Sent My Appeal To Wash Dc

[Done wit this]

B) Update

My appeal for an EED for the 30% on my rt shoulder was sent to Wash DC end of 2009.

Going for another surgery on the right shoulder Jan 28th .one year after the left shoulder being done.

I did not get the IU I was denied . no big surprise thats why I got 50% vs 60%.

I can-not work though because of my SC injuries .. In for more fighting.. No surprise..

So I sit unable to do much .. surgery the 28th maybe it will work and I can go back to work.

Happy New year---- Everyone

Macool

[Done wit this]

I waited 14 years for my Service connection. 7 would have been easy. thats the way the VA plays the game.

Macool

[Done wit this]

I am stll alive .. I Have another surgery the 22nd of june on the right shoulder. I was thinking of all the people here. wanted to say hello...

God bless you all................................Macool

[Berta]

Is the right shoulder SCed yet? You could be eligible for Temp convalescence.

Rick if you can possibly get a doctor to state that your SC disabilities prevent you from working- it doesn't matter what % they are at now- the VA could still award you TDIU.

In that type of IMO Independent medical opinion the IMO doctor could raise things like the side affects of your SC meds,and any other contribting factor that stems from the SC disbilties that would prevent substantial employment.

."I have not officially on paper appealed the I.U decision yet. The statement of the I.U. Case said that at 50% and no single SC disabuility at 40% or higher the I.U . is denied. can't argue that..its in the regs"

My husband went from 30% to 100%. The regs can be manipulated with clear cut medical evidence of total SC disability.Wre they quoting 4.16 38 USC?

Unfortunately these days that usually always depends on either having an SSA award for the same SC condition and/or an IMO that contains a full medical rationale as to how the SC prevents the veteran from working.

[Berta]

PS and this is also why a vet should apply for any secondary condition whatsoever that could stem from their main SC disability.

Any vet who has a physical disability can more then likely begin to suffer from depression directly due to the disability.

Or the meds they take for the SC can have side affects so profond that the manifestations of the meds would have to be considered.

Say a vet has physical SC disabilty requiring a med that causes sleeplessness.Say the vet has documentation from her employer showing she often oversleeps and comes to work late as the med prevents her from a normal sleep pattern.Her performnce appraisals reveal she has had problems learning some aspects of the job because she is always tired,due to the side affects of the SC meds.

This would be a factor they would have to consider if she applied for TDIU.

Also if Voc Rehab ever tells a vet that their SC prevents them from getting into the Voc Rehab program and Voc Rehab documents that-this is ample proof of unemployability.

What gets me and I saw this with my husband and the other PTSD vets who worked with him at the local VAMC-is that the more they try to work, the worse their disability can become.

Fight the TDIU denial with anything you can use.

The best thing these days because the VA has become so adversarial-is to get an IMO from a Voc Rehab expert that hopefully would award TDIU.

Edited June 9, 2010 by Berta

[Done wit this]

Berta, Hi

You asked if the right side was Service connected ...Yes. it is. The meds they have me on do make me rather sleepy but I have no choice but to use them. and I am totally against it. I hate them.Depression comes with the rest of this ,I am only a normal Guy with a large family, it takes away from who I was. and I know it. Hate accepting that fact. But to get the VA to do anything is a fight. U know that. I am so tierd of fighting the VA.That depresses me to.I never in My life thought I would be a bitter Veteran. and thats what I am.. I can't work I have not since 2006.. But SSA and The VA don't give a crap. I just don't know what to do and I think it will be a long time before they Give me My SSA or Unemployability. DC will be years before I here anything..

Lost and sick of fighting

Macool

[john999]

I would ask for a referral to a VA shrink and start getting treated for chronic pain syndrome and depression. I would also file the IU form if I could not work even if I was 10%. If you can't work due to SC disabilites you are entitled to IU. 4.16b. If you convince them you cannot work due to SC they will probably bump you up to a rate that they can live with and grant IU. This is how they get around granting extra schedular.