tdiu Welcome Worn Out At Varo

[dav_marine72]

Sorry in advance for spelling I can't cut and past in this forum. Many people state the VA is out to get them and people think they are nuts. I am a realist and know the VA seems to be for the most part againist all of us. I have worn out my welcome at my VARO. I am seriously considering moving to another state because of the BS.

I do admit at times they have given me some good things. Then again my evidence is so strong I guess they need to make it look like they are not totally againist me. Here is the latest:

In March of 2009 after a failed 3 level fusion in my back I recieved TDIU. One would say finally! Believe me I understand that getting TDIU was a blessing and I'd be screwed without it because I can't work. Always strings attached with me. The VARO rated me P&T and gave me total + 60% based on the fact I have 10 service connections (I'm 90% by schedule) and I worked until I just could not sit or stand for the day anymore. My service officer calls me with the news. I was overjoyed. Not only did I finally not have to appeal something I was getting an extra $300 or so and of course medical for my wife and small children. I feel guilty all the time because I feel like I'm not a real dad or husband based on all I can't do.

Here comes the kicker. I finally recieve the true paperwork on my decision. No P&T, no SMC (s). I call my SO and ask him what is going on. He looks at his paperwork and says it shows P&T and SMC (s). He says let me go up and talk to the VARO manager. The VARO manager tells him after the rating board reviewed my case they decided my 13 year two failed surgery back could possibly get better so they took away P&T and I don't rate SMC because I am TDIU and not a single 100%. Then my SO says he has had this back injury for 13 years, he done over 10 nerve blocks, he has muscle wasting and atrophy of all the muscle groups in his legs, he has had two surgeries that failed including the latest L3-S1 fusion, he is rated 50% for mental and 30% for asthma in addtiona to the 50% back and all the other service connections. My SO says well we are going to appeal this. The DRO (sorry it was a DRO not a manager) tells my SO I'm going to have to deny it because I have to deal with the raters everyday. If I rate againist them there will be trouble.

So I appeal anyway and ask for P&T and an explanation of why they cannot award it if they deny me again, I ask for A&A because of all the drugs I am on and the problems they cause, I also ask for SMC (s) back (terminated after the temp 100% for the surgery) based on the CAVC's decision in Bradley vs Peake which stated if a Veteran has TDIU and a service connection can cause TDIU (my back) and has other service connections totaling 60% or more and are seperate and distinct from the TDIU aliment (mental and asthma 50% + 30%). So I submit all my evidence and get scheduled for an A&A exam. The results were suprising favorable. The APRN stating that I needed 24/7 supervision from my wife to protect me from the hazards of my environment based on extremly large doses of narcartics and tranqilizers. She also stated that the Veteran is housebound and only leaves the hosue for medical appointments based on his severe pain and panic attacks. She further went on to say that my back caused moderate to severe functional impairment (my TDIU exam in 2009 stated mild to moderate impairment).

Seems like a lock for A&A and SMC (s). I get my decision yesterday. It did not address P&T at all. It just regeritated my temp 100% rating for my surgery. It denied my SMC (s) stating my TDIU was based on multiple service connections. I guess they never heard of bradley vs peake or took the time to look it up after I pointed them to it. The biggest hit of all was they did not address my filing for A&A. The A&A exam / housebound stated right in it I needed 24/7 supervision.

I believe I have worn out my welcome at my VARO. I have gone from 10% in 96 to 90% in 2008 and then TDIU in 2009. I appeal items that I feel based on VA law that I deserve. I was told several times by VARO employees that my case file is so big no one wants to work on it.

Now the final kicker. I have had 4 SCs on appeal since 2000. An intial 20% rating for my back, a 10% rating for a broken right foot with Pes Cavus and ankle equinus, a broken left foot with Pes Cavus and ankle equinus, and a 0% chronic right testicle pain. These issue took 7 years to leave the VARO before going to the BVA. The BVA ignored a ton of evidence and denied me on all issues, although they did give me 10% for lower extremity weakness from my back which is in both legs. At minimum they could have given me 10% for each as they are supposed to. Then finally in December 2009 I get a joint remand at the CAVC on all issues stating my exams were inadaute and they buried a ton of evidence that was never considered. So my file makes it back to the VARO in Feburary and guess what? There are instructions in my folder to do something but since the VARO hasn't even opened my folder (straight out of a reps mouth in person at the VARO) I have no idea where my case stands.

Now my newest denials will head to the BVA where I'm sure they will be denied. My wife hopes I live long enough to collect the back pay.

[john999]

Get a lawyer!

[Pete53]

I believe that some VARO's have a crap list and if they put you on it there is almost nothing that can be done besides appeal to the BVA to fix it.

John is right get a Lawyer.

[cannoncocker]

Waco is not the only VARO to have a hit list. The DAV Rep I have been dealing with in a rare moment of candor stated the VA obstructs justice to wait you out and that often a lawyer is the only option you have. I will be getting one in 3 weeks after the last ditch attempt to rectify the problem does not work. It is just unacceptable that those in a position to know will come out and say what we all know, but who can tell you that anything will be done about it much less give a $"]!@#$[/]#.

So sorry you have to fight the same battle so many have fought before, but it looks like nothing will change because there is no impetuous for change. I wish there were an answer but I can see none. They are compelled to save money, which by definition means deny you your rights.

I hope you win in the long run. 7 years is not acceptable in any language! They will in all likelihood fight the back pay, not to be negative and I pray for you that the !@!#@#@ won't but they did me and the fight goes on. My DAV Rep say he is talking to the VARO manger, which I presume the baseball season, certainly not my case.

Bight the bullet, you have plenty of backpay coming to make it worth any lawyers time to get involved. I would find one in the vicinity of the appeal/hearings.

Edited May 19, 2010 by cannoncocker

[Berta]

You bet- I was on the Buff VARO crap list since 1995-the BVA award I got proved that.

Then again I did drop a few dimes on them with the IG and Sec Shenseki.

And had to ask them to CUE their ridiculous version of my BVA award letter 3 times and get the OGC involved in the retro.Award for direct SC death was April 2009.

They wthheld the money until this past March or April. It was deliberate.

BVA doesnt play the RO game but the BVA gets stuck with the ramifications of it.

These vets are right go to the BVA and do t will a lawyer holding your POA.

BTW -Bradley V Peake- great that you used this CAVC decision but I dont understand how they interpreted it and still denied the claim.

Can you tell us their exact wording?

Had your rep ever heard of Bradley before you raised that issue?

[dav_marine72]

Thanks for everyone's posts.

Berta - My rep had never heard of it. I found it on my own.

They gave me a one sentence wording: Your grant of IU was based was based on multiple service connected disabilities and therefore does not qualify as a "single 100%" disability.

[dav_marine72]

Hey Berta,

I'm looking at BVA cases from 2009 and they are shooting down every Veteran asking for SMC (s) saying they don't have a single 100% disability as the RO did to me.

Looks like it might need to go to the CACV to be resolved.