tdiu Got Progress Notes From C&p - Please Have A Look

[andyxoxo]

Hi, thanks for running this great forum. Have been able to learn a lot :) Am hoping that I could get some input from the VA Disability experts here. I'm not one to twiddle my thumbs when I could be doing something in the meantime to progress my case so this is why I'm asking the below questions to see if I could be doing something constructive while waiting for my C&P exam results to be looked at by my DRO.

So basically, I'm 42, no college, was an aircraft mechanic in the Air Force and retired since end '07. I have no earned income since my military retirement.Got rated last year at 60% SC for "severe & persistent" incontinence due to weakened sphincter muscles from five anal surgeries whilein service and also received 10% for anal scars pain. The anal scars are from the surgery sites. I was denied TDIU because they said I could perform sedentary work. Well, they didn't put two and two together that anal pain causes me pain when sitting for longer periods of time (which seems to me to be a requirement for sedentary work) so I immediately did the NOD. Last month I had the C&P for the NOD and this is what the physician wrote in the completed C&P report:

"The veteran will not be able to have gainful employment primarily because of his anal sphincter problem causing fecal leakage and incontinence requiring him to use absorbent pads and the absence of anal control would also cause fecal soiling which would be very uncomfortable and shameful for the veteran if this occurs in his workplace. Furthermore, he has constant pain over the anal scars that he is not able to sit for prolonged periods. He can only sit still for 10 minutes after which he has to stand up to relieve the pain. The scars also tend to become very pruritic [itchy] when dry which is very uncomfortable for the veteran which will decrease his concentration. He will not be able to to push, pull, lift heavy equipment due to the anal condition because this can further aggravate the lax muscles around the rectum."

So based on this C&P exam result, I have two questions please:

1) What do you think my chances are of getting approved for TDIU? Just am curious based on your experience. The reason I ask is if you think that I should in the meantime while waiting for the DRO to getting around to making a decision on this NOD be doing something to further my case? For example, do you think I should write and send in an update to the NOD pointing to the above C&P statements and perhaps add my words to it (explain more in-depth my sitting problems)? Or will that just make things worse (slow down progress) or piss off the DRO?

2) And if in your experience you think that the above statements will not be good enough for me to be found IU (too vague, not enough info, the DRO will need more facts etc) then I should start seeing my own doctors to get their medical thoughts on paper just in case the DRO declines IU. I heard that if you have two personal doctor's opinions they will override the VA doctor's.But since the VA doctor said that I can't work I don't think I should even have to seek other physician's opinions and opinions. Like I said, I just hate twiddling my thumbs so just want advice if you think I can do anything to help myself while I'm "patiently" waiting.

I thank you so much for any thoughts and guidance,

Andy

Oh on a side note, I already have all the SSDI paperwork filled out just in case my TDIU comes back approved; Pain Questionaire, Daily Activity Report, Work History Report & Disability Report. Wow, took me two weeks to complete all that stuff. But I think that if the VA says no to TDIU then SS would also deny me SSDI since I'm using the VA as the medical evidence....

Edited November 19, 2011 by andyxoxo

[Pete53]

Welcome to Hadit. Have you applied to Social Security if not you should.

An attorney who used to post here got a Veteran who had 10% for your diagnosis got TDIU for his client.

[Berta]

"2) And if in your experience you think that the above statementswill not be good enough for me to be found IU (too vague, not enough info, theDRO will need more facts etc) then I should start seeing my own doctors to gettheir medical thoughts on paper just in case the DRO declines IU. I heard thatif you have two personal doctor's opinions they will override the VA doctor's.But since the VA doctor said that I can't work I don't think I should even haveto seek other physician's opinions and opinions. Like I said, I just hatetwiddling my thumbs so just want advice if you think I can do anything to helpmyself while I'm "patiently" waiting."

The VA doc's statement could be enough for TDIU.

Then again one can never have enough evidence.

Pete is right-apply or SSDI benefits.

Also as military retired you should look into CRDP CRSC -info available here under a search for CRDP CRSC and at the DFAS web site.

You could punch up the claim and VA opinion with some research from the internet on how this condition would prevent employment.

Also if you take any SC meds with side affects that could hinder employment, tell VA that too and send them a print out of the side affects the meds cause.

You said these were "progress notes"- do you have a copy of the actual C & P results and is this (the C & P results)where those statements were made by the doctor?

[Notorious Kelly]

Andy,

Thank you for your service and welcome to Hadit.

I'm sorry to hear of your suffering.

Don't wait to apply for SSDI because it's unrelated to the VA and their criteria.

SSDI main criteria:

It is the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) that can be expected to result in death, or which has lasted, or can be expected to last, 12 months or longer.

Use Fanaticbooks SSDI info to guide you and, of course, ask any additional questions here.

Good luck!

[andyxoxo]

You said these were "progress notes"- do you have a copy of the actual C & P results and is this (the C & P results)where those statements were made by the doctor?

Hi, thanks for your thoughts. Yes, the comments I quoted are from the doctor that performed last month's C&P. And yes this is the actual C&P result (guess I should fix that in my original post)