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Denied Because Dav Rep Mistake, Filed Second Round.


I've been out since Jan 03 when I was Med boarded from the AF for my back. I had a tumor removed from my spinal cord l4-l5 in 2001. I had nerve pain in the left side since 1998. After the surgery it helped a little but the pain was still there. Pretty much from the left side of the back at the belt line down to my foot all day spiking and throbbing pain. Insomnia because of the pain and the joy of all the meds I have to take to relieve the pain. Not to mention during the service I had a break down because of all the pain and the constant torment from command NCO's and Officers complaining about my condition thinking I was faking, which was then diagnosed as depression and was in treatment.

I got of of the AF and immediately filed at my VA an thru the years have received the following SC ratings.

70& bi-polar

20% cervical spine,

10% post lumbar laminectomy with tumor resection,

10% for radicular symptoms left lower extremity secondary to status post lumbar laminectomy with tumor resection

0% allergic rhinitis ( can't get them to give me anything even though I suffer an take alergy medicine 365 days a year )

0% residual moles removed on back

So I tried school when I got out as I definitely couldn't do Aircraft Maintenance any longer. I tried for about a year in a half when I started to fail miserably. I took a job that a friend got me as a loss prevention person at a store. Watching store cameras for people stealing. Only problem was that I had a hell of a time staying awake with meds and sitting for long periods was torture but I did it. I was always on the edge of being fired for my lack of performance or my anger. So I knew my time was coming short so I hopped over to another store doing the same thing for about another year. I finally figured something isn't right and went in an saw the Mental health. They figured I was having depression again, but after several months they determined it wasn't depression but bi-polar. Which explained a lot. I worked for Ford for about 8 months doing inspections of vehicle claims an was always on the edge for being angry, or because I was out of work so much for my back or headaches. Seeing that my time was coming short their I found another gig from a friend doing photography business for about a year an a half. By this time my back was hurting more, my right arm was burning on fire which it had while I was in service but they never found anything. My bi-polar was getting worse but I still hung in there. Lots of percocet helped through the days and ever changing bi-poplar medicine. Finally in 2008 I was getting worn down and the economy tanked so they let me go and I haven't had work since.

I never knew about TDIU until shortly after in early 2009 my Mental Health doctor told me to re file my Bi-polar for more as it was at 30% as I had gotten worse in condition. I received a 70% bi-polar rating in Nov 2009. My right arm which had become a burning inferno of pain finally got the diagnosis from a doctor outside the VA because I refused to see the VA doctor again or I was going to throw her out the window if she told me for the 5th time that nothing was wrong with my arm. Come to find out, I had a severe ulnar nerve entrapment in my right arm. I got immediate surgery on it after having this pain for 10 years in December 2009.

That was when I heard about TDIU. So I went to DAV at the clinic and told them I wanted to file for it and for my arm now that I had a surgery and they found what was wrong. So I wait until June 2010 and find out the DAV rep filed for some kind of temporary out of work disability like a workmen's comp for my arm that I just had surgery on. I was PISSED that this jackass screwed up that badly! They denied me saying I hadn't tried voc rehab and that my arm was denied as non-SC. Which I have paperwork for an it is in my records for being sent to a neurologist while I was active duty, but I got med boarded before the nueroligist to see more more than a couple times to figure out what was going on.

Thankfully there was another DAV person out there that knew what they were doing and filed my now denied letter for appeal submission stating that it should have been for TDIU and that my arm was a add-on on claim for disability. Filed in August 2010 they finally got all the stupid job history info in from my previous employers in December 2010. Which I had no idea they were waiting on or I would have gotten in to them sooner. So now here I sit, knowing that it is sitting on the desk of some person at the VA to be combed through with a fine tooth comb. At least that is what they said this person is going to do on a appeal like this is that they go through the entire file top to bottom.

Am I being optimistic that I'll get TDIU? Should I be prepared to get a lawyer? I'm just so tired of fighting this paper war with the VA and the incompetent few physcians that they have at the VA I just don't have much fight left. I left a bunch of stuff out in between the years with filing and doctors. I'm just tired of trying to survive on nothing. Blessed that my wife has stayed with me this long. I'm in my 30's an this is all life amounts to an it is pretty sad state of affairs. No friends left as I've pretty much taken care of annoying them or they don't want to hang with a cripple anymore when they go hiking or boating. If TDIU isn't in the mail soon, I'm not sure what else to do....

