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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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pilgrim01

What Is Your Take On This?

Question

I initially filed after retiring in Nov 2008. I received 40% and they denied a "numbness/tingling" claim that I had submitted, one reason was no diagnosis. Three months after retiring I had another episode. My new doctor immediately took X-rays and MRIs. Disc protrusion, nerve root damage, foraminal stenosis, multi-level lumbar conditions, etc was found. This all happended while my initial claim was still being worked at the VA. As soon as I got the denial back (March 2009) about the numbness tingling, I filed a RECONSIDERATION (April 2009). My new doctor wrote a note to the VA that I submitted with my RECONSIDERATION saying that this was "consistent with the numbenss/tingling I have been having since July 2006". Well, the RECONSIDERATION had made it all the way to the Rating Team and they decided to give me another C&P for my back. During the exam, the doctor did a lot of writing. She once asked me after doing the leg strength test if I was right or left handed (because due to this numbness/tingling my left leg is now stronger than my right and I am right handed). Once I told her right handed, she did the test again, then wrote some more notes. I have been on Celebrex and Neurontin for about a year. I was also referred to Physical Therapy which didn't help. I have put off the pain injections for the time being as I am very afraid of needles going into my back. What is your take on my chances? I know the VA is very unpredictable but this waiting is wearing my out.

Edited by pilgrim01

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Did the new doc comp[letel;y associate all this to your established SC disabilty?

Do you have copy of the actual C & P exam results?

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Pilgrim

Welcome to the Department of Veterans Affairs. Their "MO" is to wear you out and get you to give up on your claim by complicating things that should be simple. One such "complication" is that you filed for a MFR, which they have apparently either blown off or delayed. You probably should have filed a NOD in addition to your MFR, within one year of your RO decision. You see, by manipulating you, you think they are processing the MFR when probably the VA executives are vacationing in the Grand Caymen Islands with their bonus money they got for "timely" processing your claim.

My advice is to not hold your breath waiting on them to act on your MFR. The VA even has special words when they screw up. One of them is "deemed denied", when the VA screws up and forgets part of your claims. I have caught them shredding my appeals, NOD's, etc, so it is not a stretch for them also to shred your MFR at any time. So, continue your appeal..send in an IRIS email (those are hard to fit into the shredder...I can see it now...they stick the computer into the shredder and wonders why it jams.) You need to file a NOD if its not too late, if it is, file a Cue claim.

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Thanks for replying. No, my one year mark is March 16th.

Berta,

Yes, my new doctor wrote a letter that was submitted with my Reconsideration that stated the current condition was consistent with numbness/tingling I have been having since July 2006. She also said the the current condition were not found previoulsy because there were no X-rays/MRIs done. She then left all her information for them to call her with any questions. She is a doctor on a military installation. No, I don't have a copy of the C&P exam results.

Broncovet,

I don't think they blew it off because I send atleast 1 - 2 IRIS questions each month. I have watched it progress with their responses on e-mail (which I have kept). :-) Remember, it had made it all the way to the Rating Team and then they sent me on another C&P. Maybe because my current C&P was done in October 2008 and they wanted some updated results?

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Thanks for replying. No, my one year mark is March 16th.

Berta,

Yes, my new doctor wrote a letter that was submitted with my Reconsideration that stated the current condition was consistent with numbness/tingling I have been having since July 2006. She also said the the current condition were not found previoulsy because there were no X-rays/MRIs done. She then left all her information for them to call her with any questions. She is a doctor on a military installation. No, I don't have a copy of the C&P exam results.

Broncovet,

I don't think they blew it off because I send at least 1 - 2 IRIS questions each month. I have watched it progress with their responses on e-mail (which I have kept). :-) Remember, it had made it all the way to the Rating Team and then they sent me on another C&P. Maybe because my current C&P was done in October 2008 and they wanted some updated results?

You really want to see that C&P exam. Mine was so badly and utterly falsified my rebuttal was 30 pages long (copies from my records disproving the many lies they wrote.) And I am not just talking minor indiscretions- At my exam I was wearing special shoe inserts that were authorized by VA, I asked the examiner if she wanted to see them and she said no- that's because she was writing that I didn't have any. She said my shoes had no abnormal wear when they did, as do two other pair there are 8x10 photos of in my claim file. They said a statement from my doctor in my medical records was "actually made by a student physician's assistant and erroneously perpetuated throughout the record." They said I had "antalgic gait." That must have been a slip because they"corrected" it in the summary where they wrote my gait was "steady and even." They said X-ray reports didn't say things they in fact did.... And the list goes on- and on and--- You can imagine how much more that it took me dozens of pages to rebut. And there were two exams like that. They went so far as to say it "was not medically possible" that bad knees and back could be the result of combined effects of flat feet and ankle injury.

Oh yeah.

You want- you need- to see what's in that C&P report!

You should be able to get a copy from the examining facility (VAMC?) release of information office. If the exam was done by an outside provider, you'll have to get it from your VARO.

And if I recall correctly, my file was with the "rating team" for about 2 years. They just kept passing it from one rater to another. They moved it about every 90 days I think it was.

Edited by Jayg

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Did the new doc completely associate all this to your established SC disability?

Every cl;aim needs that medical nexus statement to associate as due to or aggravated by an established SC condition or due to something in service that caused it.

Without a valid nexus statement with a medical rationale to support it- any opinion whether from VA doc or private IMO doc -is useless.

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