After getting turned down by social security twice I figured I couldn't wait the 1 year for the appeal because I needed money. I did appeal the case anyway because I haven't gone back to work as of yet. I had been waiting for my convalescent leave since March for my service connected back. I had filed for TDIU because this was my second surgery and I had a 3 level fusion done with cages, etc. So I start interviewing for positions. I have doubts I can even last an 8 hour day. I can't sit for more than 5-10 minutes without getting nauseous. I worked in the computer field for 14 years after 4 years in the Marines. Mind you prior to today my back from 20% ortho and 10 neuro. I worked the last 2-3 years taking oxycotins 3 times a day with ativan and buspar just to make it through. Once at home I needed to lat down and do nothing. I couldn't even pick my small children up. I was losing sleep, crying, and having anxiety / panic attacks for the last 6 years. Anyway to make a long story as short as I can I am service connected for the following:
Chronic Back Condition (since 1997) 20% ortho 10% neuro -------------- Just got a remand at the U.S. court
Mental (2nd to back) 50%
Asthma 30% on appeal for 60%
Right Foot 10% -------------- Just got a remand at the U.S. court
Left Foot 0% -------------- Just got a remand at the U.S. court
Chronic Right Testicle Pain (from the back) 0% -------------- Just got a remand at the U.S. court
High Blood Pressure (2nd to back) 0%
Eczema 0%
Appendectomy 0%
Total 80%
Gerd (2nd to service connected aliments) denied on appeal
Erectile Dysfunction (2nd to back) denied on appeal
I think that's all LOL.
So I'm scared I won't make it all day at work because I am still in unbelievable pain, get nausea sitting for more than 5-10 minutes and have massive multiple panic attacks. I also scream at my wife and kids when I have to do something that requires me to be standing or sitting. So my American Legion rep calls me today. We don't have the final letter yet but here was the local ROs decision:
March 12 (date of latest surgery) - July 12 2009 100% temp convalescent leave + S1 housebound status ???????????
May 8 2009 on - Total and Permanent disability with dependent benefits.
They denied me on an increase for high blood pressure, eczema, and service connection for gerd and erectile dysfunction. Now even though they stated in all correspondence about these issues that they could not change my back rating because it was under the courts jurisdiction they increased my back to 40% ortho. I don't get that one but hey its the VA right.
Here are my questions. My AL rep said it was unusual for the RO to give me total and permanent off the bat as this was my first time asking for TDIU. Is this true? What dependent or veteran benefits am I entitled to now? Does this mean they can never change my 100% rating????????? Will this help with my social security claim? My surgeon initally gave me a work status of no work what so ever from March 12 2009 - September 12 2009. The RO only gave me 4 months of convalescent leave March 12 2009 - July 2009. The reason I care is they gave me the housebound special monthy compensation which I never knew I rated and it was like $363 a month. So if I can get more convalescent leave I should get the SMC too right?
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dav_marine72
Hi Everyone,
After getting turned down by social security twice I figured I couldn't wait the 1 year for the appeal because I needed money. I did appeal the case anyway because I haven't gone back to work as of yet. I had been waiting for my convalescent leave since March for my service connected back. I had filed for TDIU because this was my second surgery and I had a 3 level fusion done with cages, etc. So I start interviewing for positions. I have doubts I can even last an 8 hour day. I can't sit for more than 5-10 minutes without getting nauseous. I worked in the computer field for 14 years after 4 years in the Marines. Mind you prior to today my back from 20% ortho and 10 neuro. I worked the last 2-3 years taking oxycotins 3 times a day with ativan and buspar just to make it through. Once at home I needed to lat down and do nothing. I couldn't even pick my small children up. I was losing sleep, crying, and having anxiety / panic attacks for the last 6 years. Anyway to make a long story as short as I can I am service connected for the following:
Chronic Back Condition (since 1997) 20% ortho 10% neuro -------------- Just got a remand at the U.S. court
Mental (2nd to back) 50%
Asthma 30% on appeal for 60%
Right Foot 10% -------------- Just got a remand at the U.S. court
Left Foot 0% -------------- Just got a remand at the U.S. court
Chronic Right Testicle Pain (from the back) 0% -------------- Just got a remand at the U.S. court
High Blood Pressure (2nd to back) 0%
Eczema 0%
Appendectomy 0%
Total 80%
Gerd (2nd to service connected aliments) denied on appeal
Erectile Dysfunction (2nd to back) denied on appeal
I think that's all LOL.
So I'm scared I won't make it all day at work because I am still in unbelievable pain, get nausea sitting for more than 5-10 minutes and have massive multiple panic attacks. I also scream at my wife and kids when I have to do something that requires me to be standing or sitting. So my American Legion rep calls me today. We don't have the final letter yet but here was the local ROs decision:
March 12 (date of latest surgery) - July 12 2009 100% temp convalescent leave + S1 housebound status ???????????
May 8 2009 on - Total and Permanent disability with dependent benefits.
They denied me on an increase for high blood pressure, eczema, and service connection for gerd and erectile dysfunction. Now even though they stated in all correspondence about these issues that they could not change my back rating because it was under the courts jurisdiction they increased my back to 40% ortho. I don't get that one but hey its the VA right.
Here are my questions. My AL rep said it was unusual for the RO to give me total and permanent off the bat as this was my first time asking for TDIU. Is this true? What dependent or veteran benefits am I entitled to now? Does this mean they can never change my 100% rating????????? Will this help with my social security claim? My surgeon initally gave me a work status of no work what so ever from March 12 2009 - September 12 2009. The RO only gave me 4 months of convalescent leave March 12 2009 - July 2009. The reason I care is they gave me the housebound special monthy compensation which I never knew I rated and it was like $363 a month. So if I can get more convalescent leave I should get the SMC too right?
If anyone has experience with this please advise.
Thank you in advance.
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