tdiu Request Help With Condensing Claim, Advice About Tdiu, Eed, Cue, Afu

[SCID Vet]

Dear Vets,

Thanks for being there. Plan to help others when I prove myself capable. Am in Oregon. PVA is POA.

I been working on this for about 25 years now. Largely successful, ie, about 95 percent disabled all together, HNP is under Code 5293. Depression under "dysthimia". Got TDIU VA granted all back to 1993.

Have spinal cord disease from injection of metrizamide inservice, 1980. Also the Military docs operated, 1980, 1981, on the wrong disc twice, admitted it in writing once. The right disc to date has never been operated upon, and according to VA in 1996, is inoperable due to the spinal cord disease arachnoiditis.

The nerves in my cauda equina (spinal cord root) are stuck together very much like a wiring loom in a car after a wire fire- you cannot dissect it apart without making it worse. I can see it myself on a MRI, was recently shown by out-of-country-neurology-professor. Unmistakable.

The effects on CSF and Brain are poorly understood, but I could tell you some things I KNOW and EXPERIENCE that would BOTH enlighten mankind AND scare you to death- but that is beside the point because unprovable and impertinent.

I really dont think the VA is "out to work me over" anymore- I suspect if my face were mangled like the spinal cord roots are, the VA dos and admin quickly would figure out my face is mangled. They just can't spend the time to comprehend what the VA doctors (finally) describe and documented. If they cannot see it, they can hardly comprehend it, then rate it. I do not envy their job.

VA generally ignores significance of arachnoiditis, despite: Neuro Bowel, Bladder, Creative, sensation loss benefits granted due to same arachnoiditis and unoperated, inoperable, HNP.

TDIU was finally granted back to 1993 in about 1998. The fact is things got so terrible in 1986-1993 (some VA medical documentation to support this) that I was homeless, starving, all during the time the VA had me in Chapter 31 Vocational Rehab. (1986-1993)(off and on)(unsuccessfully, according to VR&C VR people)

Each time I was in Voc Rehab (incidentally?)(hardly any evidence in VA file) the sitting and walking to class brought me to a point I could not walk, stand, sit, so I kept falling AND failing out. Depression was what actually got me- give me enough time and a chair (for a walker) I will and did get to class somehow. No documentation of this last. Depression secondary to chronic pain granted to 50 percent, backdated to 1993. Prior to 1993, I was supposedly ""10 percent disabled overall""

The Voc Rehab file reads so impersonal and non-specific, ie, "Vet out of money, dropping out of school" or "Vet uninterested in continuing rehab..... pain ruining his life" or "legal matters prevent participation (arrested for vagrancy, homelessness, trespassing)(when homeless because unable to work,starving (as documented by VA) dizzy with malnutrition (as documented by VA) fearful, begging for help with physical problem (as documented by VA) (etc)(going over the edge, crying, picking at skin with pain and mental-problems, ie, pain, (as documented by VA) (all during 1996-1993) stuff happens!)

I want so much to be clear, but it is very difficult to ... explain how bad things got in 1996-1993. Some pertinent medical records supporting, more than described in previous ranting paragraph. Never considered before by VA, I think, but MOST docs in C-file.

I truly understand why (franklin or lincoln) said "anyone who represents themselves has a fool for a client". I like to think I am intelligent, have way with words, but I..try so hard...to summarize what where when why, and the law, but I cannot. It ends up this gigantic ramble (like this post to "you all" likely will become).

That is why I am here. I humbly ask for any advice, clarity, or even how to intelligently formulate an argument in writing using the info here. I keep getting confused by all the detail, how CUE affects the informal claim for IU, for example, and how one VARO, in contact with another VARO, can keep the claim, send it all to some other vet, etc, etc., how one can be considered "serious employment handicap" and yet one is still without proof one has a "serious employment handicap" (but wait! theres more!)(lil joke there)

The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though). It boggles my mind AMC (part of VA, evidently) says "we have no evidence to support your claim, send it" when they have the claim file I am pulling most records out of. Thoughts?

Problem: My Brain not fat enough. No one can come and research all the documents I have. My (already submitted) argument is this:

"If a veteran with a 10 percent RATING was admitted into Chapter 31 Vocational Rehab, only because he has a severe employment handicap, (with Service Connected roots) is this not evidence the veteran has a severe employment handicap, and if yes, is this not evidence worth considering towards an earlier effective date for TDIU?

Extra info: Two VAROs involved. While one errantly sent all notices, decisions, appointments, to the wrong address (as evidenced in C-file) (1996) the other (closer) VARO (Boise) decided I had a "serious (or Severe) (cannot find which word for sure) employment handicap". The VARO Boise by law MUST find a "serious or severe employment handicap (based on Service connected disabilities) in order to allow participation in Chapter 31 vocational rehabilitation if a person has a RATED "10 percent disability S/C".

