Backpay

[cannoncocker]

I received a letter from my DAV REP from Winston-Salem, who is the best I have ever had, seems to be on my claim before the VA is!

It stated two main findigs, started at 60% disability and 20% For Lumbar Strain with pain down legs. That 20% resulted in no increase in Disability Compensation, due to VA Computation.

1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010).

2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued.

That effective increases my disability to 70% and denies any back pay which I have been doing battle over this since April 2008.

Since I know now that this could not be possibly be budget related. Could some knowledgable person post the reasoning for this effective date of April 19, 2010?

Radicular pain pattern left leg; sensory has been established and claimed since 2008 and 2006 MRI's which shows exactly the pinched S1 at L5, Multiple VA Neurrology consults which found Radicular pain pattern left leg and sensory loss. They offered Epidural injections and surgery which I declined. IMO Chronic radiculopathy...2009 about July 2009.

A DAV Rep submitted a Layperson claim for me, stating Low Back Pain. Do I need a degree in medicine to submit a claim but all of the sypmtoms were noted to VA and IMO personell at the same time as Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs and Radicular pain pattern left leg; sensory.

I need an opinion, as this was sent by the DAV REP, was this just run up the flag Pole to see if it would fly since nothing has been received from the VA. Should I just take the 70% and go crawl in a hole or fight this on to whatever end this leads?

Time for a lawyer and offer the 6000.00 just to fight it?

Keep on the DAV Rep since he for some reason knows weeks before the VA does before they do.

PS Still resisting IVDS diagnosis and staying with strain even though they write IVDS in their diagnosis. What is that?

Edited May 13, 2010 by cannoncocker

[deltaj]

I received a letter from my DAV REP from Winston-Salem, who is the best I have ever had, seems to be on my claim before the VA is!

It stated two main findigs, started at 60% disability and 20% For Lumbar Strain with pain down legs. That 20% resulted in no increase in Disability Compensation, due to VA Computation.

1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010).

2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued.

That effective increases my disability to 70% and denies any back pay which I have been doing battle over this since April 2008.

Since I know now that this could not be possibly be budget related. Could some knowledgable person post the reasoning for this effective date of April 19, 2010?

Radicular pain pattern left leg; sensory has been established and claimed since 2008 and 2006 MRI's which shows exactly the pinched S1 at L5, Multiple VA Neurrology consults which found Radicular pain pattern left leg and sensory loss. They offered Epidural injections and surgery which I declined. IMO Chronic radiculopathy...2009 about July 2009.

A DAV Rep submitted a Layperson claim for me, stating Low Back Pain. Do I need a degree in medicine to submit a claim but all of the sypmtoms were noted to VA and IMO personell at the same time as Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs and Radicular pain pattern left leg; sensory.

I need an opinion, as this was sent by the DAV REP, was this just run up the flag Pole to see if it would fly since nothing has been received from the VA. Should I just take the 70% and go crawl in a hole or fight this on to whatever end this leads?

Time for a lawyer and offer the 6000.00 just to fight it?

Keep on the DAV Rep since he for some reason knows weeks before the VA does before they do.

PS Still resisting IVDS diagnosis and staying with strain even though they write IVDS in their diagnosis. What is that?

IVDS is probably Intervertebral Disc Syndrome. I found some interesting material on rating IVDS by searching online under IVDS AND veteran.

[cannoncocker]

IVDS is probably Intervertebral Disc Syndrome. I found some interesting material on rating IVDS by searching online under IVDS AND veteran.

Thanks deltaj for doing that research and I hope it will help you too! My evexperience , and let me make this clear, this is only my experience and I have had to burn many bridges to get my back problems approve. The W-S VA ahs taken this claim personally and we are at adverserial positions. so yes if you look at my MRI, read the Radiology Reprorts, and review the VA Neurology consult from 200, and review the IME by a Spinal Surgeon and any reasonsonable person would conclude IVDS. But they elect Lumbar Strain to keep the rating to a minimum.

For example:"2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued" qoutes IVDS in the assessment but still use diagnostic code for Lumbar Strain.

They split the diagnosis into 2 parts: 1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010 (QTC Eam was on 19 April 2010). That would be specifically to deny the back pay. Who do you tell that to that cares or that could do anything about it.

Radicular pain pattern left leg; sensory loss has been documented since 2006 but who do tyou go tell that to? Certainly the VA does not care. DAV is evidently incapable of doing anything about it and or do not care. The only out is give the bqa ck pay in its entirety to a lawyer in W-S to keep the rater from getting a paqt on the back for betting me out of 6000 back pay.

