tdiu Got The Fat Enevelope

[rattattat]

After eight years and much frustration my friend Dave just received his award today. It would take to long to give all the particulars on his claim so basically this is what was awarded.

He was given a total of 70%.

40% cervical spine, degenerative disc disease with spondylosis, stenosis, fusion with radiculopathy.

20% left upper extremity radiculopathy.

20% right upper extremity radiculopathy.

10% esophagogastroduodenitis with cirrhosis of the liver.

0% chronic pleural effusion.

Do these ratings seem low?

All reactroactive to June 6, 2007

Deferred decision on Individual Unemployability.

CUE denied.

The 1151 claim that the VSO said they filed obviously was not, the award letter states "is it your intention to file an 1151 claim for dysphagia, malnutrition, extreme weight loss, gastric erosion, liver cirrhosis, due to improper treatment?"

We will nod the CUE, and EED. The 1151 should have been part of the reopened claim and should have a date back to 1998.

It also appears that the cirrhosis and pleural effusion was service connected but at a very low rate.

Dave had surgery for the effusion May 1 2008, he was in hospital a week, and now has to go back June 6 to insert a chest tube because he is worse now than before surgery. He has been on 24/7 home oxygen for the past 3 years.

Any advice on how to proceed?

Do you think a lawyer would help? We contacted a few lawyers before the decision and got no response.

I know that without the knowledge given from the elders on this site that none of this would have been granted.

Thanks loads, and when he gets his check he will donate to the Hadit site.

[john999]

Yes, I think a lawyer would help especially if he is sick and can't fight his own claim very well. For things like CUE's and complicated claims I would hire a lawyer. If it gets into the legal aspects of a claim I would get the lawyer. You would not try and do your own dental work or take out your own gall stones. We have an opportunity to get lawyers to fight our claims at the VARO and BVA levels for the first time. I would use that opportunity.

[free_spirit_etc]

Does the lawyer only get a percentage of the EXTRA - as in only a percentage of what he gets Dave above and beyond what Dave already got?

I would think that as they ASKED if it was his intent to file a 1151 claim - that they acknowledged the claim was infered from the evidence.

But yes - I agree it could be a good idea to get an attorney on a CUE claim. The VA defends against those claims to the hilt.

And then you get into the legality of the claims as much - or more - than the actual facts of the claim.

Or you can argue a CUE all the way up only to have them decide it wasn't a CUE, but that you have some other issue you can pursue (like the claim actually still being open) or something - that keeps you in the ball game but can waste a few years in the process.

Also - one thing that has bothered me about them not letting have a lawyer until late in the game - is that by the time you get to the lawyer point - you have already argued certain things in a certain way. And then they say --"way back then, the vet didn't argue this, they argued that.." Well yes, way back when the vet couldn't have a lawyer.

So getting a lawyer earlier can help prevent a lawyer later having to deal with the hand he was dealt from not being allowed to be in the process from the start (i.e. untangling the whole dang thing).

Good Luck to Dave!!!

Free

Yes, I think a lawyer would help especially if he is sick and can't fight his own claim very well. For things like CUE's and complicated claims I would hire a lawyer. If it gets into the legal aspects of a claim I would get the lawyer. You would not try and do your own dental work or take out your own gall stones. We have an opportunity to get lawyers to fight our claims at the VARO and BVA levels for the first time. I would use that opportunity.

[rattattat]

Thank you for your input. You are so right, Dave is way to ill to continue on his own. His claim is very complex and a lawyer would be a tremendous help. He has fought the good fight all alone for way too long.

This site has been a godsend to him and for all those that have been at a loss as to what to do and how to do it. I know I did not have a clue until Hadit. It is just way to complicated and uncomprehendable for a lot of us.

[william n]

hey free spirit..how are ya..if i was awarded 40%(in part) NSC Pension for shoulder they screwed ..up how well do you think i would fair in a 1151 claim??just curious.have a tort claim going curently..Peace, William n

Edited May 29, 2008 by williamn

[rentalguy1]

I think the ratings for the cervical spine and radiculopathies are probably fair, but I don't know enough about the others to comment.

[free_spirit_etc]

William,

I am not really sure. Especially based on:

1. What very little I know about 1151 claims.

2. What little I know regarding YOUR claim.

1151's aren't my area of what I have studied about the VA so far - as they haven't affected MY claim. I have just picked up bits and pieces here and there. But from what I gather - they can be much more complicated that other claims.

But don't the tort claims and the section 1151 claims have the same basis - but different channels to travel to "resolve" them.

Logically, I would think if you qualify to file one of them - you would qualify to file the other one. But I also think they have offsets for one against the other on those. Check it out though - as I am not sure.

Berta is really knowledgable about both types of claims. The legal aspects of them are mostly out of my league at the moment.

Now - as far as your shoulder - I might know something about shoulders...

Free

hey free spirit..how are ya..if i was awarded 40%(in part) NSC Pension for shoulder they screwed ..up how well do you think i would fair in a 1151 claim??just curious.have a tort claim going curently..Peace, William n