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80% And Struggling...

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maine1963

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Ok, started my claim for my back injury in oct 2007. In Feb 2008 I was awarded 60% Comp. (*of note I was also awarded my Social Security Disability in Jan 2008).

The money finally came in... But I am STILL not able to work.

I submitted an additional claim for my left and right legs (weakness, numbness, tingling...) and my left and right hip problems. Also in this claim I requested Unemployability.

I was awarded a total of 80% Comp disability from the VA, (started this second claim in March 09 and final decision came in June 09). BUT I was DENIED my Unemployability. Reason was that the VA could not figure out if there was something other than my back, legs and hips claims that was causing my not being able to perform gainful employment.

My question is: Do I appeal and fight for a couple of years?? Or - do I simply file another claim for increased back pain / leg weakness? Perhaps if I do file for added pain / limited movement I will receive 100% permanent and total Comp?? After all, I am at 80% now...

I fell down the engine room ladder and fractured one of my vertebrae back in 1985. It has taken its toll on me over the years and now (after two surgeries) I walk with a cane / walker at an angle!

Any suggestions would be great.

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needless to say the VARO's move in strange manners when it comes to SS records in my case the SS Agency used my VA medical records on my heart disease which was submittted in October 2002 after a heart cath supposedly the gold standard for cardiac medical tests it showed a 25% left ejection fraction and 2 bypasses closed off and not repairable with new surgery SSD was approved in 4 months based just on VA records, VA denies my claim in July 2003 and in April 2009 BVA awards the claim secondary to PTSD they then use the same records and rate me at 60% for CAD despite the fact I have been on SSD for the same thing since June 2002 when I quit working check started in Dec 2002 5 month waiting period.....it's a waste of time now to appeal since I am SMC S so there is no incentive to appeal to get the 100% as long as the CAD is rated when I die from heart problems my wife will get DIC and keep her CHAMPVA that is the only thing that really matters, but the VA Regional offices really suck when it comes to decisions involving the SSD and the same medical issues it is ludicrous they can't even make the same determination based off the same records and they wonder why the military and the VA have such a hard time with record swaps

If you are receiving SSD for a service connected disability, go to Social Security and complete a form requesting that Social Security send copies of your medical records to VARO in support of your pending claim for total disability individual unemployability. I think you should make sure that Social Security puts your C number and Social Security number on their cover letter to V.A.

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Just a quick reply to some questions (from my original post in August)... As well as to provide an update to all of you.

My claim is being handled here in Maine(Augusta). I think that this VA facility is top notch and is actually a model for other VA centers, but I could be wrong. Once you put in for a claim, it (on the average) only takes up to 90 days before you have a reply. If it takes longer, it is only because of outside information not being delivered expiditiously. So get your medical information directly to Veteran Services (through your advocate)!

I will also tell ALL that have submitted claims / appeals / or are experiencing difficulties of any kind, to write to their CONGRESS person!!! This is a MUST! They have delegated people within their congressional structure to deal with Veterans that need assistance. Even if you are not sure if you need help, let them know that you have submitted a claim. You see once there is a congressional inquiry into your VA claim or SSD claim - your file is "TAGGED" and your congress person MUST be kept up to date with the progress! It DOES speed up the process and keeps the dust off of your file / claim.

Again (if you did not read the FIRST post I made on this TOPIC) I am at 80% and was denied TDIU... I have appealed this, but in the mean time my knees, hips, legs and back have worsened and the level of medication that I am now taking is preventing me from virtually ever being able to drive again. After careful consideration and numerous conversations with personel at Veteran Services as well at my advocates office - it was determined to put in an ADDITIONAL claim for the addition of knee trouble, leg trouble and hip trouble. This does not stop my appeal, but rather gives me a shot 100% Permanent and Total Disability Comp. If the appeal comes first, which I doubt, all the better - I just take the claim to this level and go for permanent and total. Working the system? Indeed... But you HAVE to in order to get what is rightfully yours.

It took me a long time before I even considered filing a VA comp claim! Now that I have - I am thankful that I did. We, as Veterans, have done our part to protect and serve our country (no matter in what capacity), now our country is helping us in return. The unfortunate part is that you have to get to know the system or have enough money to survive the system duration.

Good luck to all, and I will keep you posted.

Greg

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