Denied Tdui And/or 100 % And I Am Almost Crippled!

[1lonewolf]

I got hurt while serving during the Gulf War. They performed reconstructive surgery on both of my Feet(screwed them Together) This has caused me allot of pain and an abnormal gait for all these years. Now I have misalignement and degenerative arthritis in both hips which also catch and pop out every so often. I also have Degenerative Disc Disease, Degenerative Arthritis, 5 bulging discs, a pinch sciatic nerve, and facet syndrome in my lower back. I never went to the VA for treatment for over 19 years other than in 1997 when one of my feet broke and they had to redo it. When My hips and back finally got so bad I could not manage it anymore with over the counter Motrin (Which also caused me to have Barrett's Espophagus). I started going to the VA again. All of my doctors from Podiatry to Ortho said the same thing. That my hips and my back were in the shape they are because of my abnormal gait all these years because I walk on my heels and the sides of my feet for obvious reasons. I am in constant pain and they have prescribed my morphine 60 mg a day and hyrdrocodone 10s 4 times a day. I have to go every 6 months for nerve burns in all five lower vertebra. I also take sleeping pills prescribed by them. I was told by all my doctors that this would only get worse with age and I am only 40 and can barely move now. There was however one very brash and rude older female doctor in Ortho who has always had an overall demeanor with me that my conditions are not related to walking on my heels and my abnormal gate. This is the same doctor who pushed bruised on me and sent my to Physical Therapy before she even knew what was wrong with my back or hips. She is also the Doctor who showed up to perform my C and P examination btw! I knew when I saw her that This was a waiste of my time and what she would do for my claim. Keep in mind that I was granted 10 percent for my right hip last Jan for Degenerative Arthritis and popping. This C and P exam was done by another Honest Doctor who followed procedure and code 38 regs. So here I am with the Doctor who treats all Vets like animals about to do a C and P exam on my back and left hip. She pulled the muscles in my right ribs during trunk rotation by grabbing my arm and extending me and she forced me to squat when I cannot and I cound not back up. Needless to say when I left I was hurting so bad I had to go home and take some med and lay down for a few hours. I hurt for over a week! I just got my claim back today and Not only was it denied but they took the 10 % away for my right hip. She wrote that my conditions were not related to abnormal gate. Not only that she answered the questions using her own opinion and not medical facts and did not even perform all the tests she was supposed to in accordance with the 38 references. They can do and put whatever they want and put your life on hold. Now I have to appeal. Gait causes all kinds of problems! You can find evidence to the contrary as she has but there is plenty of information all over the internet to prove that. It is common sense. Now here I am appealing because of one doctor who should not even have a job treating Vets they way she is. I feel everyones pain and wear ankle braces and walk on a cane both issued by the VAMC! The letter I got today should have been and would have been 100% if it had not been for her and her plight to disprove and mistreat all Vets she treats or examins! Now my life continues to be on hold thanks to her and I have lost everything and can barely walk. I am mad as hell right now and disgusted. All those years I tried my best to not go to the VA and now here I am almost crippled, in constant pain even with the meds they give me, and alone. I cannot work as I cannot sit, stand, walk, or even lay down for any period of time. I sleep very little even with sleeping pills they gave me, and I am denied and they even took the 10 % they gave me in Jan 09 for my right hip. I welcome any and all replies, support, and even guidance. I am at the end of my rope, have lost everything, and I am a former Executive that is penniless and virtually crippled at 40. I have listed my current conditions below and will start my appeals process Monday. If I could move or walk or sit or do anything I would go back to work but now I cannot!

Pes Planus with Plantar Fasciitis, Bilaterally 10 %

Right Hallux Valgus Post resection 10 %

Lef Hallux Valugus Post resection 10 %

a few other feet conditions and resections that go into the descriptions above.

degenerative Arthritis Right Hip 10 % (taken away and severed as of today by the VA)

degenerative Arthritis Left Hip Denied

Degenerative Disc Disease of spine Denied

5 Bulging Discs Denied

Pinched Sciatic Nerve

[1lonewolf]

OK now my next question is this. I still have about two weeks before my 60 days is up on severing my hip SC. I have my IMO/IME so what are the proper steps now? Write a letter stating I want a reconsidering on my HIP disability before it is severed, On my overall claim? Or should I just contact my DAV rep and let him guide me through this and do what needs to be done for me? Let me know guys. Thanks again. I am almost in Phase 2 thanks to everyone on this Forum! I have faith which I would not have had if not for everyone here. I look forward to everyone's guidance.

