Shot Down Again By Varo

[dav_marine72]

Again my VARO instead of following the law that states they should try to give us all benefits and pay us the maximum the law allows from our evidence shoots me down again. This time they denied me A&A. Of course this has an element of a judgement call to it so that means they screw me as always.

Even though the law states you do not need to meet all the criteria of A&A but to consider the Veteran's disability as a whole I was shot down. Granted I only rated on the danger to my environment criteria but I've found many awarded under this same element.

Here was my C&P examiner's diagnosis:

Chronic pain secondary to failed L3-S1 fusion requiring increasing doses of narcotics that has resulted in confusion, dizziness, and problems with balance. PT needs 24/7 supervision from his wife because he is at risk of injury to himself, and reports damage to their home as a result of some of the things he has done (leaving the water running, burning the heating pad.) PT reports being homebound because of chronic pain and panic attacks. PT has mod/severe functional impairment as a result of decreased ROM and sunbjective complaints. PT is currently unemployed and his wife takes care of the finances.

My VARO however contended I did not meet all the criteria for A&A.

However the regs clearly state:

It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others.

So stating I don't meet all the criteria is a bunch of crap. I am so tired of fighting these people. Until because I am a Marine I have fought and not blinked an eye. Now with 10 service connections and 9 active appeals, 4 since 2000 I just don't want to fight anymore. Not only have I lost the ability to work sinking my pride lower and lower I now have to be kicked on a regular basis by people I'm sure that think I'm a scammer or something. I'd like them to feel the severe pain 24/7 I do and see the look on their children's faces when you tell them you can't hold them because your back and legs hurt so bad. I just can't take this shit anymore.

[john999]

Appeal!

[dav_marine72]

I shall appeal until I die! Sorry had to vent earlier.

[Berta]

Can you tell us what medical bull crap... ooops I mean- medical rationale they stated and used to deny you SMC with?

What did they say as to the HB award (Housebound) or did they fail to consider HB SMC?

The C & P exam clearly reflects a Housebound award potential.

Did they actually refer to all of your evidence?

"L3-S1 fusion requiring increasing doses of narcotics that has resulted in confusion, dizziness, and problems with balance. PT needs 24/7 supervision..."

I suggest you get some strong internet print outs as to the side affects of the narcotics and ask them to Reconsider their decision (Reconsideration request)

and refer to attach to it anything whatsoever that would help show you do fit into either the A & A or the HB status.

You cant drive -can you?

Did they consider any statements from the wife?

I also suggest you search A & A as well as housebound at the BVA site to see how the VA determines these benefits- and on what type of evidence.

Much HB and A & A evidence can be very subjective but still- this is a statutory benefit and VA should consider all factors before they deny this type of claim.

They want us to walk away when we get denials like this-I say fight this with mopre evidence.

A reconsideration request does not stop the NOD clock however but sometimes will get a faster decision than a formal NOD.

[dav_marine72]

Hey Berta,

Thanks as always. I don't actually have the letter I talked with my SO. He said it just said I did meet all the criteria. They denied me housebound a couple of weeks earlier based on my TDIU award which they say was not just because of my back. They just stated it was from multiple service connections. Meaning my mental (50%) and asthma (30%) which add to 70% can't be considered. My back right now is 40% ortho and 10% neuro. That will be changing whenever my remands from the CAVC get addressed. They are going to have to rate me at least 40% for each leg. I spent 3 years of getting monthly nerve blocks. I always had a through exam done by a civilan who measured my lower extremity muscle groups. All came back unsymmetrical. He was able to tie each one back to the 3 screwed up discs in my back. Excuse me the 3 I used to have before the fusion. He also stated atrophy and muscle wasting of all muscle groups back to 2006.

My surgeon and my civilan PCP have ordered me not to drive because they don't want me killing someone or my self. All my social security paperwork (which the VARO has) shows that I can't leave the house alone, etc. The did not consider the statement from my wife or my mother. My mother stays with me when my wife goes out. My wife testified that I almost burned down the house 3 times and that I created $$$ of damage after leaving a sink running after I washed my hands. I was in so much pain I forgot to turn off the facet. It leaked into the garage below and rotted the sheet rock. I also have problems with dizziness and stability which is documented side effects from oxycontin and oxycodone. I think ativan has this too.

I am definitely appealing and following everyone's advice. I get so frustrated at what seems to be a direct action to give me a little compensation as possible. As in my P&T appeal that is on going. If you remember that is when they gave to me (gave me a copy of the rating with it) and then mailed me one with it dropped. Their excuse was that I would get better down the road.

[jbasser]

Hang in there DAV_MARINE. NOD this one and appeal.

J

[Chuck75]

I'd ask for reconsideration, appeal, and likely get a lawyer involved. It may be that "CUE" can be applied as well.

Hey Berta,

Thanks as always. I don't actually have the letter I talked with my SO. He said it just said I did meet all the criteria. They denied me housebound a couple of weeks earlier based on my TDIU award which they say was not just because of my back. They just stated it was from multiple service connections. Meaning my mental (50%) and asthma (30%) which add to 70% can't be considered. My back right now is 40% ortho and 10% neuro. That will be changing whenever my remands from the CAVC get addressed. They are going to have to rate me at least 40% for each leg. I spent 3 years of getting monthly nerve blocks. I always had a through exam done by a civilan who measured my lower extremity muscle groups. All came back unsymmetrical. He was able to tie each one back to the 3 screwed up discs in my back. Excuse me the 3 I used to have before the fusion. He also stated atrophy and muscle wasting of all muscle groups back to 2006.

My surgeon and my civilan PCP have ordered me not to drive because they don't want me killing someone or my self. All my social security paperwork (which the VARO has) shows that I can't leave the house alone, etc. The did not consider the statement from my wife or my mother. My mother stays with me when my wife goes out. My wife testified that I almost burned down the house 3 times and that I created $$$ of damage after leaving a sink running after I washed my hands. I was in so much pain I forgot to turn off the facet. It leaked into the garage below and rotted the sheet rock. I also have problems with dizziness and stability which is documented side effects from oxycontin and oxycodone. I think ativan has this too.

I am definitely appealing and following everyone's advice. I get so frustrated at what seems to be a direct action to give me a little compensation as possible. As in my P&T appeal that is on going. If you remember that is when they gave to me (gave me a copy of the rating with it) and then mailed me one with it dropped. Their excuse was that I would get better down the road.