tdiu I Think I Need A Plan

[John Purser]

Hello,

I've posted here before. My details are briefly:

40% disability, service connected, parachute jump caused a back injury (herniated disk) in 1985. Surgery then a medical board out in '87 with "10% temporary" rating. Gradually increased rating as the pain rose to 40%. Today I can barely take care of myself due to back pain. Pain from the back injury keeps me in a recliner most of the day. I worked with the VFW for a couple of years before I realized they were just filing paperwork that legally couldn't be approved. Trying to fight it myself now. Can't afford a lawyer and senators all say "we'd like to help but we can't".

From the law I see that my back can only be rated at 40% under it's current classification. Since I can't get the 60% minimum I need for TDIU from the one injury I need to get other symptoms (numbness, depression, weak leg, incontinence) related to the injury and file for disability for them until I hit at least 70% even by VA math.

After reading advice on this site I asked for a copy of my "C" file a few months ago. Got a nice letter from the Seattle office telling me it would be AT LEAST next January or February before they get through the backlog and send me a copy. After my last disability exam I was given the same amount for the same thing but was denied disability for several other items, all written in medicalese, that I don't understand. I'm assuming the exam doc found categories for other issues.

Questions:

1) From what I've written does it sound like I've got the facts correct? Am I way the hell off somewhere? Deep down inside I just can't believe it "really" works this way.

2) Does my general plan (claim everything and try to get it approved as a compensable disability related to service until I qualify for TDIU) sound like the way to go? Am I missing something? I "need" 100%. Honestly I can barely shop, cook, and care for myself today and that's directly related to my military service.

3) Is there anything I can do outside of the VA that might affect the disability decision favorably? For instance, my SS lawyers suggested retraining via a State agency. If it works I can get a job and if my disability prevents it then we can take that to the judge as evidence of disability. Is there anything along those lines that might be persuasive for the VA?

4) I'm sitting here waiting months to see my C file. Any suggestions on what I can be doing now?

Thanks for the help.

John Purser

[john999]

If you last claim decision and NOD was after June 2007 you can hire a lawyer. They work based on getting 20% of your retro if and when you win your claim. Since you are asking for 100% that would give the lawyers an incentive to work your claim because they will get a nice paycheck. What immediately comes to mind is a claim for depression as secondary to the chronic pain syndrome you suffer due to the back injury.

[purple]

John,

You made a statement that you "need to get other symptoms...", I have to admit that bothers me. I have to ask, do you actually have these symptoms or are you just going to "get" them??

Honestly is HUGE with filing claims. Have you been seeing a doc (either civilian or VA) since your initial rating on a regular basis? If so, those medical records would show your declining condition and be of a big help. If not, then that might be a problem.

Take care,

[william n]

I myself, would not "get" symptoms. Either u have them or u dont. I know from personal experience,that my depression is exaceberrated from my chronic back and neck problems.It could also be the reverse for some.(pain=depression) I dont believe any one here is even suggesting that you "get" them. I believe i read between the lines correctly. Please feel free to correct me, if wrong. Peace, William

Edited September 2, 2008 by william n (see edit history)

[jbasser]

You need to get out to get an IMO. You also need your DOc to precribe bed rest or incapicitate you for long periods of time.

This should increase you to 60 percent and Iu.

Also ask for extra schedular consideration if your disabilities keep you from working.

It is a long battle but you can win.

J

[carlie]

John P,

To receive an increase in compensation benefits a claimant has to have Medical Evidence, statements from doctors, physical therapy, RX records, etc...

You have a long road ahead of you.

For now you could study to help understand what is needed to get an increase:

Study parts 3 & 4 here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-.../38cfrv1_02.tpl

Study everything here under Compensation & Pension 21

http://www.warms.vba.va.gov/TOCindex.htm

I don't know many claimants that do not want 100 % so at least your normal on that, lol.

Hope this helps a vet.

carlie

[John Purser]

John,

You made a statement that you "need to get other symptoms...", I have to admit that bothers me. I have to ask, do you actually have these symptoms or are you just going to "get" them??

Honestly is HUGE with filing claims. Have you been seeing a doc (either civilian or VA) since your initial rating on a regular basis? If so, those medical records would show your declining condition and be of a big help. If not, then that might be a problem.

Take care,

Sorry. Awkwardly worded. Honesty is a big deal for me as well and it's one of the reasons I'm no longer using the VFW. I did not suffer tinnitus from a jump injury! Did anyone else get REALLY out there advice from their service organization?

My intention was to say that I need to get the VA to recognize these other symptoms as related to my back injury and start working on getting the maximum rating for them in order to qualify for TDIU.

Sadly, I was seeing another doctor during the worst of the decline. I told him my back was my primary condition. He refered me to a specialist who said there was nothing to do so my doctor never recorded another word about my back condition because it wasn't treatable. Seeing a new doctor now. Having trouble finding one who doesn't just want to do a lab and push pills. None seem to understand pain or poverty.

[John Purser]

If you last claim decision and NOD was after June 2007 you can hire a lawyer. They work based on getting 20% of your retro if and when you win your claim. Since you are asking for 100% that would give the lawyers an incentive to work your claim because they will get a nice paycheck. What immediately comes to mind is a claim for depression as secondary to the chronic pain syndrome you suffer due to the back injury.

