On Appeal Since 2000 (need To Know I'm Not Alone)

[dav_marine72]

Hi Everyone,

I am a DAV who served in the Marines 91-95. I have been on appeal since 2000 and recently received what I consider a lost BVA decision. Here is my story:

back 20% (on appeal)

neurological legs 10% (from back) (only thing I recieved from BVA)

adjustment disorder for back 30% (on appeal)

asthma 30% (on appeal)

right foot fracture 10% (on appeal)

left foot fracture 0%

chronic right testicle pain 0%

high blood pressure (second to back pain) 0%

eczema 0%

The BVA looked at my back, right and left foot, and chronic testicle pain which have been on appeal since 2000. I currently have three levels of degenerative disk decease. I had an operation on two levels in 2000 (laminectomy and discectomy) which failed. I can't stand or sit very long. I am in severe pain constantly. I take OXI 4 times a day. I have multiple panic and anxiety attacks daily which I take Ativan and buspar for. I can barely hold my children. I get nerve blocks done about six times a year without any relief. My pain doctor wants to try a spinal stimulator on me. No surgeon will touch me again (8 or 9 didn't want to in 2000). My leg pain is severe and I limp most of the time. So the BVA decides 20% compensates me for my back. They did throw in 10% for the legs. Since I was already 74.x the 10% did nothing for me. I know have a lawyer at the U.S. court of appeals who thinks she can reverse all four decisions. So I sit and wait.

My asthma, mental, high blood pressure, and eczema all sit still at the regional office since 2002. I have a feeling these will be all headed down to the BVA soon. I can only get 10K of life insurance for my family from the VA. I have been turned down four times from four different companies because of the asthma, mental, and pain killers. Yet I still get up on most days and go to work. The Marine in me and I guess my family keep me going. I can't afford to wait for 100% which I know I could get if I played it right. I am driving my wife insane because she has to do all the work around the house.

Any comments, questions to resolve this crap or anything at all would be appreciated.

[Berta]

PS if your lawyer's last name starts with lieb-etc I am glad I gave you this advise

[danang_1969]

Thanks for the postings everyone. I did have a hearing at the local office in 2004 for the back etc. I sat there and talked with a woman from the VA that actually made a comment "they went out of their way to give you the lowest possible ratings". Everything sounded good, like I was going to get some proper ratings. Then I get the DRO decision and every increase was denied. I don't know if I trust bringing this back to Hartford, CT. I don't anyone with the VA period.

I have what I thought was tons of evidence. All the documentation from pain clinic doctor who gives nerve blocks, pain killers, he stated three levels are unstable and scar tissue from the surgery is intrapped, dr. Bash (some of you might know him) wrote me two letters, letter from physical therapist with orthopedic / neurological findings on exams, letters from multiple surgeons stating nerve / leg issues, three levels blown, recommending spine stimulator, no surgery available to fix. Seems to stack up to move than 20%.

Does anyone know what happens if the BVA decisions are reversed? Does that mean the BVA has to give me higher ratings? Or another year or two to get nothing?

Bertha had some good advise. Along with that I would Say first, apologize to my wife, if I had been rude or impatient and just tell her you love her. Ask her to be patient with you and try and be patient with her. Behind every good married man, there is a good wife. Just be honest with her, tell her what is on your heart and try to get on the same team, she can help you in so many ways, including fighting your fight with the VA. A three fold cord is not easily broken. Also have written your congressman or Senator yet, if not, do that too. I wish you the best and I know your frustrations on waiting that long for a decision. Stay on hadit and absorb all the knowledge you can. God Bless.

Edited August 5, 2008 by danang_1969

[dav_marine72]

Hi Berta,

The VA never addressed anything from Dr. Bash. I think they stated once that one of their doctors had a different opinion and that negated his opinion. Either way they hardly mentioned anything he ever said. My claim is split right now. My back, testicle, right and left feet are at the U.S. Veterans Appeals court. My adjustment disorder, asthma, high blood pressure, and eczema are on appeal at the local Hartford office.

Honestly I could get any of my doctors to write me a letter stating I can't work. Most of them are amazed that I work. The problem is I am married with three children. I can't live on the $1400 a month until 100% would kick in. As far as the rehab goes I have a good job. I am in the IT security field. I realize I am probably better off than most. However, I'm not sure how long I can band aid myself together with oxycodene and tranquilizers. My lawyer feels confident about the U.S. court. Her last name doesn't begin with what you said thankfully. I'm not sure what to do.

[Berta]

"Either way they hardly mentioned anything he ever said" they didnt ignore his IMO then- and your rebuttal should have pointed out why they were wrong.

You aren't eligible for TDIU unless you are making marginal wages (Poverty level and under) or become totally unemployed in the future.I dont know what the marginal poverty level is-and cant use the program I am using to get a link for you-

We discussed 100% SC here many times and those posts should be available under the hadit search feature.

A Vet rep who got 100% SC-was working for a county Service agency-we discussed this but I forget what we said-

I sure hope others chime in here as to what increase in comp you really could expect-

I always use the examples of Lewis Puller (Chesty's son) and Max Clelland- both were catastrophically disabled by Vietnam and one would think they were fully unemployable.

But Max was the Secretary of the VA for many years and Lewis was a lawyer for VA Central Office in DC.

I dont understand what type of comp you are looking for- and am always confused by working and 100%

My husband applied for TDIU but didn't get TDIU award but got instead 100% SC P & T for PTSD (Marines Danang Vietnam) he was also 100% dead so maybe that is why they awarded him 100% and not TDIU.

I hope others will chime in here for you-

because I understand TDIU but not 100% and working with substantial employment.

Does this vet make wages under the Poverty level?Does that level consider all of his dependents?

[Berta]

Here is the link:

http://aspe.hhs.gov/poverty/08Poverty.shtml

Did VA deny TDIU consideration in the past decision because you had substantial employment?

Were they correct at that time?

Did your wages drop since that decision?

Did you rebutt their denial of TDIU consideration with any evidence?

[Ricky]

Marine 72 - you are not alone. There are many who are in the same boat (oops that would be a ship for the VA) as you are. The BVA does not award claims. They simply do away with the BVA decision and remand back to the BVA. Most of the time when this happens the BVA will remand to the AMC or back to the RO for further development.

From reading your posts it appears that you have enough favorable evidence to gain a higher rating for the back issues (just my opinion without seeing any of your evidence). Would you mind posting your BVA case number for us to review? If not then some on here might be able to provide you with many more opinions on how to succeed with the claim. Remember these are only opinions and any action you take should be done so with the advice of your attorney since you have retained a legal rep. Also it appears that you should have been awarded a rating for depression (maybe this is your adjustment disorder) as chronic pain suffers normally are subject to some level of depression - this along with anxeity NOS (once again just a guess/opinion as I have not seen your claim). Hopefully your attorney is on the ball and can get this thing rolling for you.

Just a curiousity of mine - what is the connection between the back issues and hypertension? The reason I ask is that I have never seen such an association and this board is always about learning!!!!

I truly wish you swift success. Just try to hang in there and stay with Hadit for you will find the bestest people in the world here that is always willing to provide any assistance they can.