Really Need Help

[OutOfOptionsVet]

Going to start with some background information because I really don't have any idea if I am missing the obvious solution; or where I am suppose to go from here.

Never had back problems prior to Bootcamp.

60 days into Marine training I'm at medical and told I have a pre-exsisting condition known as Kyphosis. (My spine curves out too far in the middle)

I found out months later I wasn't suppose to be allowed into the military with this kind of a condition.

I graduated Bootcamp and earned my title, spent a month in rehab.

Went to SOI training, made it a week befor I was again in medical. Was told to be put on 3 days light duty reccomended by the Doctor there.

They told me I was going to train anyways. One day later Im back in medical again after falling out on a hike and blacking out from pain.

3 months light duty and droped to Medical rehab platoon. After a few weeks, the doctors decided I was to be discharged.

I recieved a Erronous Uncharacterized Enlistment Discharge at 179 1/2 days of service.

I have had Chronic back pain that fluctuates in pain levels from day to day ever since. I can't sit or stand for very long without the pain increasing until its unbearable.

I went to the VA and went thru the process of evaluation to see what im disibility rating would be. They asked alot of questions and eventually my doctor decided it would be best to get an MRI which came back negative.

I recieved a 10% disability rating. I was advised by my Doctor to not appeal my case. I didn't think the rating was as high as it should be.

Not for the pain I suffer on a daily basis. Theres on average 4 days a month where Im bedridden because of the pain I suffer due to my condition.

I tried attending college after my discharge. After a week I was in bed for 3 days on my back and could hardly move. I had to withdraw due to the attendance contract.

I needed more help. So I tried going thru the Revocation Rehabilitation program that the VA offers. I was given a personal tens unit to use. I decided I would try attending college thru their program.

I attended classes for a week. My pain was minimal when I started attending classes. After about 4 days of full time school I wasn't able to make my classes and again had to withdraw from college and also (after talking to my counselor) the Revocation Rehabilitation program until my pain was managed better.

Without my familys support I would be on the streets with nothing to eat. I've moved from my Mothers house, to my Fathers, back to my Mothers, and now back to my Fathers again within the past 2 years I've been struggling since being discharged.

I tried to apply for SSDI and sent the paper work to my Doctor at the VA. He denied my claim and said I should be able to work full time 40 hours a week with no problems. I was so angry and frustrated with him about that I haven't been back to the VA since.

I decided I would try going thru a Civilian doctor and begin the process of determining the level of my disability again all over. Due to the fact my Doctor doesn't recognize the extent of my impairment to function as a regular civilian due to my disability.

The state I live in has a 2 year waiting list to recieve Medical Insurance coverage thru the State. I am unemployed and have no other income than the 123$ a month I recieve for my 10% disability.

Im having a hard time dealing with all of this and I just don't know where to go from here. My VA case worker literally told me to "suck it up". I no longer communicate with her either.

I've become depressed and no longer have a social life. I've tried to find work, I have even gotten a few interviews; during which I explain my disability to them and they never call me back.

I thought I would post this and maybe get some advice that might start me in the right direction.

[carlie]

PCP = Personal Care Physician?

PCP = Primary Care Physician

No I haven't had other medical coverage so the only Doctor I have seen was the Civilian Doctor I saw after being discharged who agreed to renew my Service prescriptions. Who I paid for out of my own pocket. She didn't have anything to do with my rating or evaluating my disability.

To get granted SSDI - you will need medical evidence that you are unable to hold any type of substantially gainful employment due to medical

conditions whether physical, physical or both (and I believe for at least one year) - that meet the standards for SSA.

I don't know what an SSA is. I was trying to cooperate with a lawyer firm that specializes in SSDI cases. After my PCP at the VA gave the lawyers at the firm his opinion I was told they didn't have a case. My Doctor isn't listening to me, and frankly I really just feel like a number to him, someone to just brush aside and move onto the next patient.

SSA = Social Security Administration.

So, it sounds like you have not yet actually been denied SSDI - but that the law firm you went to states

you didn't have a case.

[carlie]

If I make an appointment to see my PCP do they pay for mileage? I'm not sure they do unless its an appointment based off a referral?

OOOV,

I believe since your level of VA disability compensation is at 10 % you will probably only receive travel pay

for treatment of disability's that are service connected.

Hopefully someone will chime in and correct me if this is not the case.

Here's a link to VA travel benefits.

http://www.va.gov/healtheligibility/Library/FAQs/BeneTravelFAQ.asp#travel

Also, here's a link to the Hadit.com homepage that has tons of links and information,

plus it has a link for acronyms/definitions and abbreviations.

http://www.hadit.com/

Another good link for your research would be:

Title: Veterans Claims Self Help Guide: By Vike17

http://www.hadit.com/veterans_self_help_guide.html

[OutOfOptionsVet]

OOOV,

I believe since your level of VA disability compensation is at 10 % you will probably only receive travel pay

for treatment of disability's that are service connected.

Hopefully someone will chime in and correct me if this is not the case.

