tdiu 80% Nevada Vet Seeks Advice

[Marlonallgood]

I am a 29 year old Las Vegas resident who was honorably discharged from the Army in 2002. I was granted 60% for my back and various 10% for my head,feet,depression. I have been working in an office position for the last 8 years. The pain I experince daily at work I've been able to cope with until the last 1-2 years. I have been experincing severe pain and numbness throughout my legs. I have also gone thru terrible episodes of depression when I am unable to perform certain acts that a healthy 29 year old should be able to perform with ease. It kills me to say it but I feel that I'm reaching the point that I may not be able to work anymore without having to live thru the pain that it causes. I wanted to know what kind of Options I have 100%,TDIU,Social Security,etc. I currently make a decent salary and am unsure if I would be able to support my family if I am unable to work. I am not sure if I gave enough info to get the advice I'm seeking but I would appreciate any and all responses. Thank you.

[pacmanx1]

Larry Wait a minute,

You are most likely going to have to provide an IMO (Independent Medical Opinion) stating that the problem(s) you now have are due to the problem(s) you had in the military (known as a "nexus", connecting the "now" with the "past"). IF, and I say "IF", you can get this with your C&P examination, then more the better! You can certainly ASK the C&P examiner for a "nexus" statement.....................IF, and I say "IF", you feel that the C&P examination is "going your way". Otherwise, a negative "nexus" statement can sink your claim!

If the veteran is talking about filing claims for increases He/she does not need a "NEXUS Statement".

The veteran will need progress notes or treatment records that show that his/her already service connected conditions has gotten worst.

Nevada vet, the best way to do this is to make appointments with your doctors and tell them that you feel that your conditions are getting worst and have them treat you. By them treating you will show VA that your conditions are getting worst and you may get your increase in ratings. If you concentrate on the many 10% you have, they could be increased or have the doctor take a look at your depression to see if that has gotten worst. Just don't say anything about claiming disability. They are there to treat your conditions and not decide if you should get an increase in your rating. Of course you have to file the claims with the VARO but being treated and getting an increase are two different things.

Now Larry if a Veteran is talking about new disabilities never claimed then he/she would need a "NEXUS STATEMENT" to get service connection.

As always if I am off someone will correct me.

[Pete53]

Nevada Vet:

You can take the long and scenic route where you do a couple of things and wait and it takes a long time or you can short cut some of the delays.

Its possible to ask for service connection from VA and for them to develop your claim like it is their job and ask for a C&P but it is just as likely with no medical evidence they will deny and you are in a trap.

You can go to VAMC and seek treatment but the key to yours and any other claim is that you have to show a current diagnosis that you can link to your service, you have to show that it has caused you problems after you left service and in most claims provide evidence that shows noty only treatment but a problem.

My claim was a no go till I got an IMO so like Larry I believe that they are important. However, you c an take the hard road and try to have VA help you, Its really your call.

[LarryJ]

If the veteran is talking about filing claims for increases He/she does not need a "NEXUS Statement".

The veteran will need progress notes or treatment records that show that his/her already service connected conditions has gotten worst.

Nevada vet, the best way to do this is to make appointments with your doctors and tell them that you feel that your conditions are getting worst and have them treat you. By them treating you will show VA that your conditions are getting worst and you may get your increase in ratings. If you concentrate on the many 10% you have, they could be increased or have the doctor take a look at your depression to see if that has gotten worst. Just don't say anything about claiming disability. They are there to treat your conditions and not decide if you should get an increase in your rating. Of course you have to file the claims with the VARO but being treated and getting an increase are two different things.

Now Larry if a Veteran is talking about new disabilities never claimed then he/she would need a "NEXUS STATEMENT" to get service connection.

As always if I am off someone will correct me.

That's correct.................if the disabilities are already service-connected, then, obviously, he does not need Nexi (nexuses)(kinda reminds me of this thing I heard not long ago, "if you own more than one Lexus, then do you own Lexi?".

I guess that I should have re-read this string of posts before I assumed that he was speaking of opening a NEW claim.

Oh well, I just spent almost an hour on the 'phone, trying to explain to this veteran that, "NO, the NARA does NOT have ANYthing even remotely relating to your military service." And, YES, my eyes have sorta GLAZED OVER! (not to mention the fact that I really do not appreciate being cussed because I cannot find YOUR records)!

[pacmanx1]

Pete53, you said:

Nevada Vet:

You can take the long and scenic route where you do a couple of things and wait and it takes a long time or you can short cut some of the delays.

Its possible to ask for service connection from VA and for them to develop your claim like it is their job and ask for a C&P but it is just as likely with no medical evidence they will deny and you are in a trap.

