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100% Tempoary Unemployabiltity For Sc Surgery

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oldman273

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Hello I am SC for Back problems Nerve damage and recnetly had surgery (implant of nerve stimulator) I was wondering if I did it on a outpatient status I was under no lifting for 3 weeks anything larger than 1 gallon of milk and about 6 more weeks of guarded restrictions. I had this done at a civillian hospital.

I also had this done not to go through the 6 hour surgery that the VA Nuero advised me I could try this instead of having 3 disc replaced and bars, screws and fusion. Well it did not work out like we had planned now I am scheduled for surgery at Charleston in May of this year unless my other civillian Nuero surgeon says it is not wise. Anyone got any ideas if the one surgery would grant my the temporary convo rate for the first surgery? I am 80% now but since my back got worse 2 years ago nothing but denials from the VA to even examine my back. I was told that since I put in for IU and it was denied once to go ahead and get another opinion with a civillian surgeon. I cannot walk without canes as I cannot put any pressure on my back without pain. Any ideas please let me know. I am sick of this pain and the morphine makes me so sleepy I dare not take it and drive a DUI is about all I need right now. Adios..

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I had surgery from a private doctor and was granted 100% convelesance for two months. I'm sure you would be entitled to 100% for the lenght of your recovery as set forth by your provider. Good luck.

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  • Content Curator/HadIt.com Elder

I believe you have to be out for 21 or more days

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The criteria for temporary convalesence and hospitalizations for SC disabilities is avail here under a search.

Also if you search BVA decision they often give key points as to how these types of claim are awarded or denied.

Also are you still within the appeal period on the TDIU denial letter?

If not you could re-open and with a strong IMO the TDIU claim might well succeed.

Make sure for TDIU claim you tell them of the side affects of any meds you take that make employability unfeasible.

Have you applied for SSA disability benefits?

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The criteria for temporary convalesence and hospitalizations for SC disabilities is avail here under a search.

Also if you search BVA decision they often give key points as to how these types of claim are awarded or denied.

Also are you still within the appeal period on the TDIU denial letter?

If not you could re-open and with a strong IMO the TDIU claim might well succeed.

Make sure for TDIU claim you tell them of the side affects of any meds you take that make employability unfeasible.

Have you applied for SSA disability benefits?

Thanks so much for the advice on looking up the regs. Yes I am on SSA but it is not SC it was a Injury at civ job. I have discussed the posibility with Primary care Doctor about switching meds but the VA stands by their Vitamin M (morphine) as their go to for chronic pain. I ahd palnned to bring that issue up about the meds during the meeting with my rep. Thanks so much have a good day

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  • HadIt.com Elder

my ex brother in law had the same surgery I have the same problem and I refused to have the fusion and bars put in, I have L3-S1 are shot my VA doc gives me the other pain candy perocets I haven't driven since 2002 my wife drives me every where between SSD and VA she doesn't need to work anyway she might make my income taxable and we have enough to eat and pay our bills so we are happy that bars and fusion didn't work for Rick my ex brother in law they did his in Augusta Ga the hardware popped and they had to go in and redo the screws, the VA ended up giving him 100% after the BVA appeal he was hurt back in the late 70s in Germany when a tank went off a cliff and he and the other men were left hanging upside down for 18 hours while they got a tank retreiver in to pull it out because of where it was they needed 3 of them to keep it from dropping farther into the canyon......it took him 2 years to get SSD and about 3 to get his VA claim dealt with.....

Edited by Testvet
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I was fused L5-S1 in 2004. Originally got 10% for limited motion of spine. The VA rats never addressed the 100% convalescent rating automatically after receiving the hospital surgical records and surgeon statement that I was not allowed to return to work. Finally, after filing and requesting specifically the conv. rating of 100%, I got it. I missed about 10 weeks work and got two months at 100%. I've seen the VA do the convalescent rating just from the surgical records and I have seen them do the "oh ya, we forgot" and rate you after you request it.

As with me, they make me jump thru the hoop for all and every thing. *My sc % is higher now and I continue to aggressively pursue my appeal back to 2001 concerning my spine. The BVA granted some of what I requested---but the VA rating Bd "low balled" me. Now again pending BVA (yawn). I expect to end up at Vets court or Fed court. I intend to scratch and bite every step of the way.

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