tinnitus New Member

[masters101]

I am currently rated at 50% with the VA. (40 % Back/10% Neck/ 0% Tinnitus/Hearing Loss/ 0% eyes)

I have asked for an increase with the help of the DAV on June 15, 2009 for the following:

1. Tinnitus- I have two doctors letters clearly establishing my extreme tinnitus and connection with my USAF active duty days. In addition the VA has issued me hearing aids.

2. Fibromyalgia: I have two separate doctors who have completed an IME and both say it is more likely than not do to my accident in the USAF. My Fibromyalgia is very painful and has made my body into a cage of pain.

3. Neck pain has increased to severe levels. The pain is constant and I cannot do many normal things. My pain and inability to move my neck has lead to being relieved from my job. My latest MRI report shows severe stenosis and several bulging disk. I have two Doctors letters clearly stating the injury was from my USAF active duty and my condition is severe.

4. Depression, my Psychologist wrote a two page IME and has diagnosed me with severe depression due to my service connected injury. In addition two of my other Doctors have concurred and I included those Doctor reports to the VA. I am highly medicated by my Doctor

5. Severe debilitating migraines: I included two separate Doctor reports which clearly show my neck and back injury are the reason for my migraine headaches.

6. Loss of feeling and numbness in my arms and legs.

7. I have applied for social security but have not heard back from them as of 21 October 2009.

8. I am unable to work with all of my medical conditions; the medicaitons i take keep me in a constant gray area. In addition i am having issues with both short and long term memory.

I would like to get some advice from my fellow Veterans. Any advice or thoughts are welcomed both positive and negative. I realize I am fighting an up-hill battle with the VA. Because I have so many issues will my file fall to the waist side? Any chance of my file being complete within 1 year? I have not been set up for any C&P exams as of today. Is it possible to have a rating completed without several C&P’s? What weight does a C&P have over two and three highly credible Doctors? I have several IME some of them are 7 to 10 pages longs.

[halos2]

masters101 welcome to hadit. Looks like someone else stays up all night besides me and pete too. When did you originally file? When did you serve? Were you in any combat areas? When did you stop working? You have just started the long process of appealing. I believe the real method to the VA for evaluating one for a disanility is with a C&P. It appears you have alot of professional documentation concerning your diagnosis/ailments. The VA will most likely use a Nurse Practioner to do your physical exams, so if your IMO/IME are written well these could more likely than not be disputed if the NP writes some BS which they are known to do.

I really doubt your claim may be completed within a year, but maybe a miracle could happen for you. You will read here on hadit most of us have been fighting with the VA system for yrs...since 03 with me, and some have since the 60's too. One of our elders, berta, I believe has been fighting since the early 1990's. Make sure you get a cirriculum vitae from the Dr's so the VA can see their background/education/experience etc. They can read a psych dr did your IMO for mental impairments/conditions and not an orthopediac physician.

Are your SSDI and VA diagnoses all related to your military in-service duty? Like you wrote you receive 50% VA compensationconcerning a back condition, and 10% for neck. Many times the VA will not award for illinesses/injurys that were VA related and not progressed however awarded by the VA, and the VA will not grant for these if they are not service related.

You do go for treatment at your local VAMC, right? The VA will read those treatment records too. Make sure you keep copies of everything. Others will post here too. Good luck but don't count on expedience with anything involving the VA. It's wait and wait and wait. If you get service connected, the VA is more likely to approve for certain conditions, but the reverse does not happen with non service injuries. Good luck. :D [

quote name='masters101' date='Oct 21 2009, 04:31 AM' post='171992']

I am currently rated at 50% with the VA. (40 % Back/10% Neck/ 0% Tinnitus/Hearing Loss/ 0% eyes)

I have asked for an increase with the help of the DAV on June 15, 2009 for the following:

1. Tinnitus- I have two doctors letters clearly establishing my extreme tinnitus and connection with my USAF active duty days. In addition the VA has issued me hearing aids.

2. Fibromyalgia: I have two separate doctors who have completed an IME and both say it is more likely than not do to my accident in the USAF. My Fibromyalgia is very painful and has made my body into a cage of pain.

3. Neck pain has increased to severe levels. The pain is constant and I cannot do many normal things. My pain and inability to move my neck has lead to being relieved from my job. My latest MRI report shows severe stenosis and several bulging disk. I have two Doctors letters clearly stating the injury was from my USAF active duty and my condition is severe.