You can go to VAMC and seek treatment but the key to yours and any other claim is that you have to show a current diagnosis that you can link to your service, you have to show that it has caused you problems after you left service and in most claims provide evidence that shows noty only treatment but a problem.

My claim was a no go till I got an IMO so like Larry I believe that they are important. However, you c an take the hard road and try to have VA help you, Its really your call.

Hey Pete53, does this really apply to Nevada Vet. It sounds like he/she is interested in filing for increases of already service connected conditions, so why would he/she need an IMO, I understand that an IOM would be needed if the veteran was claiming something that was never claimed before but that was not indicated. If the veteran just wants to put in for increases to already service connected conditions then the veterans does not need an IOM. What the veteran needs is to show that his already service connected disabilities are getting worst by a VA doctor or a civilian doctor it really doesn't matter but VA would need some type of medical document that proves his/her conditions are getting worst.

Would I be able to go thru this process with just my old military records and a new C & P exam or does it look really bad that I havent seen a Dr that often in the last 7 years?

It sounds like the veteran is thinking if he/she request an increase in disabilities and get a new C & P would his military records and his old evidence be enough. But to get an increase the veteran would have to prove his/her conditions are getting worst.

I know if the veteran is referring to a claim or claims never claimed, he/she will need an IMO, hopefully he/she will let us know and you can ignore my post.

Sorry not trying to be confusing, you know me and my drugs, Just trying to make it all clear in my head.

[blackbird]

I am a 29 year old Las Vegas resident who was honorably discharged from the Army in 2002. I was granted 60% for my back and various 10% for my head,feet,depression. I have been working in an office position for the last 8 years. The pain I experince daily at work I've been able to cope with until the last 1-2 years. I have been experincing severe pain and numbness throughout my legs. I have also gone thru terrible episodes of depression when I am unable to perform certain acts that a healthy 29 year old should be able to perform with ease. It kills me to say it but I feel that I'm reaching the point that I may not be able to work anymore without having to live thru the pain that it causes. I wanted to know what kind of Options I have 100%,TDIU,Social Security,etc. I currently make a decent salary and am unsure if I would be able to support my family if I am unable to work. I am not sure if I gave enough info to get the advice I'm seeking but I would appreciate any and all responses. Thank you.

Nevada, I kind of know where you're coming from on appearing to be "healthy" in your late 20s except for a back that is causing you pain every minute of the day. I don't believe there are many people out there that can relate to the emotional and physical pain a bad back can cause, until they have lived it for themselves. I was only a couple years older than you when mine was injured and I can remember that day in October 1995 like it was yesterday because it changed my life forever. I know the feeling of having to step back at Lowes Home Improvement stores and watch my wife and a Lowes employee load something in the truck. At first it really depressed me, but after years of surgeries, not being able to work for the past 10 years you kind of get past that. I've had 9 back surgeries since 1996, so if someone wonders why I step back and let someone else load stuff, I'll be glad to lift up my shirt and show them the railroad tracks on my spine.

After the second surgery in 1998, the surgeon told me I was going to need to come out of work due to the damage to some nerves that were aggravated by walking, standing and sitting. I was stubborn and kept working for 2 more years, taking all the pain meds he would give me. Finally after more test on my back he called me at work and told me I had to quite then and he meant within the hour. It really shook me up but I did what he said. I knew if I didn't he wouldn't support me later. I drew short term disability for 6 months, then long term for 24 more months thru my employer. I filed for SSDI during the first 6 months. Of course I was turned down a couple times, got a lawyer and won in court, easily. The judge even told me that she was about to do something she has never done in court before and that was to tell a claimant that they had won before they left the courtroom.

It sounds like you have jumped one hurtle already which is getting service connection. The name "Degenerative Disc Disease" by it's own definition means that the condition WILL degenerate over time. That is probably why you are having more pain now than several years back. It is a blow to anyones self esteem to be told they can't work anymore. It was for me since I never knew anything else. But as it turned out there were some positives. When I stopped working my two children were 7 and 2. I have been able to spend alot of quality time with them over the years by being home. They never had to ride a school bus, I was always able to help with homework, take them to appointments, etc. It hasn't been all bad. You can get thru this. You will need to start seeing the doctor about your back. Just as some of the others have said, it doesn't look promising to try for TDIU when you aren't seeing a doctor. Your condition has likely gotten to the point that you need to be seeing one. It's just a bridge that you must cross at this point. He should be able to tie it all together and help you with the IMO (independent medical opinion) that you will need.

I'm sorry this has gotten long, but your situation kind of mirrors mine. Hope some of this helps!

Love Vegas by the way.

Blackbird

[Pete53]

Sorry I misread the thread you are correct once you are service connected your really don't need a Medical Opinion unless its needed to refute a bad C&P.