Here's a link to VA travel benefits.

http://www.va.gov/he...lFAQ.asp#travel

Also, here's a link to the Hadit.com homepage that has tons of links and information,

plus it has a link for acronyms/definitions and abbreviations.

http://www.hadit.com/

Another good link for your research would be:

Title: Veterans Claims Self Help Guide: By Vike17

http://www.hadit.com...help_guide.html

After reading some of the information you linked me I've noticed several things: I only will recieve travel pay, I am not elligable for Total Disability Indepent Unemployability as I don't have a rating of a single disability of 60% or higher, or a combined disability rating of 70% or higher.

[OutOfOptionsVet]

I am going to go ahead and keep my appointment for next week with a civilian doctor. Im hoping I can get him to give me an Independent Medical Opinion on my disability that I can bring to the VA. At the same time Im going to try filing for an increase, but

I don't know how well thats going to go over. I don't have documentated medical records to prove that my condition has worsened since my disability was deteremined to be only 10%. Is there a doctor or some specialist I could see about determining my physical limitations in order to

use as proof of the extent of my disability? All the VA did so far was give me an MRI and tell me it was negative.

Edited June 30, 2011 by OutOfOptionsVet

[Berta]

As Carlie said"

"So, it sounds like you have not yet actually been denied SSDI - but that the law firm you went to states

you didn't have a case."

I assume you have not formally applied for SSDI yet.

My husband was awarded SSDI for a stroke (NSC until 1998) but I got some evidence (SSA regulations) and wanted him to request a reconsideration of the award. The SSA tried to talk him out of it.

We got appt with a SSA lawyer and he told us the reconsideration request would fail.

My husband ,in spite of these negatives, filed the reconsideration request which I prepared for him.

4-5 months later I called the SSA lawyer and told him how much cash he lost by turning us down as my husband had a new award letter solely for PTSD with a better EED than the stroke award.

If you have strong evidence that your SC prevents you from working it does not matter what the current VA rating for SC is.SSA will give you a medical opinion after they examine you.I have the impression they didnt do that.

The new SSA award garnered 100% SC P & T for PTSD when VA considered it properly. Unfortunately my husband had been dead then for almost 3 years.He went from 30 to 100% PTSD SC. Although 70%SC triggers VA to consider TDIU-=still the fact remains that proof opf unemployability directly due to a SC disability should attain TDIU.

If the VA Voc Rehab department stated in documentation that your SC prevented you from continuing in Voc rehab-that is evidence that you are unemployable due to service and thus that could garner TDIU.But that is a determination they have to make on paper for that to be considered as evidence.

But this is problematic:

"I don't have documentated medical records to prove that my condition has worsened since my disability was deteremined to be only 10%."

Did you have continuous VA or private medical care and treatment for the 10% SC? What time frame do you mean between the 10% award and now?

"Is there a doctor or some specialist I could see about determining my physical limitations in order to

use as proof of the extent of my disability? All the VA did so far was give me an MRI and tell me it was negative."

You could try to obtain an Independent Medical Opinion. These can be costly but if you have private care the cost might not be too high.

I feel there is a lot missing here.

Did you NOD the 10% decision? Or did you attempt to re open the claim?

"All the VA did so far was give me an MRI and tell me it was negative."

Was that due to a recent C & P exam?

Do you have copy of the actual C & P exam?

"I don't know of any job that would keep an employee that consistantly misses work or has to leave early because they're in so much pain they can't focus to do their job."

If you formally apply for TDIU would your employers be able to verify your SC disability caused you to miss work etc etc>

Edited June 30, 2011 by Berta

[OutOfOptionsVet]

As Carlie said"

"So, it sounds like you have not yet actually been denied SSDI - but that the law firm you went to states

you didn't have a case."

---Correct, they told me I needed a Doctors Medical opinion that states I am disabled to the point I can't work.

I assume you have not formally applied for SSDI yet.

---Correct

My husband was awarded SSDI for a stroke (NSC until 1998) but I got some evidence (SSA regulations) and wanted him to request a reconsideration of the award. The SSA tried to talk him out of it.

We got appt with a SSA lawyer and he told us the reconsideration request would fail.

My husband ,in spite of these negatives, filed the reconsideration request which I prepared for him.

4-5 months later I called the SSA lawyer and told him how much cash he lost by turning us down as my husband had a new award letter solely for PTSD with a better EED than the stroke award.

If you have strong evidence that your SC prevents you from working it does not matter what the current VA rating for SC is.SSA will give you a medical opinion after they examine you.I have the impression they didnt do that.

---No the SSA hasn't, I really would like to know where to find that application to start this process.

The new SSA award garnered 100% SC P & T for PTSD when VA considered it properly. Unfortunately my husband had been dead then for almost 3 years.He went from 30 to 100% PTSD SC. Although 70%SC triggers VA to consider TDIU-=still the fact remains that proof opf unemployability directly due to a SC disability should attain TDIU.

