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I Think I Need A Plan

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John Purser

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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

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William,

First, didn't mean to say that alcoholism automatically means I CAN'T take stronger meds or that doing so is against the AA program. I'm just really careful about them. The only time in my life I got stupid with pills was when I was in the Army shortly after the back surgery blew out. I was taking 8 times the prescribed dose of Codeine and mixing it with lots of Alcohol and prescription sleeping pills so I could sleep at night. I stayed in a stoned fog until the Codeine ran out. Told my Army doc what I was doing and he said "That's not good" and wrote me another prescription for Codeine. I went home and flushed the pills. Haven't taken much stronger than aspirin since until I got the Tramedol for my back a year or so ago.

I'm scared of how I handle most pain or sleeping pills now. That's not program, that's personal experience and I'd be a fool to forget it.

I do take a flexeril once in a while when the pain just won't shut up. It doesn't directly affect the pain I think but it does make me pass out for a while. However it also makes me slow and stupid for at least 24 hours after I wake so I lose a couple of days whenever I take one. Not a good trade IMHO.

Agreed on the doctors notes. I told one civilian doctor that my back was the single biggest medical issue I had and that it was destroying my life by confining me to a recliner. I went to him repeatedly and complained about the back every time and we agreed there was nothing he could do about it. 2 years later I moved and when my new doc got my last docs notes there was almost no mention of my back at all. Just one note saying he referred me to another doc for a consult. On paper, my back was just fine for those two years.

Today I HAVE the MRI, the EMG (electronic nerve damage test. May have the acronym wrong), and the X-rays all showing back and nerve damage. But you can't "show" someone pain.

I've been to the VA for depression. Going back again. No good for the depression and no use for the boards. I've tried the emergency room visits for pain but the last two times I had to leave before I was seen. I REALLY can't sit up that long. Just driving to the emergency room hurts and after an hour or so of waiting I have to leave. I've been seen about half the times I've gone to VA ER.

I'm being seen by the local VA back clinic. They've told me to learn to tell "good pain" from "bad pain" and start enjoying "more pain". That's not working out so well. Going back to them soon but don't expect much better results. Last time they said they were going to order me a corsett which would in fact DAMAGE my back so I could only wear it for 15 minutes at a time. No one believes me when I tell these stories.

Physical therapy made a HUGE difference when I first got out 20 years ago. But over the years it started causing more pain and finally got to the point where just trying those exercises put me down for days.

Thanks for sharing your experience. I'm looking for anything that works that I haven't tried and hearing about someone else's experience really helps.

John

Though are circumstances are somewhat similar, my alcoholism has been in remission for sometime. However, i do receive for my pain Hydocodone, Methocarbamol,Prendisone,, and Ambien for Sleep. All prescribed by the VA with no Med. contract. My pain is somewhat tolerable, though i have had some incapcitating periods,over the past couple years. Funny thing is when i met my new PCP, he put in his notes that i like vanilla ice cream but never mentioned the incapacitating episodes that Ive had where family was flown in to take care of me, which i told him about. Sooo, you may be on too what i always believed to be, that VA Dr.s are not assisting with the claims process. Just my experience. You can tell the VA dr.'s anything u want but unless u have ER visits,Physical Therapy Sessions, Psych ward visits(depression from the pain), Independent Medical Opinions, Mri's, and etc,.Its alot tougher for them too award based on "your version" of lifestyle and events. Just this Vets experience. Peace, William
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John, I glanced over your posts here and feel for you. Glad to see you at Hadit and keep yer chin up.

Are you currently SC for depression?

My story, on a visit to VA php (flu shot time), intake interview asked 'are your or have you been depressed', a standard question. Stunned me somehow, said 'uh,,yes', got immediate consult.

After a few visits, VA psych diagnosed years of depression re military service events. The diagnosis resulted in psych notes in VA med records. Hadit family helped w/stressors, what, when, and how to 'clearly' present for a much needed claim. A while later, % compensation and continued va care. (THANKS Hadit!).

When va php, psych or any doc asks, my truthful response is Yes. Now its occasional counseling, some meds and continued compensation for chronic Major Depressive Disorder (MDD). Hard work but a good difference in being here for my family.

Best to ya,

cg (sc lumbar, d3, veins, etc..)

Edited by cowgirl
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My Depression isn't officially service connected yet. Not sure how to proceed to get it connected. I asked about whether or not my 20 years of increasing pain, becoming a shut in, self treating pain with alcohol leading to alcoholism, etc. would in any way be related to my Depression. The answer I got was that since not EVERYBODY winds up with depression after a back injury there's nothing to link my depression to my service.

This doesn't sound right to me.

But in regards to depression right now my main concern is just getting some better treatments or coping skills. The VA doc had me on Prozac but I didn't really notice much of a difference. Then she put me on some additional meds that tore my stomach up without really changing anything else so I quit those too. Exercise helps the depression a lot but tears up the back of course. Tried therapy. Gave me some interesting life tools but nothing really directly applicable to Depression.

Just feeling my way along here. I'm not constantly suffering. At least twice a month, sometimes as often as weekly, I crash big time. I've learned to feel it coming on, warn the girl friend, and then shut the hell up until I'm mostly over it. Usually just takes a day or to for the worst of it to pass. At least I limit the damage to me that way.

John, I glanced over your posts here and feel for you. Glad to see you at Hadit and keep yer chin up.

Are you currently SC for depression?

My story, on a visit to VA php (flu shot time), intake interview asked 'are your or have you been depressed', a standard question. Stunned me somehow, said 'uh,,yes', got immediate consult.

After a few visits, VA psych diagnosed years of depression re military service events. The diagnosis resulted in psych notes in VA med records. Hadit family helped w/stressors, what, when, and how to 'clearly' present for a much needed claim. A while later, % compensation and continued va care. (THANKS Hadit!).

When va php, psych or any doc asks, my truthful response is Yes. Now its occasional counseling, some meds and continued compensation for chronic Major Depressive Disorder (MDD). Hard work but a good difference in being here for my family.

Best to ya,

cg (sc lumbar, d3, veins, etc..)

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