hypertension New Guy With A Question About Tdiu Claim

[RichSal2451]

Hello. This my first post, so please excuse me if I goof this up. I am a Vietnam vet currently rated at 90% disabled. 60% CAD, 40% lumbar back, 20% DMII, 10% left knee, 10% right knee, 10% hypertension, 10% hearing, and 10% tinnitus.

My back has been getting increasingly worse, and on March 22nd while at work I got spasms of pain that sent me to my knees. I went to the VAMC here in Minneapolis and they took x-rays, gave me a shot for pain, and said no prolonged sitting or standing, no standing on concrete. The next day, the firm I was working with immediately let me go, and the temp agency I worked thru laid me off.

The VA has since done an MRI and an EMG and has scheduled me for back surgery in August. Soooo, I filed a claim for TDIU to the Minneapolis VARO and received a letter acknowledging receipt. Nine days later I received the identical letter from the VARO in Washington D.C. Then a week after that I received a letter from the claims processing center in London, Ky. asking if I had any further evidence to send. (I sent the results of the tests).

My question is why the shuffling between offices, and does this bode well or not for my claim?

Thanks for any opinions or help.

[john999]

London KY is where OWCP has their HQ. This place must be some kind of hell. I guess they use ex-coal miners to do claims. I saw some coal dust on my last letter from OWCP. Now I have black lung.

[cooter]

As long as it didn't include a dead canary with it.

Coot

[RichSal2451]

Sorry for not responding sooner, the back has had me laid up for a few days. Applied for SSDI at the same time, They denied the claim in 20 days! I now have a law firm handling it. They looked at all that's wrong and laughed when I told them I was denied. In addition to the SC issues, I also have COPD that is not service connected. Sure hope something happens soon. I couldn't make the May and June house payment. Got a default letter saying they're going to initiate a sheriff's sale if I don't catch up by July 1.

[Ethan'sGrandma]

RichSal2451,

I am sorry for the worsening of your condition. There is an office in KY. Unfortunately, it does not appear to make claims any faster, at least not for specific ones, as my son has a claim for dependency being handled out of that office and, as yet, they have not moved on it for at least nine months. Prior to, it was being handled through the VARO, but was transferred to KY, with a total timeframe on a adding dependents hinging on two years now. I don't like to be the bearer of not so good news, but it seems to be hit or miss for some. SSA usually handles claims more quickly, whether denials or awards, through the local hearing level, so stay with it, while still working on the VA claim. SSA looks at the vocational abilities of the claimant, many times suggesting that there is a job out in the community that can still be done, but you can succeed. I had the opportunity to sit at my son's hearing as a witness and I noted that the main thing that seemed to matter was what the vocational expert gave as a response to the judge as to the two jobs that he believed could still be done, but the attorney had documentation from the doctor, listing symptoms and inabilities, which eliminated even those jobs found. In the end, when the vocational expert was asked if any job could be performed, specifically, as gainful employment, he was thorough and honest enough to say no. My son did have to resubmit a second claim while the first denied one was pending for the courts, but the hearing he went to on the second claim (awarded) led to an award on that claim. He lost effective date from the first claim, but he and the attorney decided it was in his best interest to retract the pending claim through the court, seeing as there was always a risk to go through the whole battle all over again. The second time around, SSA took about five months from application to award. As we expected, he was denied on the first round, but at the local hearing level, he was successful with the claim. It is my understanding that VA can expedite a claim for certain reasons. Have you attempted to try that way? I wish you much success with this entire process!!

[iceturkee]

Hello. This my first post, so please excuse me if I goof this up. I am a Vietnam vet currently rated at 90% disabled. 60% CAD, 40% lumbar back, 20% DMII, 10% left knee, 10% right knee, 10% hypertension, 10% hearing, and 10% tinnitus.

My back has been getting increasingly worse, and on March 22nd while at work I got spasms of pain that sent me to my knees. I went to the VAMC here in Minneapolis and they took x-rays, gave me a shot for pain, and said no prolonged sitting or standing, no standing on concrete. The next day, the firm I was working with immediately let me go, and the temp agency I worked thru laid me off.

The VA has since done an MRI and an EMG and has scheduled me for back surgery in August. Soooo, I filed a claim for TDIU to the Minneapolis VARO and received a letter acknowledging receipt. Nine days later I received the identical letter from the VARO in Washington D.C. Then a week after that I received a letter from the claims processing center in London, Ky. asking if I had any further evidence to send. (I sent the results of the tests).

My question is why the shuffling between offices, and does this bode well or not for my claim?

Thanks for any opinions or help.

i am just curious what is wrong with your back that the va is doing surgery. i am also 40 percent for my back which is why i am asking. thanks.

[RichSal2451]

Back has been bad since 69. Degenerative disc disease in the L4-L5, L5-S1,S1-S2 with recurring radiculopathy. Last MRI was in May and showed disc at L4-L5 is pretty much non-existent. Docs recommended surgery back in 1987, but I had a family to feed, and worked on the road.

Then in 1993 our oldest son was diagnosed with very severe MS at 21 years old. His wife was expecting their child, and left right after the baby was born. So my wife left her job and we cared for him at home. I had to keep working--lived on pain pills. In 2002 doctors recommended surgery again, but ex daughter-in-law left our Grandson with us to raise. Kept working. Son passed away three years ago yesterday at 38 years old.

Fast forward to March 22, 2012......back goes out bigtime. I told the doctors at the VA I think its time for the surgery. Surgeon agrees. Wife agrees. Back agrees. Surgeon states that 100% disability is appropriate, so I applied for TDIU and SSDI. Primary care physician at VA tells me I would be fine if I lost weight (6'-1" and 230 lbs), and refuses to make any statements supportive of my claim. Not sure how I can exercise with CAD, COPD, DMII as well as bad back and knees.

So thats my tale of woe. Sorry to be so long-winded about it. Just found out today the PCP refuses to help, and I need to blow off steam. Sure hope the surgeon will give a supportive statement. Thanks for listening.