Hope yo don't run into this. Also skip the parrt about the DAV being helpful, he is in bed with the VA just like the rest of them.

PS They would prefer to push this on to the BVA to be rid of it rather than be beat over the head by a lawyer with the illegal actions thay have taken.

Edited May 15, 2010 by cannoncocker

[cannoncocker]

This will end this thread but there is a message for some. I got my increase from 60 to 70 percent and got my back SC'ed and spit into a 2 part diagnosis, which they included IVDS as part of the cause, which was for the purpose of denying any back pay, which is ridiculous if you had the records, but I did get what I got, not by a pack of VSO's in bed with the VA, but through my own efforts and the knowledge gained here.

I was fool enough to believe the DAV VSO stephen lindsey at the winston /salem office told me he had sent a memo to the VA and had it handled since it was a clear mistake. Well, can you say liar? He did squat and I wouldn't have won the DRO if I had gone political on him, and knowing a bureaucrat knows if nothing else to keep his head down, so the decision was made to toss me a bone and deny me the backpay as retribution.

He plays a good game but make no mistake he will sell you out. Off to Florida as a change of venue might help.

But the sad thing about a wrong which can be clearly outlined which I faxed...... in the end there is zip youi can do about it without waiting years at the BVA, where I could and would win.

Do have a question, if I nod this does it go directly to the BVA? And does it vacate the decision and start from the beginning with trying to get the back SC'ed again, or just about the backpay?

Good old steve sure won't give an honest answer.

Edited May 16, 2010 by cannoncocker

[SLEDGE]

Go for it!

If it's legally yours, go for it.

I'm a life member of the DAV and I fired them 10 years ago.

sledge

[cannoncocker]

I swore off thi this thread but you took the time to throw in your 2 cents worth and I happen to agree with you 100%. Off course, so no use in the multiple mine is great posts, but the fact is if you ask and study you are by far the best advocate you can buy, minus a lawyer, and that is by no means a sure fire bet. The info I got here and the folks that spread the wisdom raised me from 60 to 70% and got a bad back SC'ed when multiple posts here said if I got SC'ed for my back then every 13B would be elegible. Fact is that is that is pretty much the truth:

1. Service connection for Radicular pain pattern left leg; sensory is granted with an evaluation of 10% effective April 19, 2010.

2. Evaluation of Lumbar Strain with L5-S1 herniated disc and IVDS involving sciatic nerve; previously claimed as lumbar strain with radiating pain through buttocks and down legs, which is currently 20% disabling, is continued.

The DAV and DRO had already had their plan to push me throught the system with a smile on their face and a denial on the other end. I contacted every politician in sight and a bureaucrat would first and foremost seek survival and that generally means keep your head down, but retrubution is definitely in their vocabulary. So together they decided to grant the SC, after telling me I would be denied, then laater he sent a ltr pre VA that said I would be granted but no backpay, keep your evidence for someone that cares. DAV Lindsey told me it was a mistake, since it was so obvious and that he sent a memo to the VA and got it straight. DAV Rep Stephen Lindsey in fact did not tell me the truth nor did he explain, so I guess that makes him a liar.

I am a life DAV, which I took that card out of my billfold a placed it in the proper place, the trash can. I was for them, against them, for the.... ultimately do your own research and ask questions here. No, you will not get every question answered but find another source you can trust as a back up. That way you can avoid a smiling face liying to you while doing the tango with the VA.

SLEDGE, you don't know me but thanks and be assured I will not let this stand unless the SC'ed back is at risk, in which case I will try unemployability, raise existing disabilitites.In other words this will not go without a fight.

I do wish someone could tell me if I nod this does it jeprodize the back SC.

For other 13B's show the MRI's, IME, VA Neurology., Do not believe your VSO, believe the law and yourself.Lifting Equation explains the weights they had you lifting for years gurantees you a bad back! Can you say repetitive heavy lifting! I am sure I will be shot at sunrise for saying this but hey, the truth will out.

Good luck GI's

PS an example is a post showing a gi got sc from a munji, so I am gathering my all my Service Records to make sure there are no false positive even tough I do not even remember taking a test but hey that was a long time. I am sure that it is destined to the BVA but I have the time an right on my side

Edited May 16, 2010 by cannoncocker

[Pete53]

Cannon:

NOD it by all means after you have your money of course. We all have that right.

Good Luck