I appreciate all of the advice and knowledge that I have received from this board. I am posting again because I have a unique situation that I need help with. My situation is rather lengthy, but I will try to be as brief as possible. I really need help understanding what is going on as well as what to do next. ( Past post at bottom of page related to this same claim)
I am a 35 year old disabled vet, medically retired from service, married with three kids. My disabilities have worsened in severity and I haven’t been able to maintain suitable employment since Nov of 2007. Trying to get back to the work force in a non-physical capacity I enrolled in the Chapter 31 vocational rehab program. I am %60 disabled and receive the corresponding compensation monthly along with the full time subsistence allowance which is barely enough to maintain my household with my wife’s income. I am fighting to get out of debt, but seem to face new challenges daily including the recent repossession of a vehicle.
After eight years of service in the Navy, I was placed on the temporary disability retired list and retired from active duty in April of 2004, and five years later, after two re-entry physicals was placed on the permanent disability retired list. My September 2004 award of 60% disability compensation trumped my retirement from DFAS so that is what I receive monthly.
In June of 2010, I initiated a new claim for increase of my current disabilities. Which I was receiving %50 for sleep apnea, %10 for asthma, %10 for sinusitis, %0 for acid reflux, %0 for allergic rhinitis, and %0 for migraine headaches from my initial claim decision on September 20, 2004. I was also denied an award for my back which was one of my issues.
My claim for increase included a re-consideration for my back issues. I received my answer December of 2010 with a %10 increase for my back (labeled L5-S1 herniated nucleolus pulpous w/spinal stenosis and peripheral neuropathy, bilateral lower extremities.)
This December 2010 decision also noted a CUE stating that I should not have received %50 and %10 for sleep apnea and asthma from the September 2004, rather I should have been receiving %50 for both, but under provision of 38 CFR 3.500(b)(2) no over payment shall be established.
The December 2010 decision was accompanied by a letter informing me that a consideration for IU (Individual unemployability) had begun and to return the requested information with included an application and additional medical evidence. I complied fully.
I also initiated an appeal for the 2010 decision for all of the before mention disabilities.
Since my December 2010 decision I have switched from a VSO to a VA disability attorney, simple because I was tired of the run-around.
The Run-around: (my claim and appeals are still going on during this entire process
I have had 2 back surgeries in 2011, February 7th and July 8th (requested temporary %100 percent disability for both with accompanying evidence and a request to expedite due to financial hardship.) I received a one month award after the February 7th, but not from July. (Note: I am still recovering-just started physical therapy and still have the same restrictions given to me after my first surgery. All of my care and surgeries have been at the North Texas VA. I was also overdosed on my first surgery and needed to be resuscitated) I now live in more pain that I have ever known, walk with the assistance of a cane, and have been diagnosed with clinical depression. After checking and re-submitting my second request I was unofficially advised to wait until my June 2010 claim was complete so not to delay anything further. I complied.
I have had 2 surgeries and 4 additional C & P exams since initiating my June 2010 Claim.
In Oct of 2011 I was told that all evidence that was requested from me has been received, all of my C & P exams were received September 2011, and that no other evidence was needed to make a decision on my claim. Jan 2011 my claim is still in the development phase although again I am told that all the required evidence and documentation needed has been received.
As of today I have:
Open Claim: June 2010 decision on Individual Unemployability
Open Appeal: June 2010 decision of disabilities
Open Appeal: Effective dates of Temporary %100 for surgical recovery
My June Claim now is very complicated it includes
Pending appeals
Pending consideration for IU
Pending consideration for depression, after C & P, examiner wrote a statement in my evaluation that included a diagnosis for depression and PTSD
Pending consideration for PTSD, added by VA after receiving the before mentioned C & P exam results.
My other problem, I switched to going to school online after my surgeries in 2011, which runs longer then a 4-year school because I now take one class at a time instead of 3 to 4 at a time, and I just found out that my program limit runs out in March 2012, unless an extension is granted. If I lose the addition of the subsistence allowance chapter 31 adds to my household income, my debts will be my last problem. I won’t be able to maintain my household or provide the basic living essentials for my family. I need help. Even though my doctor hasn’t cleared me to work, I am still looking daily for a job to supplement my income. My next post will be entitled homeless vet needs help.