I did join the PVA. I think they are great, honest, candid, but they say admantly "we do not have your claim file, its in Washington DC. We cannot write your argument, only you (the vet) know what your argument is" "Don't bring us your copy of the claim file, we have lots of other vets to also serve"

The truth, fellow veterans, is: I spoke with the good people there four times before I remembered to tell them this was all in remand. Apparently this puts a whole new spin on the case, so I am unable to make myself clear. Why? Maybe because Metrizamide (what the military injected into spinal cord) causes delerium (confusion) and I am too confusing to deal with. The FDA removed Metrizamide from use for this reason, AND people who get arachnoiditis are those who get the permanent delerium. I cannot imagine trying to put this across to VA, they hardly get the difference between "old age arachnoiditis" and arachnoiditis a 20 year old gets and is seen days afterwards in surgery.

I truly understand the PVA, and VA rating people's problem. I also know I am > < this close... to being totally done, after 25 years, of fighting the VA, and I can turn away and look away and start living my life as a free man. Very hopeful about that!

Oh, and get medical treatment again! thats the main goal here! The local VA clinic re-writes (out of ignorance, NOT malice) what my medical situation is- apparently cannot be bothered to spend many hours catching up with reality, good enough to say "sub chronic back problem" (and then a milder description, then milder, then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates. Can you understand I am very very frightened of doctors, especially VA??? That last is what drives me, otherwise I would have given this up in the 90's

How about a smile? Here is something, a true (swear to God) punch line that needs no explanation other than I was getting analyzed for neurogenic bladder at VA Portland and reported something totally new to the nurse:

"No air just came out of your penis, Mr Smith!"

I am VERY interested in any legal aspects you may find noteworthy. Helpful if you state how sure you are of what you say.

If nothing else, what I REALLY hope from this forum, is A CONCISE SUMMARY OF WHAT YOU FIND IN THIS POST. I know the VA personnell are not gods, I must make it clear, simple, exact, quote the attached evidence (50 pages VA docs here, ready to submit) and be simple enough for an 8 year old to understand. This is well beyond me. Thanks in advance for any help you all might have.

Advice to all vets: Dont Take Opiates unless you have a year or less to live.

Opiates are the opiate of the dying. Dont be dying unless you have to

God Bless America.

Semper Fi.

Never, Never, give up.

Die before Dishonor.

Let the next guy know what got/ killed you.

{who would know it'd be about discharged soldiers when we sang "first to fight for rights and freedom?"}

[SCID Vet]

Bert:

1) You say " My point was -if a vet is not Voc Rehabable-they are unemployable"

Yes, that is my argument, but they only decided that after years of intermittent Voc Rehab- VR decided that in late 1993-1994.

This is hard to say... but there is this continuity, being in VR, interrupted status, re-enter VR, etc, up to the point the VR people said "Vet unretrainable" in late 1993-or 1994. This seems persuasive to me, have used it for argument (have last argument in front of me now, very clearly the center of the argument).

Put another way: It took from 1986-1994 for me to give up totally, tell them (admit) I was unretrainable. Why is it MY opinion matters, when the VA VR evidence was building up all along?

Analogy: If one has to wait till the flood water level reaches the highest in New Orleans homes to decide the levees breached, did the levees actually breach before the high water point? (not trying to be cute, hoping someone can succinctly make the point I ...cannot, apparently)

2)Yes, get SSD, about from 1995, got it quickly, (1 year) solely based on available VA documents- before the "big findings" in 1986 were made by VA (and then backdated to 1993).

3) "Obviously they took your claim very seriously at the BVA

you did good so far". Once you say this, I can see what you mean. I can take this as a ray of hope I am not wasting my time, or stressing over a lost cause. Thanks!

Somehow I forgot this is all my doing. If I had educated myself in 1986 about what TDIU is, about how I MUST fight like a bear, MUST admit the disability, even PROMOTE it, I wouldnt be here still fighting today. Back then I would say "I'll live" (1984) "what dont kill ya makes ya stronger"(1985) all this macho BS that got very much in the way of adjudication. BTW "I'll live" got transformed on paper by doctor as "Vet feels this is something he can live with" (back problem). <----warning to other veterans.

(a little humble pie can be nutritious!)

4) your PS: It has happened many times where I annoy or take too much time (and I do!) of the VSO and then I can see they are telling me anything (at all) to get me off the phone, or out of the office. These people work REAL hard, and I CANNOT IMAGINE fighting like they do. Its gotta wear em out, I think.

