lumbosacral Decision Made On Incomplete Claim

[katzpaws]

Presently rated 20% Lumbosacral strain with osteoarthritis. 2008 attempted to increase rating/become eligible for individual unemployability. The RO ignored everything I submitted and decided my rating would remain as before as there has not been any loss of ROM in lumbar area. Requested reconsideration based on pain evaluation over 30 years and additional health problems from the meds to treat SC problem. They acknowledged receipt of claim, not listing specific items as I submitted them. I sent back the VCAA requesting 90 day delay. In same package I requested copy of C-File. They sent back letter saying they would send them. Instead of sending me the information I needed for an IMO, RO processed the incomplete claim again and sent my decision dated 12/1.

Plan this time was to develop entire package, have IMO (which I never was advised to do 20 yrs ago) and submit everything as complete packet to new NSO I contacted. Since same VA person at RO seems determined to prove how inapt they can be at my expense, handling my file, does anyone of you more experienced claims wizards know what I can take as my next step here to salvage my claim?

[sharon]

If the 12/1 is of this year you can file a notice of disagreement. Also send another request for a copy of your C-file.

[katzpaws]

Thanks, will get that out tomorrow.

[Berta]

"Since same VA person at RO seems determined to prove how inapt they can be at my expense, handling my file, does anyone of you more experienced claims wizards know what I can take as my next step here to salvage my claim?"

Sounds like employees I deal with at Buffalo VARO-I am so fed up I am sending my erroneous award letters to the IG. Sec Shinseki has them by now.

I suggest before filing the NOD- try to get support from your Service office and ask the VARO to call a CUE on their recent decision and tell them why it is wrong.

What VARO is this -I might have some desk phone numbers for the VSM etc.

WHat did they say about the TDIU claim?

Did you formally apply on a 21-8940?

Do you receive SSA disability for these same conditions?

Has any doctor stated you are unemployable?

Did the VCAA letter tell you to obtain an IMO?

Did they fully honor your request for more time?

[katzpaws]

WHat did they say about the TDIU claim?

Did you formally apply on a 21-8940?

Thanks, will request a CUE. This is the Roanoke Office, I live just outside of DC and it would be easier to get things done here but under Virginia. Just finishing rehab for neck fusion done in early spring and still only driving short distances, makes a long drive down to them almost impossible since only driving less busy local streets. Going through process of SSA disability. There are other areas such as the neck which aren't SC but prevent me from passing physical to work in hospital as nurse and was not successful working hours/conditions required in nonhospital setting.

Neurologist-VA prior to neck surgery had told me to stay home if I could and when I saw him in August after surgery discharged me he wasn't anxious to release me to work-told me to see how I felt after I was finished PT since still having major problems with Left arm/shoulder.

TDIU was denied because they confined review to lumbar strain only. The decision for that stated there was no significant change ROM-lumbar strain remains at 20%. VCAA letter didn't mention an IMO. It relisted needing statements from past employers, sent forms to have medical records sent to them, etc. Everything we had done in 2008 which was ignored and the only data they reviewed was old lumbar data and did C&P exam in which doctor told me I did have problems which could probably be related back to lumbar area but she was only told to evaluate for ROM and there wasn't enough significant change. There has always been a lack of agreement by VA on whether my herniated discs with eventual surgery should have been rated as a worsening of SC condition. Review board kept remanding this back to New Orleans and they stood fast. This was the 80's, requested help from County VA Rep and was told I was taking money away from fighting man. Wrote my case up myself and was assigned to American Legion. Was given the view that they were only there to respond to any questions board might want me to answer. With this history and now having other issues from being on meds for 30 yrs, am having other problems now caused from meds. PCP I saw in Baltimore after surgery told me that it didn't appear that anyone addressed my back pain getting worse and that if they had I would probably be rated at least 50% if not more-she felt that 20% didn't reflect what she was observing. Of course she spoke off the record, none of this was in record when I received Baltimore's files.

Claim was sent to West Virginia with date of December 1st. Am assuming they waited 90 days but with backlog it was probably sent before. I tried calling but was told no noe could answer my questions because my file wasn't in Roanoke.

[Berta]

It would not hurt to ask them to CUE themselves and tell them why their decision was erroneous.

"Neurologist-VA prior to neck surgery had told me to stay home if I could and when I saw him in August after surgery discharged me he wasn't anxious to release me to work-told me to see how I felt after I was finished PT since still having major problems with Left arm/shoulder."

You could be eligible for temporary convalescence compensation.Those regs are here under a search.

"PCP I saw in Baltimore after surgery told me that it didn't appear that anyone addressed my back pain getting worse and that if they had I would probably be rated at least 50% if not more-she felt that 20% didn't reflect what she was observing. Of course she spoke off the record, "

Seems you have the medical agreements for a higher rating but not the documentation---- do you have copies of all med recs and your C file?

Roanoke

William "Nick" Nicholas Director

1-540-857-2100

Fax 1-540-857-2734

Huntngton W VA

Zita Commons Director

1-304-399-9340

Fax 1-304-529-5776

Roanoke Management

Dave SVirsky VSCM 1-540-957-2563

Mike Kirk AVSCM 1-540-857-2436

Laura Kuerzi Rogers AVSCM 1-540-827-2430

Lyn Cahoon AVSMC 1-540-857-2434

Huntington Management

Joseph Beaudopin VSCM 1-304-399-9216

Laura Finlay AVSCM 1-304-399-9274

All numbers as if July 2009 but subject to change

[Commander Bob]

From what you have posted, your VARO will just waste more of your time... File a NOD and request a BVA hearing. You will have plenty of time to prepare.

Good Luck