---I'm sorry to hear that :( it sounds like you two were quite the team!

If the VA Voc Rehab department stated in documentation that your SC prevented you from continuing in Voc rehab-that is evidence that you are unemployable due to service and thus that could garner TDIU.But that is a determination they have to make on paper for that to be considered as evidence.

---I will find out what they put down. I'm 99 % certain that its something along the lines of "... Could no longer stay in the program due to inability to meet the schools attendance contract and withdrew from school" I have tried to go to college two different times in the past year and a half. I had to withdraw myself from both because I was in too much pain and didn't want to incure a loan for school I end up not being able to pay back after my teachers wouldn't have been able to award me credit for the courses. The first time I was attending classes was on my own without Re Voc help. So I will have to get that documentation to help with my case.

But this is problematic:

"I don't have documentated medical records to prove that my condition has worsened since my disability was deteremined to be only 10%."

Did you have continuous VA or private medical care and treatment for the 10% SC? What time frame do you mean between the 10% award and now?

---I was given the 10% based off of the medical records acquired while I was in medical rehabilitation platoon while still in service. My PCP used this information and the results of the MRI to determin the 10%. I'm not sure if it was a C & P evaluation, I would assume so.

"Is there a doctor or some specialist I could see about determining my physical limitations in order to use as proof of the extent of my disability? All the VA did so far was give me an MRI and tell me it was negative."

You could try to obtain an Independent Medical Opinion. These can be costly but if you have private care the cost might not be too high.

---No, I don't have medical insurance other than the VA if thats what you mean. I've considered just going to a doctor and letting the medical bills stack up. I'm very frustrated with my current situation, my life is in ruins and I am only 28 yrs old. The problem with my condition is that on an Xray you can see there deffinately is a major problem with my spine, and my back is curved noticably. I'm in almost constant pain no matter what I'm doing, and it doesn't take long for the pain to increase if I do anything that actively uses the muscles in my back. Like sitting up in a chair to take notes, or drive. Standing in place is worse then continual movement, eventually its all the same. Without the pain meds I can't function at all; and I'm having a problem as i've had the same pain killer for over 2 years I'm growing a tolerance to it. I wanted to call my PCP over the phone to see what he would reccomend or if I needed to make the 45 min drive to the VA and come see him. His nurse took my message and called me back said he reccomended muscle relaxers. He gave me Cyclobenzaprine HCL 10 mg tablets to take 3 times a day. They help but now I'm suffering from the side effects. (They're not good for my love life). I take those along with Tramadol 50 mg tablets 3 x a day. I won't lie I've doubled that dose when the pain is intolerable and I have things I need to do.

I feel there is a lot missing here.

Did you NOD the 10% decision? Or did you attempt to re open the claim?

---My Doctor told me that I should take the 10% decision as there isn't alot of medical proof to explain where the pain is coming from. He also told me that my condition is a tricky diagnosis. He said "There are people who go their whole lives with this condition and have no pain at all... and there are people like you who have major chronic pain issues"

Even then I felt like I was getting railroaded. I wasn't in a position to sit around fighting another claim case for months, (My mother got married on my Bootcamp leave) I thought I would take the rating and whatever help they could offer me with it and hope I found a livable answer thru their resources. My PCP told me that if I fought the 10% and tried to get a higher % rating I could get turned down completely and my MRI wasn't going to help my case in fact it might hurt it some. I took his word for it, looking back I don't think I should have. This is the same guy who told the lawyer that contacted him Im fit to work 40hrs a week 8 hours a day. My acatual medical deffinition for my disability is Kyphosis with chronic back pain, and degenerative disc disease. I suffered compression fractures in training in my T7 - T12 vertabrae but the fractures have healed up over time... thou the pain hasn't gone away.

"All the VA did so far was give me an MRI and tell me it was negative."

Was that due to a recent C & P exam?

---To be honest I don't know.

Do you have copy of the actual C & P exam?

---No I don't.

"I don't know of any job that would keep an employee that consistantly misses work or has to leave early because they're in so much pain they can't focus to do their job."

If you formally apply for TDIU would your employers be able to verify your SC disability caused you to miss work etc etc>

---No, I haven't even been hired; and they won't put on paper that they turned me down because of my disability and they didn't think I would be able to keep my job. I've given up on trying to find work where I am now. Im in a town of 800 people with one gas station, and one factory. Nearest work is 20 min drive away. I don't have the gas money to even go look for a job. I was going to go to a civilian doctor to work with him and get an IMO so that I could get SSDI thru the state. I was looking on Google for info on how to get the VA to cover going to see a civilian doctor. As I remeber seeing something in the paper work about circumstances where they allow is. I wanted the Civilian doctor to referr me to a specialist that would be able to run tests and figure my physical limitations so I acatually had it on paper to bring to an employer. I want to try and work, I miss it. I'm pretty lonely. Even typing these replies brings up buried emotions I'd rather not express. It's just really hard to be living like this.

- Edited July 3, 2011 by OutOfOptionsVet