I notice if you push your claim to the VSO, ie, tell them, show them, the evidence you have thus far, (put it in their hand, not explain it) the VSO seems to get more interested.

5) UGI GERD question: I just re-read the UGI study- it shows nothing at all. (1989) In reality, I remember the orange-peel-taste, was the one time I worked for several months, eating doans pills every day, several times a day, PROBABLY caused the stomach issue.

6) I was thinking- I am sure I got more than a 60 percent, a 50 percent. I believe some of the neurogenic issues were only compensated for (the neuro bowel, bladder) by a ten percent each. The creative organ issue was a separate thing not related to percentage, I feel pretty sure. I have already, last week, asked VSO to send me detailed info about what benefits got for what disabilities.

Does it makes sense to you to include the current status of disability according to VA, to help support the continuity of disability back through the period in question?

Thanks,

Mike aka SCID VET

5)

[deltaj]

I can't help you much but I do have some advice. When V.A. failed to mail notification of a decision to you at the latest address of record they left a claim pending. See 38 USC 5104 and 38 CFR 3.1 (q). To get some ideas on this concept of pending claim visit the website of the U.S. Court of Veterans Appeals and search cases under pending claim. Are you on social security disability for a service connected condition? If so you can have social security submit medical records to V.A. in support of your claim for tdiu.

Dear Vets,

Thanks for being there. Plan to help others when I prove myself capable. Am in Oregon. PVA is POA.

I been working on this for about 25 years now. Largely successful, ie, about 95 percent disabled all together, HNP is under Code 5293. Depression under "dysthimia". Got TDIU VA granted all back to 1993.

Have spinal cord disease from injection of metrizamide inservice, 1980. Also the Military docs operated, 1980, 1981, on the wrong disc twice, admitted it in writing once. The right disc to date has never been operated upon, and according to VA in 1996, is inoperable due to the spinal cord disease arachnoiditis.

The nerves in my cauda equina (spinal cord root) are stuck together very much like a wiring loom in a car after a wire fire- you cannot dissect it apart without making it worse. I can see it myself on a MRI, was recently shown by out-of-country-neurology-professor. Unmistakable.

The effects on CSF and Brain are poorly understood, but I could tell you some things I KNOW and EXPERIENCE that would BOTH enlighten mankind AND scare you to death- but that is beside the point because unprovable and impertinent.

I really dont think the VA is "out to work me over" anymore- I suspect if my face were mangled like the spinal cord roots are, the VA dos and admin quickly would figure out my face is mangled. They just can't spend the time to comprehend what the VA doctors (finally) describe and documented. If they cannot see it, they can hardly comprehend it, then rate it. I do not envy their job.

VA generally ignores significance of arachnoiditis, despite: Neuro Bowel, Bladder, Creative, sensation loss benefits granted due to same arachnoiditis and unoperated, inoperable, HNP.

TDIU was finally granted back to 1993 in about 1998. The fact is things got so terrible in 1986-1993 (some VA medical documentation to support this) that I was homeless, starving, all during the time the VA had me in Chapter 31 Vocational Rehab. (1986-1993)(off and on)(unsuccessfully, according to VR&C VR people)

Each time I was in Voc Rehab (incidentally?)(hardly any evidence in VA file) the sitting and walking to class brought me to a point I could not walk, stand, sit, so I kept falling AND failing out. Depression was what actually got me- give me enough time and a chair (for a walker) I will and did get to class somehow. No documentation of this last. Depression secondary to chronic pain granted to 50 percent, backdated to 1993. Prior to 1993, I was supposedly ""10 percent disabled overall""

The Voc Rehab file reads so impersonal and non-specific, ie, "Vet out of money, dropping out of school" or "Vet uninterested in continuing rehab..... pain ruining his life" or "legal matters prevent participation (arrested for vagrancy, homelessness, trespassing)(when homeless because unable to work,starving (as documented by VA) dizzy with malnutrition (as documented by VA) fearful, begging for help with physical problem (as documented by VA) (etc)(going over the edge, crying, picking at skin with pain and mental-problems, ie, pain, (as documented by VA) (all during 1996-1993) stuff happens!)

I want so much to be clear, but it is very difficult to ... explain how bad things got in 1996-1993. Some pertinent medical records supporting, more than described in previous ranting paragraph. Never considered before by VA, I think, but MOST docs in C-file.

I truly understand why (franklin or lincoln) said "anyone who represents themselves has a fool for a client". I like to think I am intelligent, have way with words, but I..try so hard...to summarize what where when why, and the law, but I cannot. It ends up this gigantic ramble (like this post to "you all" likely will become).

