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hypertension Social Security Turned Down - Need Help
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VA different higher normal HBP/HTN for vets 1 2
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dav_marine72
Hi Everyone,
I filed a claim for SSD in April along with TDIU. I get my denial letter yesterday from SS. I noticed they had missed a ton of evidence I sent to them via fax. It seemed like they only used records they requested. I have a reconsideration call on 7/10. I know my way around the VA but SSD is new to me. Here is the quick version of my story if possible:
Currently 80% disabled vet
mental secondary to back 50% on appeal at varo
Asthma 30%
Back 20% on appeal at court
lower extremity weakness secondary to back 10% (given to me by BVA) on appeal at court
right foot weakness 10% on appeal at court
left foot weakness 0% on appeal at court
hypertension secondary to back 0% on appeal at varo
eczema 0% on appeal at varo
right testicle pain 0% at court
Back started in 97
mental in 02
1st back surgery 2/00 discectomy and laminectomy at L3-4 and L4-5
2nd back surgery 3/09 lumbar fusion with interbody cages at L3-S1 - removed scar tissue from 1st surgery
I worked the last 17 years, the last 4 in severe pain. 4 years in the Marines and 13 in the IT security field which requires no lifting. I am 6 credits away from a BS. I am 37 years old.
Meds
Mental
Paxil / Zoloft max doses since 2002
Ativan 1mb 3 x day since 2002
buspar 20mg 4 x day since 2002
Ambien since 2009
Back
Oxycontin 40mg 2 x day
Roxicodone 30mg 3 x day
started at vic - perc - oxy late 2006 - been on oxy since late 2007
HBP
Lisinipril 10mg a day
Symptoms
Mental
panic and hyperventation attacks since 02
depression since 02
My physciatrist at the VA filled out a SS form basically and stated that I can't work based on mental + back
I had my current therapist write a letter stating that I couldn't work because of my mental + back
Back and Legs
4 months post fusion. Pain 2 as worse. I have fallen 3 times. Numbness worse now. Failed aquatic physical therapy and now do independent 1-2 a week. Can't sit for more than 5 minutes without getting nauseus, can't stand more than 10 minutes, can't walk more than two city blocks. I use a back brace and cane. Mind you sitting and standing issue has been since 2000. Stamina slowly started going down. By 2006 I was around the same I am now but not as worse. I had no choice but to work because of wife and kids to take care of. Since 2007 active monthly at a pain clinic with nerve blocks every few months. I had a failed spinal stimulator trial in late 2008. Did physical therapy with a chiropractor three times a week for 2 years from 2007-2008. I worked for a smal company and they wanted me back at week six part time. They gave me till week 8 and then fired me. Just had a VA exam done and was only able to bend forward 0-19 degrees with pain, backward 0-0 degrees with pain, 0-0 degrees with pain on the left and 0-20 with pain on the right. She wrote how I was unstable and have had falls and that I can only sit for 5 minutes, stand for 10, and walk for 10. She wrote at the end that my impairment was mild to moderate LOL. I guess you need to be dead to get a severe. She also wrote my testicle issue which is tied to the back was mild to moderate.
I had a private doctor write two IMEs, 1 in 2004 and 1 in 2007 stating I can't sit for longer than 5-10 minutes, can't stand for more than 10 minutes, and walk for 10-15. He also wrote I should be considered for unemployability. He was writing for the VA of course.
So you get the point LOL. This is the short version. So SS denies me and says I can't do my old job which required no lifting or streneous activities and says I can find another job based on my age, education, amount of wages I made, etc. that is less demanding. Well I'd like to know what job is out there where you don't need to sit, stand, walk, or lift LOL. They also said I had some pain, I can move around and should be able to lift. I honestly believe they did not have all my evidence when the decision was made. However, I'd like to try and win this thing at the reconsideration and not have to wait two years and hire a lawyer.
I've read their basic laws and it sounds like I should be set. I meet 5 out of 5 criteria. They failed me on the fith which was my age, education, last wages, etc. Again if I can't sit, stand, or walk long what job can I do? The prescriptions I take all say I can't drive either.
Any advice?
USMC 1st Battalion 1st Marines 1st Marine Division 91-95
100% P&T
"The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars were treated and appreciated by their nation."
George Washington
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