4. Depression, my Psychologist wrote a two page IME and has diagnosed me with severe depression due to my service connected injury. In addition two of my other Doctors have concurred and I included those Doctor reports to the VA. I am highly medicated by my Doctor

5. Severe debilitating migraines: I included two separate Doctor reports which clearly show my neck and back injury are the reason for my migraine headaches.

6. Loss of feeling and numbness in my arms and legs.

7. I have applied for social security but have not heard back from them as of 21 October 2009.

8. I am unable to work with all of my medical conditions; the medicaitons i take keep me in a constant gray area. In addition i am having issues with both short and long term memory.

I would like to get some advice from my fellow Veterans. Any advice or thoughts are welcomed both positive and negative. I realize I am fighting an up-hill battle with the VA. Because I have so many issues will my file fall to the waist side? Any chance of my file being complete within 1 year? I have not been set up for any C&P exams as of today. Is it possible to have a rating completed without several C&P's? What weight does a C&P have over two and three highly credible Doctors? I have several IME some of them are 7 to 10 pages longs.

[Berta]

just to clarify

"One of our elders, berta, I believe has been fighting since the early 1990's."

Halos -first claims in 1990s took 3 years to award , most recent claims awarded took six years-

So -even with the lengthy process- at some point the evidence will award the claim.

It sounds like this new member has plenty of good evidence.

Question masters101-

why didnt your Rep give you a TDIU form to send to them?

Or did he (or she)

A vet does not need to have any specific SC rating at all to apply for TDIU. One of the fastest awards I ever saw was a vet with no SC who I sent TDIU form to and I suggested he attach all of his private medical records to the form.

Here is the Form- Check Yes to # 18 and then under #25-Remarks, tell them you are attaching additional information-Put your name ,address, and C file # on it and tell them how the side affects of the meds preclude employment and refer them to and attach any other info that would support a TDIU award.

Did any of the IMO/IME docs state any specific disability you have renders you unemployable?

If they did-was it- or would it be eventually a SC disability?

Send your rep a copy and make sure you keep copy of the TDIU form yourself and get a Proof of mailing from the PO when you mail it to the VA.

TDIU is awarded at the 100% rate pf comp.

If I were a rater I would rather work a TDIU claim than a claim with multiple issues.

I think a TDIU claim can go a little faster than multiple issues if there is evidence to show that any one of the conditions is causing unemployability and there is an established nexus to the vet's service or nexus to what has already been established.

Still-Halos point is this -----In 2003 I filed claim- sent evidence with the claim- by 2006 had 2 IMos, then got a third IMO-denied ,denied, until April 2009-this was the first time my evidence was actually read by the VA and the claim was awarded.

One cannot predict at all what the VA will do or not do.

Have you received a VCAA letter yet on the additional claims issues?

The letter comes at aboput 3-4 months after they receive the claim.

TDIU_21_8940.pdf

[jbasser]

MAsters, has the DOc ever put you on bed rest for your neck.

If you have it documented then you should be 60 percent for the back. I dont see nerves rated on you. They should rate the effected nerves separately.

If it is keeping you from working ask for TDIU.

J

[Jayg]

Howdy masters and welcome to hadit. :) It is customary to post some of your veteran data in your profile so it will show on the left there. 'Course, its not required if you'd as soon not. But we're all in this together and it can help folks focus the help you need.

First thing. Nobody cares more about your claim than you and that means DAV too. (and I'm a life member DAV) There are some good VSO reps out there. But there's a lot of indifferent ones and some down right stinkers. More than a few of us have been 'counseled' to accept a lesser rating and go home. Don't ever do it.

Don't get in a hurry, it'll just upset you. DON'T do anything to try and hurry up the process. It'll just slow it down. I went through that in my second year. (I've been going at this since 2004) Happily, I don't have as severe issues as you, but I still haven't worked since 2004. Had to file bankruptcy and all that. At least so far, I have managed to keep my home. VA does-not-care.

I had expected the process to be tough but at least honest. Don't you believe it. I have a couple of C&P (compensation and pension) exams that they have blatantly lied and falsified records on. Look up some of my recent postings for the sad tale. The others here have heard it enough. Nobody was shocked by the way. Well, except me.

