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]

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