[john999]

If you have paperwork put it in the hands of the VA yourself and get date stamped copies and then give copies to your DAV guy. If DAV misplaces your paperwork and request for not severing your hip SC your claim will die. Two weeks is too short a time for screw ups to happen.

[1lonewolf]

I thought that that would be what I needed to do. Just to make sure that I am doing everything I need to do I have listed it below. Please let me know if I have everything covered. Thanks again everyone.

1. Submit a written letter asking for a "reconsideration" based on new medical evidence (The IME/IMO). In that letter ask for a VARO hearing and request that my compensation for my hip not be severed until the hearing takes place.

2. Fill out a new claim based on the IME/IMO for new medical conditions which the VA also requested I put in for a few months ago since it was not part of this claim.

3. Should I fill out the TDUI form that they keep requesting and send it to? MY DAV rep told me not to as I can do that after the claim has been awarded.

4. Send the letter, IMO/IME, New Claim Request, and possibly the TDUI form if I need to do so.

Please let me know if this is everything I need to do based on the current situation. Thanks to everyone for your continued advice.

[1lonewolf]

Letter requesting reconsideration, IME/IMO, and additional conditions letter has been submitted. I will wait to see what they say next. Thanks to everyone who assisted me in my claim efforts. I will keep everyone posted on things as they unfold.

[john999]

Send in TDIU form as well. TDIU would start from the time you apply.

[1lonewolf]

Just when you thought it could not get more convoluted here is my recent update. I have given a quick history of recent events so everyone knows were I am at currently and what I have done recently. As stated below I was denied TDUI/100 % due to a bad evaluation. They VA also stated that they had made a mistake last year when they granted me service connection for my right hip and that they were going to sever that compensation within 60 days. Based on advice received on this forum I followed the path I needed to in response to the bad evaluation and denial/compensation severance. Listed below is what I did and what they responded with. I welcome any and all advice on this current turn of events and I am currently having my DAV rep check into it as well.

1. I obtained an IMO from a reputable Physician.

2. I submitted that IMO before the 60 day deadline for my right hip severance with a letter which stated the following

a. I requested a reconsideration based on new medical evidence (IMO) for overall claim including Back and hips which are clearly covered in the IMO.

b. I requested that my right hip percentage not be severed until a complete review of my claim and new medical evidence be completed

c. I submitted additional conditions which were included in the IMO and requested that they also be considered with this claim as they are related to my overall condition.

VA response was as follows: ( Keep in mind they already stated that they had made a mistake when granting me my right hip S/C last year and based on the bad evaluation, they were going to sever it.)

1. They said that they were working on my claim for my feet? already rated!

2. They also said that they were working on my claim for new conditions ( the conditions I added that were included in the IMO)

3. They also said that they had denied me left hip and back on this claim previously and that I had one year to appeal that decision as I have not submitted any new evidence to refute their decision??

It is obvious to me that they did not read my letter nor did they review my IMO. If they had they would have already known that I submitted new evidence that refuted the bad evaluation entirely. All that I can figure is that they are not truly reviewing the new information I submitted at all. It looks to me like they are just pushing out letters to delay and deprive me of what is obvious and service connected! Has anyone else had this same issue? Were as you submitted an IMO asking for a reconsideration and they totally ignored it without even reviewing it? I wonder if this is some kind of approach they use to get us to give up or something by frustrating us? Is this why the VA is being questioned by congress and senate because 80 % of all VA claims that are denied at the regional office and then granted on appeal or before a board? My DAV rep is currently checking into this to find out what they are doing here. He is also bewildered by this approach as he reviewed, date stamped, and submitted my reconsideration package. Once again a clear cut black and white claim is in limbo. I welcome any/all advice on this issue. This forum is my guiding light and without it I would be lost. I wonder if this has happened to anyone else? What did you do in response? What should I do in response. I will update my post when I hear from my DAV rep on this matter later today. Thanks to everyone in advance who responds and/or provided me guidance/advice.