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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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oldman273

Claimed P&t Based On Doctors Opinion

Question

Hey got a question for you all I have SC for DDD and the following Response from my surgeon is as follows :

To whom it may Concern, This Patient has a complex spinal disorder. He has underwent extensive spinal surgery including a lumbar soinal fusion. He currently relies on a walking aide to Ambulate. He is unable to lift,push or pull. He continues to require management for persistent back pain. I belive this pateint is disabled and will be unable to seek any gainful employment. This is related to his service connected condition of degenerative spinal disc disease. If you have any further questions please feel free to contact me.

Next letter;

Mr. X has been a pateint of mine for the last 4 years. This year we did a 3 level lumbar fusion that was preformed on May 5th 2010. He has a history of prior lumbar operations. back in 2006 during his first visit he reported he had injured his back while on active duty while in the Armed Forces. Since that time he has trouble with his back. In reviewing his MRI scans records and surgical findings this patient has significant degenerative arthritic changes. Since the inital evaluation of arthritic changes have been progressive. It is my opinion that his inital injury started the process of the low back pain and has accelerated the arthritis. Arthritis is known to be associated with age. However his arthritis has outpaced his current age. People who have suffered traumatic injuries typically will devolp arthritis earlier. this more than likely than not is the case with Mr. X.

The last letter from same surgeon on my behalf:

This patient Mr X who has a long history of lower back problems. He currently carries a diagnosis of degenerative Disc Disease. He has had extensive Lumbar Fusion from L3 to S1 in his lumbar spine. He is maintained on narcotic medication. We have treated him with surgery, bracing and physical theraphy. At this point it is my opinion that he is Permanently and totally Disabled. If you have any questions feel free to contact me.

With all of this is there anything else I can provide? I have his opinion on the paperwork for A/A which he filled out I am not able to dress myself and need help around the house and help with bathing. The VA has had this information but the kicker is that I was already retired for another condition totally unrelated to my back. Under my State retirement I was bale to make 15K a year and still be considered retired under our state retirement. I am figuring the VA will argue that I was not retired for a SC injury. I have submited my Records from State retirement and everything but the VA ignores the fact that one of the issues I was orignially retired on was Migraines which I was not SC until a couple of years ago. I asked for a DRO hearing on the appeal based on my SC back issues and the SC Migraines secondary related to my SC Hypertension. while in Service I was diagnosed with hypertension headaches when my blood pressure would get high. I also have a SC for an enlarged heart but the VA says it is healed and I have made an appoitment with Cardiologist this week to rebut their claim but if it is healed one less thing to worry about. I have had this claim for 2 years I just wanted any of your ideas on what else I need. I was retired in 2001 from my civillian Job but not SC for migraines many years later. If you have any ideas please give me an idea.

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what is your percentage for your back? i fell down two flights of stairs while in the army and messed up my thoracic spine. i avoided sick call because the army hospital where i was stationed had a very bad reputation. when i was discharged, i saw an ortho in town who after looking at my xray said i had sustained a slight compression fracture of my vertabrae. that was in 1977. obviously, it has gotten worse with age and now i have severe multi-leve DDD. i also have cervical and lumbar problems. yet, the ortho at my local VA clinic says i am not a surgical candidate because over 50 percent of my back is messed up. so your story interests me. thanks.

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Thanks I am rated 40% for my back but my current ratting is for 90% my other claims for A/A, P&T tempaory 100% Bilateral nerve dammage SC from my spine injuries for my time in Hospital and recovery time 18 months and now I hope they read the letters. I am no expert but I also hurt my back but I had to go into corpsman sick call as I could not walk. I wil add from my own experience that a Doctor has to lay out your claim from begining to end. I feel for people with back injuries as it sucks. I just got off the phone with the VA they called me out of the blue and asked me how my back was and some questions about a letter I had written in about my condition and a question about why I had not been rated 100% since I had retired originally for SC migraines issues. I told the lady I was waiting to get these current claims out of the way and I wanted to get some help around the house. I was shocked the VA had never called me before. I really need to get my claims finnished as I am moving somewere where it is warm all year round. I wish you good luck with your claim If you ask around here others with more experience can help you out better than I can. Have a good day

Edited by oldman273

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Hey Oldman long time no see! Something I can suggest to you is, if you can have the letters written in a form of a nexus that's provided here in the nexus forem, I think you will find other information that can be added to help add fuel to the fire. For instance; I have read all Mr.X available records to include his SMR, medical records, C:file blah blah. Also he should give his rational for his dx and so on. Of course, more likely as not, as likely as not. And another is, Mr X has no other medical issue that contributes to his injury/disease. The examples in the nexus forem are really great to use.

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Thanks I am rated 40% for my back but my current ratting is for 90% my other claims for A/A, P&T tempaory 100% Bilateral nerve dammage SC from my spine injuries for my time in Hospital and recovery time 18 months and now I hope they read the letters. I am no expert but I also hurt my back but I had to go into corpsman sick call as I could not walk. I wil add from my own experience that a Doctor has to lay out your claim from begining to end. I feel for people with back injuries as it sucks. I just got off the phone with the VA they called me out of the blue and asked me how my back was and some questions about a letter I had written in about my condition and a question about why I had not been rated 100% since I had retired originally for SC migraines issues. I told the lady I was waiting to get these current claims out of the way and I wanted to get some help around the house. I was shocked the VA had never called me before. I really need to get my claims finnished as I am moving somewere where it is warm all year round. I wish you good luck with your claim If you ask around here others with more experience can help you out better than I can. Have a good day

thanks. i am currently awaiting a determination on depression caused by my primary 40 percent back condition. i finally managed after years of trying to get my back from 10 to 40 percent. i'm not real sure how i get it to 50. i have been using an electric wheelchair that i successfuly got the va to issue me almost 6 years ago. it was given to me for a combination of my back issues and rheumatoid arthritis. when i did get my rating up, the doctor who did the c&p even admitted on the exam there was no way to determine from xrays of my back whether the damage was caused from osteoarthritis or rheumatoid. of course, the va gave me 40 because of the range of motion criteria, arguing the chair was for the rheumatoid.

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Hey Oldman long time no see! Something I can suggest to you is, if you can have the letters written in a form of a nexus that's provided here in the nexus forem, I think you will find other information that can be added to help add fuel to the fire. For instance; I have read all Mr.X available records to include his SMR, medical records, C:file blah blah. Also he should give his rational for his dx and so on. Of course, more likely as not, as likely as not. And another is, Mr X has no other medical issue that contributes to his injury/disease. The examples in the nexus forem are really great to use.

Thanks cooter I have been in and out just not much to offer. I got a call yesterday the VA called me about my claims and said they were going ahead and sending it to the next phase after that it was the notification phase. I might have to follow up with another letter should they ask for it. I am trying to get my claims finished so I can be ready to move once the wheather gets rough for me. I hope it was enough. I am going to try and make it through next week I am doing some water theraphy to strenghten my left leg it is withering away. So far since my last surgery I have lost 3 inches in muscle tone compared to my right leg. My surgeon said it is my back favoring the right leg over the left from years of altered gait. I will wait this claim out and see what I end up with. I am thinking of moving out west for the winter to see how I like it. If I do get P&T I might move over seas I have some friends living in PI that love it for the same reasons I did many years ago. Well good to hear from you have a good weekend..

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