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.

[BIGPAPA92]

No, You're Not Alone...... I filed SSD and Unemployability in Jan 2000. Approved for SSD and still fighting for Unemployability. I've appealed their decisions three times since and now being told my second remand is in Huntington Wv for a decision. Don't know the deal with Huntington but I'm still waiting.............. Tazz

[dav_marine72]

Here is the link to my BVA case:

http://www.va.gov/vetapp08/files1/0808584.txt

They gave me adjustment disorder for the depression / anxiety / panic attacks

[cowgirl]

Have you been examined in a VA primary care clinic? Thats where my depression was discovered with routine screening questions and was given a referral to Behavorial Health Clinic (think Mental Health). After a number of visits,got the correct diagnosis for the depression I have. The more I attended to the clinic, the more bad stuff came out related to my military service. I claimed for depression, took me a few attempts and a few years, but got it approved thanks to Hadit!

Oh and I was given 'adjustment disorder' diagnosis with first VA claim at discharge.

They gave me adjustment disorder for the depression / anxiety / panic attacks

Edited August 7, 2008 by cowgirl

[Bossman]

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.

No. You are not alone. I have been on Corticosteriods since 1986, constantly since 1992 but I was reduces from 30% to 10% by the raters here in GA. Title 38 say that I should be at 60%. But if they did that they would have to consider me for TDIU under section (a).

Just keep fighting. Their job is to make you give up or die before they decide in your favor. Don't let them win. Make yourself determine to get what you earned. It is not easy but I am sure that it is worth the fight.

Fight the power!