I was under the impression that I could not hire a lawyer and pay them based on a contingency fee? If I was wrong about that I'm looking for a lawyer TOMORROW! I need competent help and I need it NOW!

[John Purser]

I myself, would not "get" symptoms. Either u have them or u dont. I know from personal experience,that my depression is exaceberrated from my chronic back and neck problems.It could also be the reverse for some.(pain=depression) I dont believe any one here is even suggesting that you "get" them. I believe i read between the lines correctly. Please feel free to correct me, if wrong. Peace, William

Again, I agree 100%. It was poorly worded as I said.

[John Purser]

You need to get out to get an IMO. You also need your DOc to precribe bed rest or incapicitate you for long periods of time.

This should increase you to 60 percent and Iu.

Also ask for extra schedular consideration if your disabilities keep you from working.

It is a long battle but you can win.

J

I agree on the bed rest. I found that rather bizarre test in the law. In essence, I can be judged incapacitated if a doctor orders me to bed often enough. HOWEVER getting a doctor to prescribe bed rest for someone whose bed ridden due to back pain is in my experience well nigh impossible! From the medical point of view it's malpractice. For most people activity is the best hope of dealing with back pain. Physical therapy helped me a lot when I first got out of the military. And activity helps depression as well. So standard medical practice is to take as much pain as you can and be as active as you can. That's my current "prescription" from the VA and my last two civilian doctors have refused to order bed rest. But without the prescription for bed rest I'm not incapacitated.

It's a catch 22 in the law and it's caught me but good.

[John Purser]

John P,

To receive an increase in compensation benefits a claimant has to have Medical Evidence, statements from doctors, physical therapy, RX records, etc...

You have a long road ahead of you.

For now you could study to help understand what is needed to get an increase:

Study parts 3 & 4 here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-.../38cfrv1_02.tpl

Study everything here under Compensation & Pension 21

http://www.warms.vba.va.gov/TOCindex.htm

I don't know many claimants that do not want 100 % so at least your normal on that, lol.

Hope this helps a vet.

carlie

Every resource I get helps. As does every affirmation that I'm not alone in this.

Thanks to you and the rest for both.

[Josephine]

I've posted here before. My details are briefly:

40% disability, service connected, parachute jump caused a back injury (herniated disk) in 1985. Surgery then a medical board out in '87 with "10% temporary" rating. Gradually increased rating as the pain rose to 40%. Today I can barely take care of myself due to back pain. Pain from the back injury keeps me in a recliner most of the day. I worked with the VFW for a couple of years before I realized they were just filing paperwork that legally couldn't be approved. Trying to fight it myself now. Can't afford a lawyer and senators all say "we'd like to help but we can't".

John,

How can you possibly sit in that recliner all the time and not be

depressed. Aren't you about stark crazy from doing that?

I am afraid I would be ready to climb the walls. Don't you

have to take some anti-depressants ? I am afraid I would have

to get some, if I wasn't already taking them.

The Best to you.

Betty

Edited September 3, 2008 by Josephine (see edit history)

[jbasser]

I agree on the bed rest. I found that rather bizarre test in the law. In essence, I can be judged incapacitated if a doctor orders me to bed often enough. HOWEVER getting a doctor to prescribe bed rest for someone whose bed ridden due to back pain is in my experience well nigh impossible! From the medical point of view it's malpractice. For most people activity is the best hope of dealing with back pain. Physical therapy helped me a lot when I first got out of the military. And activity helps depression as well. So standard medical practice is to take as much pain as you can and be as active as you can. That's my current "prescription" from the VA and my last two civilian doctors have refused to order bed rest. But without the prescription for bed rest I'm not incapacitated.

It's a catch 22 in the law and it's caught me but good.

John, You need to do the following activity.

Find an occupational specialist. Take your records, all of them, and have a complete history and examinatiuon done.

Find a Doc with a legal background. They are out there. Once he puts it together, He will do it in a way where the VA and Social Security Administration cannot deny.

Call a Social Security Attorney and ask them who they use for IME;s.http://www.freereferral.com/resume/C000494A.php

They will tell you.

J

Edited September 3, 2008 by jbasser (see edit history)

[John Purser]

I've posted here before. My details are briefly:

40% disability, service connected, parachute jump caused a back injury (herniated disk) in 1985. Surgery then a medical board out in '87 with "10% temporary" rating. Gradually increased rating as the pain rose to 40%. Today I can barely take care of myself due to back pain. Pain from the back injury keeps me in a recliner most of the day. I worked with the VFW for a couple of years before I realized they were just filing paperwork that legally couldn't be approved. Trying to fight it myself now. Can't afford a lawyer and senators all say "we'd like to help but we can't".

John,

How can you possibly sit in that recliner all the time and not be

depressed. Aren't you about stark crazy from doing that?

I am afraid I would be ready to climb the walls. Don't you

have to take some anti-depressants ? I am afraid I would have

to get some, if I wasn't already taking them.

The Best to you.