That is why I am here. I humbly ask for any advice, clarity, or even how to intelligently formulate an argument in writing using the info here. I keep getting confused by all the detail, how CUE affects the informal claim for IU, for example, and how one VARO, in contact with another VARO, can keep the claim, send it all to some other vet, etc, etc., how one can be considered "serious employment handicap" and yet one is still without proof one has a "serious employment handicap" (but wait! theres more!)(lil joke there)

The current issue, again remanded from BVA, is "earlier effective date for TDIU earlier than 1993" The instructions mention extraschedular rating, not sure what that signifies (know what it means though). It boggles my mind AMC (part of VA, evidently) says "we have no evidence to support your claim, send it" when they have the claim file I am pulling most records out of. Thoughts?

Problem: My Brain not fat enough. No one can come and research all the documents I have. My (already submitted) argument is this:

"If a veteran with a 10 percent RATING was admitted into Chapter 31 Vocational Rehab, only because he has a severe employment handicap, (with Service Connected roots) is this not evidence the veteran has a severe employment handicap, and if yes, is this not evidence worth considering towards an earlier effective date for TDIU?

Extra info: Two VAROs involved. While one errantly sent all notices, decisions, appointments, to the wrong address (as evidenced in C-file) (1996) the other (closer) VARO (Boise) decided I had a "serious (or Severe) (cannot find which word for sure) employment handicap". The VARO Boise by law MUST find a "serious or severe employment handicap (based on Service connected disabilities) in order to allow participation in Chapter 31 vocational rehabilitation if a person has a RATED "10 percent disability S/C".

I did join the PVA. I think they are great, honest, candid, but they say admantly "we do not have your claim file, its in Washington DC. We cannot write your argument, only you (the vet) know what your argument is" "Don't bring us your copy of the claim file, we have lots of other vets to also serve"

The truth, fellow veterans, is: I spoke with the good people there four times before I remembered to tell them this was all in remand. Apparently this puts a whole new spin on the case, so I am unable to make myself clear. Why? Maybe because Metrizamide (what the military injected into spinal cord) causes delerium (confusion) and I am too confusing to deal with. The FDA removed Metrizamide from use for this reason, AND people who get arachnoiditis are those who get the permanent delerium. I cannot imagine trying to put this across to VA, they hardly get the difference between "old age arachnoiditis" and arachnoiditis a 20 year old gets and is seen days afterwards in surgery.

I truly understand the PVA, and VA rating people's problem. I also know I am > < this close... to being totally done, after 25 years, of fighting the VA, and I can turn away and look away and start living my life as a free man. Very hopeful about that!

Oh, and get medical treatment again! thats the main goal here! The local VA clinic re-writes (out of ignorance, NOT malice) what my medical situation is- apparently cannot be bothered to spend many hours catching up with reality, good enough to say "sub chronic back problem" (and then a milder description, then milder, then the doc ASKS me why I am there for minor problem- WHILE prescribing buttload opiates. Can you understand I am very very frightened of doctors, especially VA??? That last is what drives me, otherwise I would have given this up in the 90's

How about a smile? Here is something, a true (swear to God) punch line that needs no explanation other than I was getting analyzed for neurogenic bladder at VA Portland and reported something totally new to the nurse:

"No air just came out of your penis, Mr Smith!"

I am VERY interested in any legal aspects you may find noteworthy. Helpful if you state how sure you are of what you say.

If nothing else, what I REALLY hope from this forum, is A CONCISE SUMMARY OF WHAT YOU FIND IN THIS POST. I know the VA personnell are not gods, I must make it clear, simple, exact, quote the attached evidence (50 pages VA docs here, ready to submit) and be simple enough for an 8 year old to understand. This is well beyond me. Thanks in advance for any help you all might have.

Advice to all vets: Dont Take Opiates unless you have a year or less to live.

Opiates are the opiate of the dying. Dont be dying unless you have to

God Bless America.

Semper Fi.

Never, Never, give up.

Die before Dishonor.

Let the next guy know what got/ killed you.

{who would know it'd be about discharged soldiers when we sang "first to fight for rights and freedom?"}

[SCID Vet]

Dear Delta,

Thanks very much for taking time.

The CFR numbers are very helpful, thank you. Will use that for sure.

Yes am on SS for SC conditions, but applied very late, so only was effective date to about 1994 (not exactly sure, approx) AND the SS only used the VA docs for their decision. (Granted SS after first denial)(hear that is unusual)

I am intending to submit the SS earnings record as evidence, shows very sporadic work.

Thanks very much, Again, Delta.