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

[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

[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