Betty

Yeah it's a bitch. Especially when the weather is nice and I really want to get outdoors and go fishing. But believe the the pain will snap me back whenever I decide "it couldn't be THAT bad" and try to ignore it. Yes, it really does add to depression. Becomes something of a positive feedback situation.

[John Purser]

John, You need to do the following activity.

Find an occupational specialist. Take your records, all of them, and have a complete history and examinatiuon done.

Find a Doc with a legal background. They are out there. Once he puts it together, He will do it in a way where the VA and Social Security Administration cannot deny.

Call a Social Security Attorney and ask them who they use for IME;s.http://www.freereferral.com/resume/C000494A.php

They will tell you.

J

I'll look into it. Not sure how to go about finding an occupational therapist or a doctor with a legal background but those are the two areas I need to work together. I'll checkout the site. Thanks.

John

[william n]

Hey All, Im confused as always, Is John Purser , Purple????? Best maybe if u answer that John...Just soo i get it straight.. Thank you , William

[John Purser]

Hey All, Im confused as always, Is John Purser , Purple????? Best maybe if u answer that John...Just soo i get it straight.. Thank you , William

Your confusion is contagious. Purple? Well, I'm often blue.

[AB2WK]

Hang in there John! I was rated at 20% for a low back injury the VA calls degenerative disk disease. I got a lot of good advice from this board

and it was raised to 40%. They still didn't look at the secondary conditions so I sent in another notice of disagreement and I got 30% for

radiculopathy (pain in my left leg from the back injury) Have your Dr order an EMG if you don't already have one. Mine showed nerve damage

which caused numbness and pain from the back injury. It was enough eveidence to get them to evaluate the secondary conditions. I also applied for

Voc Rehab and was put in the independant living program. My case worker wrote a letter saying my service connected injury is too severe for any kind of

meaningful employment. I applied for IU and was told yesterday it was waiting for approval and a decision should be mailed to me this week.

Hopefully it's good news! But I was where you are with no money and 2 kids to feed and it gets pretty damn depressing. Hang in there and get as many

medical records as you can to support your case. Depression can also be claimed as a secondary condition.

[John Purser]

Hang in there John! I was rated at 20% for a low back injury the VA calls degenerative disk disease. I got a lot of good advice from this board

and it was raised to 40%. They still didn't look at the secondary conditions so I sent in another notice of disagreement and I got 30% for

radiculopathy (pain in my left leg from the back injury) Have your Dr order an EMG if you don't already have one. Mine showed nerve damage

which caused numbness and pain from the back injury. It was enough eveidence to get them to evaluate the secondary conditions. I also applied for

Voc Rehab and was put in the independant living program. My case worker wrote a letter saying my service connected injury is too severe for any kind of

meaningful employment. I applied for IU and was told yesterday it was waiting for approval and a decision should be mailed to me this week.

Hopefully it's good news! But I was where you are with no money and 2 kids to feed and it gets pretty damn depressing. Hang in there and get as many

medical records as you can to support your case. Depression can also be claimed as a secondary condition.

I really appreciate news and information like this. It sounds like our cases have a lot in common.

I was receiving 20% for my back and 20% for the nerve damage (numbness and pain). Then about two years ago I applied to up it as the pain was preventing me from working. They "changed" my award to 40% for the back and said the nerve damage "got better" so it was downgraded. Filed NOD and had the EMG which, son of a gun, showed nerve damage. STILL don't get that 20% for the nerve damage. My last MRI showed degenerative disk disease.

I'm going to go the Voc Rehab route. I see it as win win. If I can get meaningful work that would be HUGE!!! But between the pain and the mood swings I'm not sure what that work would be.

I'm luckier than I have any right to be. I've got a girl friend who supports me and my family can send me a little money. I've got a Springer Spaniel but no other dependents. I may be barely able to take care of myself but I CAN take care of myself. I'm luckier than many.

Good luck on the TDIU. Let me know how the decision goes.

John

[purple]

William,

Nope....I'm Purple!!!

[Hoppy]

I had no problem getting a doctor to write a report that I can not engage in any work and advise me not to engage in any activity that increases my levels of pain. I had a diagnosis of disc herniation with ridiculapothy and was specifically advised by my doctor to seek social security disability. I know of several other people with similar disc problems who easily won Social security disability.

At no time was I told that bed rest would cause my problem to get worse or inhibit my recovery. I told the doctors that every day of my life the only way I could control the pain was to be in the prone position 16 hours a day. On my daily activity report for SSD I wrote that I spent 16 hours a day in the prone position. I was awarded social security. The rest of the time I spent doing my shopping and light house work and preparing meals. I was in my early fifties when all this occurred.

The VA rates disabilities on their own schedule. Learn there schedule and pay particular attention to the requirement that you have a prescription by a treating physician that you required six or more weeks of bedrest in the last year. I have read BVA cases where they asked the veteran one question. Did a doctor prescibe six or more weeks of bed rest. The Veteran said no and was denied an increase over the current 40% rating. There are other neurological symptoms that can get a high rating.

The good news is that I now function much better and the pain levels have de-creased. Now all I have to worry about is the angioedema.

Edited September 8, 2008 by Hoppy (see edit history)