berta]

who offered to make that deal? a DRO or a vet rep?

"I was denied for an increase for SC but I must tell you they do not have any off the info you have just read."

Make sure they get that info right away (copies of it)

Use a 21- 4138 form as a cover letter and sent it attention to the DRO-the 800# might give you their DRO # unless you already know their name.

A pension from the VA -in my opinion- is crap-

any other income, SSA or SSI etc is deducted from the pension.

Any vet who is already SCed has a chance at higher SC compensation rating.

You probably would get more than 40% as a pension but still-

you might well be under a more favorable rating schedule now than you were in 1994.

I am not a doc and cannot assess your medical evidence- but make sure the DRO has it- and if you arent working give the DRO a filled out TDIU form- I have posted it here before and given advise as to how to fill it out.

60 % SC is $921 a month for a single veteran- you can check out the Pension rates at the VA web site to see what they would pay you under a pension-

but you might even be eligible for TDIU:

http://www.va.gov/vetapp00/files4/0030949.txt

TDIU is over two thousand bucks a month-

The DDD criteria has changed since 1994-

if a vet rep offered this deal to you- send him to me and I will fix him but good.

If the DRO offered it- that is just unconscionable-but then again -the DRO needs to see the medical info you have.

Your SC could increase in its disabling affect in the future-

a pension wont allow for future increased disability.

[yoggie2]

The VARO offered I do this.OOOOOOOOh, I thought the pension was temporary. as for the CT scan in 94 I do believe they do have it but was deceived of my realty of my condition. The CT scan was performed just prior to being MEB out of service and the CT scan at this time is the only thing I have to prove my back was broken nothing, and to the very best of my knowledge nothing else was made of it.. I was given a DDD with a clear break.

Edited May 2, 2008 by yoggie2

[yoggie2]

I filed for TDIU as well when I filed my claim and was denied as to my DDD did not reach the required 60% needed to be considered for it. Its pretty obvious to me and the other who read this report information was with held in the MEB from me it never even sounded near as serious as the report, I had no idea how serious my injuries were till I read this report. I'll get it in right away. Should I say something special when turning it in?

[Rockhound]

yoggie2:

You said you have lots of pain, did you list your pain medications in your letter of support with the effects the pain medications have on your daily life?

You say you filed for TDIU. Did a DR. tell you that you can not and should not work?

You did not say, but have you been evailuated for Depression? Most people with the type of pain you are experiencing also have issues with depression. If you are seeing a Psychiatrist for Depression, see if your medical records reflect this. Also make sure that the Psychiatrist notes that your depression is as a result of your DDD back pain and how this also effects your daily living. You don't have to look for a low GAF score, but even a below average score should be of some help.

Have you submitted personal letters from friends, family, last employer maybe, religus representative how they persive you and everday living. Maybe your last employer might be able to show that you could no longer adequetly do your job. If your were let go because of your DDD. and they are not willing to write such a letter. Offer to write them a letter that their letter would only be used to further your claim for dissability and not in any type of suite or legal action agianst them.

When making additional note to the VARO, of the CT scan. I would first have an independant medical reading of it to strengthen your claim of a untreated broken back during service. You might also ask if they would give a reading of your MRI as well.

If your not working, have you applied for SSDI, Social Security Dissability Insurance? If Not, I would say to do that as soon as possible. Although the VA uses their own method of determining your dissability statis. Being shown to be TDIU by SSDI can't hurt. Make sure you note all the above and any other medical evidence in your application, also don't forget to list all your medications you are taking, any side effects and/or effects on daily living.

Good luck.

Rockhound B)

Edited May 3, 2008 by Rockhound

[Berta]

Ok- I get it- the pension offer was "temporary" and that is the way it should be-

The VA will adjuducate a pension as well as direct SC and then make temporary award of a Pension if the vet is eligible for it-

As long as they award it-this will give you some extra monthly $ until they award direct SC-

I thought they wanted you to take the Pension and NOT continue to pursue the SC claim.

Still-when they award the SC they will deduct any oension money they sent from your SC retro.

"Should I say something special when turning it in? "

Tell them that -

Under auspices of 38 CFR 4.6 they should decide your claim with receipt of the enclosed competent and probative evidence. Then quote the reg:

"Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law."

Yeah- funny how they can ignore the most important medical stuff-

[Berta]

And apply for TDIU too as others have suggested.

You could enclose the TDIU form along with the submissions of this evidence ans refer to the form in the cover letter with he new evidence.

Did you get this from copy of your C file?

CAn one assume that this was in your VA files all this time?

Do you still have a copy of the 1994 decision when they awarded the 20%