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.

[masters101]

Carlie--you are correct, but the VA always gives itself an out:

§ 4.31 Zero percent evaluations.

In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.

However, you either have tinnitis or you don't. How can you have tinnitis and NOT meet the requirement for a "compensable evaluation"?

Masters--this should be an easy kill.

I really hope so. My DAV representative does not understand why it is not at 10 percent either.

[masters101]

You can apply for TDIU whenever you WANT to!

I KNOW what the so-called "requirements" are, and I also know that if you can't work, YOU CAN'T WORK......due to TDIU (Total Disability due to Individual Unemployability (that's kinda why they call it that))!

If you have a doctor saying you can't work, either because of your disability or because of the medication that you must take BECAUSE of your disability.....then you are "Unemployable" and should be receiving TDIU (that's the purpose of TDIU, ya see).

APPLY for it.

Now.

You might just want to turn the form in yourself, seeing as how your DAV VSO has the idea that you CANNOT apply until all the percentages are "correct".

Let me tell you a little story:

Once upon a time, in a land not so far away, there was this kid.

He joined the United States Marine Corps.

He was badly injured in the United States Marine Corps.

He suffered from this injury for 40 years but he never tried to file a claim for it, because some IDIOT in a suit told him that he would NEVER QUALIFY FOR ANYTHING and that they would not help him to apply.

He finally suffered all that he could and found the personal will power to file his OWN claim, for his OWN self, after having lived a lifetime of pain, shame, and self-doubt.

BUT, I'M OVER THAT CRAP........I'M ALL OVER THAT CRAP....I'M SOOOOO OVER THAT CRAP THAT I DECIDED THAT I'D DO SOMETHING ABOUT SOME OF THESE IDIOTS IN SUITS AND THEIR SELF-RIGHTEOUS ATTITUDES AND BAD INFORMATION!

Now, you do what you want to, okay.

:D

I really appreciate your inputs and plan to follow your advice. I have filled out the form, attached all four of my IME and several other important medical documents. I really believe this might be the correct way to approach the VA. Thank you again; and i will make sure and keep copies of everything.

Thanks again

Masters

[Hoppy]

New member

I'm sure you have received a lot of good advice. The post has got a rather long and I did not read all of the responses. However, in response to your doctors assessment of your disability this is what I have to say.

Pay very close attention to what the rating schedule says and address the rating schedule directly and specifically. Obtaining higher ratings on neck injuries and back injuries can require neurological tests and or long periods of time for bed rest.

There was a veteran on hadit who wrestled with the bedrest issue. He got letters from his doctor saying that he had been placed on bedrest in excess of six weeks during the last year. A DRO challenged the doctors assessment. The DRO wanted a more detailed explanation of the bedrest. The DRO told the veteran that he did not believe that he went an entire six-week period without getting out of bed. The DRO claim to that his definition of bedrest was a requirement that you could not get out of bed at all. This DRO could be an idiot. The problem is that his decision to delay the claim or worse yet someone at the BVA might agree with them.

I have read one BVA case where the bedrest requirement was a slamdunk. The bedrest was determined by the number of days in which the bedrest made it impossible for the person to go to work. The individual kept a daily log for a period of one year which recorded the days he was unable to go to work because he was resting in bed. This veteran was awarded an increase in disability based on the bedrest issue. Wouldn't you know it the disabled veteran was a Dr. at a VA hospital. He prescribed himself the bedrest and was smart enough to keep a log. They probably learned this after listening to veterans complain that they could not win this issue. In any event check into the neurological and bedrest requirements for an increased rating. If you read the rating schedule I'm sure you'll see that each rating is inclusive of a presumed amount of bedrest. I know I've seen this in the BVA decisions.

[masters101]

New member

I'm sure you have received a lot of good advice. The post has got a rather long and I did not read all of the responses. However, in response to your doctors assessment of your disability this is what I have to say.

Pay very close attention to what the rating schedule says and address the rating schedule directly and specifically. Obtaining higher ratings on neck injuries and back injuries can require neurological tests and or long periods of time for bed rest.

There was a veteran on hadit who wrestled with the bedrest issue. He got letters from his doctor saying that he had been placed on bedrest in excess of six weeks during the last year. A DRO challenged the doctors assessment. The DRO wanted a more detailed explanation of the bedrest. The DRO told the veteran that he did not believe that he went an entire six-week period without getting out of bed. The DRO claim to that his definition of bedrest was a requirement that you could not get out of bed at all. This DRO could be an idiot. The problem is that his decision to delay the claim or worse yet someone at the BVA might agree with them.

I have read one BVA case where the bedrest requirement was a slamdunk. The bedrest was determined by the number of days in which the bedrest made it impossible for the person to go to work. The individual kept a daily log for a period of one year which recorded the days he was unable to go to work because he was resting in bed. This veteran was awarded an increase in disability based on the bedrest issue. Wouldn't you know it the disabled veteran was a Dr. at a VA hospital. He prescribed himself the bedrest and was smart enough to keep a log. They probably learned this after listening to veterans complain that they could not win this issue. In any event check into the neurological and bedrest requirements for an increased rating. If you read the rating schedule I'm sure you'll see that each rating is inclusive of a presumed amount of bedrest. I know I've seen this in the BVA decisions.

Thank you very much, I really appreciate all of the advice I have received on this site. I am ready for a long battle and will never give up. This site has given me the extra power I need to stand and fight. For that I really thank everyone who has helped me.

Masters

[LarryJ]

Thank you very much, I really appreciate all of the advice I have received on this site. I am ready for a long battle and will never give up. This site has given me the extra power I need to stand and fight. For that I really thank everyone who has helped me.

Masters

If you have all your shit together, and I do believe that you do, then the fight should not be that long. Having said that, I do, sometimes, forget that we're dealing with the VA :D !

[Pete53]

When I applied for SSD and VA Disability after a little over four months I almost forgot who I was dealing with. Social Security was nice, they helped me and they were fair.

And than I learned about the VA. When you file a claim with VA no matter what anyone tells you consider yourself at War and until they award your claim and pay you you are still at war. Anything you say or do can be used against you. Get copies of your Medical Records you will be surprised to learn how much was done for you without your knowledge or consent. It is actually a mistake if you dress up to go to VA appointments.

I have hopes that the VA is going to get better. I have had some very pleasant surprises lately and hopefully more to come.When asked a question pay special attention as to how you answer your compensation may be on your response.

Those that know me may or may not vouch that for the most part I am an optimist but I am also a realist when dealing with an organization that does not treat Veterans fairly. I never have been able to understand why it is like that but it is.

Good Luck