Question
Ret.Navy
I appreciate all of the advice and knowledge that I have received from this board. I am posting again because I have a unique situation that I need help with. My situation is rather lengthy, but I will try to be as brief as possible. I really need help understanding what is going on as well as what to do next. ( Past post at bottom of page related to this same claim)
I am a 35 year old disabled vet, medically retired from service, married with three kids. My disabilities have worsened in severity and I haven’t been able to maintain suitable employment since Nov of 2007. Trying to get back to the work force in a non-physical capacity I enrolled in the Chapter 31 vocational rehab program. I am %60 disabled and receive the corresponding compensation monthly along with the full time subsistence allowance which is barely enough to maintain my household with my wife’s income. I am fighting to get out of debt, but seem to face new challenges daily including the recent repossession of a vehicle.
After eight years of service in the Navy, I was placed on the temporary disability retired list and retired from active duty in April of 2004, and five years later, after two re-entry physicals was placed on the permanent disability retired list. My September 2004 award of 60% disability compensation trumped my retirement from DFAS so that is what I receive monthly.
In June of 2010, I initiated a new claim for increase of my current disabilities. Which I was receiving %50 for sleep apnea, %10 for asthma, %10 for sinusitis, %0 for acid reflux, %0 for allergic rhinitis, and %0 for migraine headaches from my initial claim decision on September 20, 2004. I was also denied an award for my back which was one of my issues.
My claim for increase included a re-consideration for my back issues. I received my answer December of 2010 with a %10 increase for my back (labeled L5-S1 herniated nucleolus pulpous w/spinal stenosis and peripheral neuropathy, bilateral lower extremities.)
This December 2010 decision also noted a CUE stating that I should not have received %50 and %10 for sleep apnea and asthma from the September 2004, rather I should have been receiving %50 for both, but under provision of 38 CFR 3.500(b)(2) no over payment shall be established.
The December 2010 decision was accompanied by a letter informing me that a consideration for IU (Individual unemployability) had begun and to return the requested information with included an application and additional medical evidence. I complied fully.
I also initiated an appeal for the 2010 decision for all of the before mention disabilities.
Since my December 2010 decision I have switched from a VSO to a VA disability attorney, simple because I was tired of the run-around.
The Run-around: (my claim and appeals are still going on during this entire process
I have had 2 back surgeries in 2011, February 7th and July 8th (requested temporary %100 percent disability for both with accompanying evidence and a request to expedite due to financial hardship.) I received a one month award after the February 7th, but not from July. (Note: I am still recovering-just started physical therapy and still have the same restrictions given to me after my first surgery. All of my care and surgeries have been at the North Texas VA. I was also overdosed on my first surgery and needed to be resuscitated) I now live in more pain that I have ever known, walk with the assistance of a cane, and have been diagnosed with clinical depression. After checking and re-submitting my second request I was unofficially advised to wait until my June 2010 claim was complete so not to delay anything further. I complied.
I have had 2 surgeries and 4 additional C & P exams since initiating my June 2010 Claim.
In Oct of 2011 I was told that all evidence that was requested from me has been received, all of my C & P exams were received September 2011, and that no other evidence was needed to make a decision on my claim. Jan 2011 my claim is still in the development phase although again I am told that all the required evidence and documentation needed has been received.
As of today I have:
Open Claim: June 2010 decision on Individual Unemployability
Open Appeal: June 2010 decision of disabilities
Open Appeal: Effective dates of Temporary %100 for surgical recovery
My June Claim now is very complicated it includes
My other problem, I switched to going to school online after my surgeries in 2011, which runs longer then a 4-year school because I now take one class at a time instead of 3 to 4 at a time, and I just found out that my program limit runs out in March 2012, unless an extension is granted. If I lose the addition of the subsistence allowance chapter 31 adds to my household income, my debts will be my last problem. I won’t be able to maintain my household or provide the basic living essentials for my family. I need help. Even though my doctor hasn’t cleared me to work, I am still looking daily for a job to supplement my income. My next post will be entitled homeless vet needs help.
Post History: Same Claim
Nov 15 2010 -
Dec 20 2011 -
Rating Decision 11302010a.pdf
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