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....
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
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 by andyxoxoLink to comment
Share on other sites
Top Posters For This Question
2
1
1
1
Popular Days
Nov 19
5
Top Posters For This Question
andyxoxo 2 posts
Pete53 1 post
Berta 1 post
Notorious Kelly 1 post
Popular Days
Nov 19 2011
5 posts
4 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now