Concerning the 0% tinnitus, that surprises me. I have 10% tinnitus and 0% bilat hearing loss but they say I hear at the same level as a hearing aid any way and wont issue me any. they told me that when I first was rated long ago and since then my hearing is worse and hearing aids are better but the tale's the same...

Finally, it looks as if you are well armed for the fight. Having your evidence lined up like ducks in a row is a good thing. But too many times, we've seen a statement by a doctor with long standing experience tossed aside for some NP examiner's trumped up tale. One more thing about those IMO/E's. Check the wording and arrangement. VA will reject an excellent IMO/E just because it isn't arranged or worded correctly. There's another site you might familiarize yourself with- VAwatchdog.org. Look for Jim Strickland's tutorials on filing things for VA. The more you know about the processes of VA, the better off you are. That way you have a measuring rod to check your DAV against and catch potential harm before it happens.

One thing I would suggest. File your different issues separately as stand alone claims. A large file of multi issues (like mine) will too often be shoved aside for smaller files that can be quickly handled and their production quotas maintained. I recently had my file go through 3 different raters, sitting on each one's station for nearly 90 days before being passed to another to wait another 90 days before being passed... I had a DRO hearing in March, they transferred my DRO, and here it is Oct and I still do not have a rating. I was told I had one and it was a good one, but before it was made official, they sent it back for "more development"... welcome to the world of VA. Just don't let them grind you down because they'll spit you out. Delay, deny, stall 'em till they die. :D

I am currently rated at 50% with the VA. (40 % Back/10% Neck/ 0% Tinnitus/Hearing Loss/ 0% eyes)

I have asked for an increase with the help of the DAV on June 15, 2009 for the following:

1. Tinnitus- I have two doctors letters clearly establishing my extreme tinnitus and connection with my USAF active duty days. In addition the VA has issued me hearing aids.

2. Fibromyalgia: I have two separate doctors who have completed an IME and both say it is more likely than not do to my accident in the USAF. My Fibromyalgia is very painful and has made my body into a cage of pain.

3. Neck pain has increased to severe levels. The pain is constant and I cannot do many normal things. My pain and inability to move my neck has lead to being relieved from my job. My latest MRI report shows severe stenosis and several bulging disk. I have two Doctors letters clearly stating the injury was from my USAF active duty and my condition is severe.

4. Depression, my Psychologist wrote a two page IME and has diagnosed me with severe depression due to my service connected injury. In addition two of my other Doctors have concurred and I included those Doctor reports to the VA. I am highly medicated by my Doctor

5. Severe debilitating migraines: I included two separate Doctor reports which clearly show my neck and back injury are the reason for my migraine headaches.

6. Loss of feeling and numbness in my arms and legs.

7. I have applied for social security but have not heard back from them as of 21 October 2009.

8. I am unable to work with all of my medical conditions; the medicaitons i take keep me in a constant gray area. In addition i am having issues with both short and long term memory.

I would like to get some advice from my fellow Veterans. Any advice or thoughts are welcomed both positive and negative. I realize I am fighting an up-hill battle with the VA. Because I have so many issues will my file fall to the waist side? Any chance of my file being complete within 1 year? I have not been set up for any C&P exams as of today. Is it possible to have a rating completed without several C&P's? What weight does a C&P have over two and three highly credible Doctors? I have several IME some of them are 7 to 10 pages longs.

[john999]

Your psychological C&P exam may turn out to the the one that will put you over the top. If you get a rating of 30% for depression due to medical conditions you will be in percentage range for TDIU. You should file for unemployability now. What you need is for your shrink to say that you are unemployable due to your physical injuries and due to your depression. The shrink can tie up all the conditions and determine that due to chronic pain and depression you can't work. He should use conditions that are already service connected to base his opinion on about your unemployability. You already have 50%, so a 70% rating with IU is within reach.

[LarryJ]

YOU MUST FILE A FORM 21-8940.

Do as Berta has said. Fill it out completely, observing the items that she has pointed out. Make SURE the VA gets the darn thing. Have Your DAV service officer forward it to the VA, but, you make darn sure and keep a copy.

Without this form being turned in, the VA will just sit on the TDIU, and NEVER, EVER, tell you to fill out the form (the one that they are SUPPOSED to send to you when it is obviously appartent to anyone who can read, that you are eligible for TDIU).