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"severe ulnar nerve entrapment in my right arm. I got immediate surgery on it after having this pain for 10 years in December 2009." Is this directly related to any SC disability you have now?

If so is that clearly stated in your medical records?

I am glad a formal TDIU claim was filed and that VA contacted your past employers already.

How old is this rating:

20% cervical spine

as this might have gotten worse.

"If TDIU isn't in the mail soon, I'm not sure what else to do" It is impossible to guess long any claim will take.

Did you receive a VCAA letter yet for the TDIU claim?

Did you send them eerything they requested with a proof of maiing?

"By this time my back was hurting more, my right arm was burning on fire which it had while I was in service but they never found anything."

DO you have copies of your SMRs?

Has VA set you up for any C & P exams yet?

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All my back stuff is at it's max. Actually I had 20% 10% for radicular symptoms left lower extremity secondary to status post lumbar laminectomy with tumor resection until this past summer when I had the C&P for the arm and wrong TDIU claim an they took 10% away from me. Bitch faced rater!

All the back stuff is at the max for the condition that you can get unless the limb becomes completely numb. But since it hurts all the time then it's not numb an the nerves work just fine so I don't get anymore rating that what I got!

Yeah, I have all the paperwork for the previous back stuff as I was med boarded for the condition from the Air Force. So they have a pretty hard time denying it.

My arm was the only thing that started to hurt the last year I was in the AF, but they never really documented until I bitched about it an my back an sent me off base to a specialist the one time for a treatment, an he only saw me 3 times and mentioned it in his paperwork as a patient with complaining right arm pain and the back pain. So right their I had to been complaining about it enough to get sent off base for my arm and back. I just got med boarded before that doc could do anything about my back or arm. Off course once I got out, the stupid looser arm surgeon person at the VA has no clue how to due her job so I spent the next 7 years going every year complaining about it only to be told nothing is wrong have a nice day. Until I finally bitched enough an got sent outside the VA to a local hand specialist then he found it in like 5 mins an had the surgery scheduled the next month. Man what a relief that was, my arm was on fire 24/7 with that ulnar nerve. It still hurts though, as I had the damn thing for almost 10 years now. I'm sure the nerve will never completely be okay. Now it just hurts when I use the arm for something like typing on the computer, the computer mouse, using a screwdriver or something that is longer than 5 mins of use with the hand. It still goes numb if I rest on it or when I sleep an put any pressure on the arm. So it is still screwed a little.

So with a back that can lock up or pinch out for any reason, an arm that don't do work like it used to and battling bi-polar with all the meds I take. I take Methadone for the pain now with naproxen, several cholesterol meds and alergy medicine. I shouldn't be driving or doing anything else. Yet, they seem to think I should be out workin 9 to 5. I would love to if they could fix all this shit that is wrong with so I could get the hell out of this house. But it looks like they will never figure it out so here I sit trying to figure things out. While my wife works her ass off to make money to keep us afloat.

I've read a lot of posts in here. It would seem like I have a good case for TDIU but I never seem to catch a break with the VA. I just can't see how they would not look at what I have an just say, CRAP, this dude is messed up, lets give him TDIU an help him pay his bills for once. I suppose that would be a logical world an the VA sure don't live in that place!

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The ulnar nerve comes from Cervical C5/C6 nerve root. You can file Radiculpathy if you have an EMG that shows the cause.


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The ulnar nerve comes from Cervical C5/C6 nerve root. You can file Radiculpathy if you have an EMG that shows the cause.


The ulnar nerve is from being a mechanic. Just like person gets carpel tunnel from working on computers. I got it from working with hand tools non stop while doing my job. They lifted the nerve at the elbow and cut away some of the tension to help loosen it. The other choice was moving it completely but the surgeon didn't believe that was the best choice in this case. Which it definitely feels 100x better than it used to but it still hurts a year after the surgery just like it used to but to a much much less degree. Just a mild burning and ache. Which is way better than it ever was. Although I still have the shaking and cramping in my hand if I hold something like a garden hose sprayer or car wash sprayer gun for to long. Weed wacker really makes it go cramp up. But I just assume it is that way because I suffered with the problem for so long before some one with a brain actually diagnosed it.

But since the EMG study after surgery says the nerve works again then they assume it's 100% cured and nothing could possibly still hurt. Must be in my mind!! Yeah okay! Whatever cracker jack degree doctor! Whatever you say!!!!

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