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

[cannoncocker]

You and the other member here are exactly why I have gone from o to 70 in 2.5 years with absolutely no help from the so called VSO's who are in the business in theory to help a vet, rather than take his responsibility as much as flipping burgers. Nod it is, but I have , or in the process of moving to the "Red Neck Riviera" where we will call it a day minus the traveling bit, but just gonna cut back on the globle trotting some. We have a 3 bedroom/2bath that I restored myself, in healthier days, on 60 acres. We are mucho lquid and for my part a lawyer van have the 6000 bucks, I just do not want the VA with it. Never thought I would say this but at least you know where you stand with a lawyer and they do earn their mone3y, which is much more than I can say for stephen lindsey at the DAV winston-salem office. I wouldn't normally call names but if he told you he had it handled plus the quick one he tried to pull at the DRO toy probably would too. In a telecon after I called the dogs on him he asked me "what gave you the idea you would be denied, to which I replied I got my first hint was when you told me I would be denied".

What? Am I six? What a joke. Hope you got a chuckle out of it since in reality I got 99% of what bI want out of it. If you read the SOC and tried to determine why they came up with effective date od 19 April 2010 except for retribution or incompetence, and given the old saying the simplest answer is usually right plus never underestimate the stupidity of your public servants, or is that the othe way around.

Now I think about it let me upload, on dialup, don't have wild Blue yet. Printer problems so it'll be a few minutes.

[cannoncocker]

Attached are the three pertinent SOC documents that denied me backpay by 2 methods:

1. Split diagnosis into two different Lumbar strain, despite the QTC examiner quoted IVDS and large protrusion compressed S1 at L5....

2. Which were diagnosed from 2006 to 2009: 2006 MRI, 2006 Neurology consult, 2007 My VA doctor rendering of a compressed S1 nerve, Meralgia paraesthetica nerve sensoru loss, 2008 MRI. 2008 Neurology consult that noted compressed S1 L5 nerve, calf and outer foot sensory loss, Physical therapy 2009 sensory loss at calf and outer foot, IME not compressed nerve and sensory loss as note before. I could add more but to what end. Nobody in the VA or government gives a ...

Oh yes they denied the back pay sying the diagnosis was not made until their QTC examiner made the split diagnosis. Clever huh?

1.doc

2.doc

3.doc

Edited May 17, 2010 by cannoncocker