Is This Claim In Danger Of Being A Pyramid By Default

[oldman273]

Hello here is my question I applied for an increased ratting for my back which initialy was claimed as DDD. Now after 3 surgeries laminectomy, Stimulator implant, and 3 level lumbar fusion I was not rated under IVDS as I had claimed but DDD. The VA has not answered the claim as to the IVDS which I had put in for on a seperate claim with arthritis also as secondary to the SC back issues. Everything is doucumented in writing as well as the xray results documenting the back as progressively detiorating as the disease is.

After all of this can I have both the DDD and the IVDS. I am unable to care for myself and the nerve dammage is hard as i get these spikes or electrical charges in my body that make me a horrible person to be around constant pain and having small kids makes me an ogor some times so any ideas on how I should attempt to correct the issue of why the VA choose to rate me the way they did other than their usual attempt at screwing us veterans. last thing I wanted to add is that my Nuero surgeon who did the surgery has already wrote to the VA that I am unable to work or keep a job on account of my SC back. anythoughts again as to why the 40% ratting instead of the 60% I think it should have been. Have a good day....

[jbasser]

It should be the rating that most benefits the veterans most severe disabilities. They cannot rate IVDS and TA on the back at t he same time. That is pyramiding and they will not do that.

J

[Berta]

"last thing I wanted to add is that my Nuero surgeon who did the surgery has already wrote to the VA that I am unable to work or keep a job on account of my SC back."

Do you have a TDIU claim pending- You should get copy of the Neueo statement and send it to them as evidence if they have deferred a TDIU issue.

They might have this already as part of yur clinical records-but this is the sort of stuff that seems to disappear or be ignored.

[oldman273]

"last thing I wanted to add is that my Nuero surgeon who did the surgery has already wrote to the VA that I am unable to work or keep a job on account of my SC back."

Do you have a TDIU claim pending- You should get copy of the Neueo statement and send it to them as evidence if they have deferred a TDIU issue.

They might have this already as part of yur clinical records-but this is the sort of stuff that seems to disappear or be ignored.

Hello I have a IU claim in and it came back today with a SOC stating even though the Surgeon wrote that I was unable to seek and or maintain gainful employment because of my SC back injuries they denied it. I think it is an issue of the VA trying to weasel out or denying a claim. I called my nuerologist to see if I could get in there and was told April. I am going to order all of my C/P exams as well as my Nuerologist notes from recent appointment. I am goining to take a week off and leave things alone and turn back into fighting the claims. If i get all upset I will get a magraine that is just the way my body works.

Since I have you on the reply end can you advise if I was retired from my Civillian Job back in 2001 because of PTSD and Migraines back then I was not SC for them but now I am and I am considering going back for an ealeir effective date for the SC migraines as my PTSD caused my SC Hypertension to cause medical retirement from the migraines. I had all the test and my hypertension was deteremined by Doctors to cause the migraines due to anxiety. I am currentley on oxyegen theraphy it helps but I am having at least 5 to 8 headaches a month that put me in bed even with the oxyegen. I had to thank you for all your help and I would be angry if I let myself but sometimes you have got to learn to laugh at the stupid mistakes they make even when you know you are right. Adios and have a good weekend..

[Berta]

I am considering going back for an ealeir effective date for the SC migraines as my PTSD caused my SC Hypertension to cause medical retirement fr"

Not enough info yet to know here as to the EED.Was this a past unappealed decision?

Can you scan and attach their reasons and basis or the TDIU denial? (cover personal stuff)