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.

[RichSal2451]

Wanted to give a recent update and ask for any input you would care to give. this site has been very helpful with information and emotional support.

I received a letter from a firm named Veterans Evaluation Services out of Houston, Texas informing me they are contracted by the VA to handle claims processing in order to help with the backlog. They also informed me I was scheduled for an audio C&P exam with a civilian clinic on August 22nd. Today I received another letter from them saying I am scheduled for a general C&P exam on August 21st.

Maybe things will actually happen faster with their office handling my claim. Here's hoping.

[rpowell01]

I knew it!!!!! As soon as I received my TDIU claim and then receiving a phone call from the VA processing center, I knew they were contractors. You can tell the difference, seriously. But the question that now has to be answered is;

Will they work like a worker compensation doctor or will they give true and fair C&P exams? Keep us informed and if they "do things" differently on the C&P exams. I am curious how much they are VA trained....

Edited August 7, 2012 by rpowell01

[iceturkee]

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.

thanks for the response. my whole entire spine is messed up although i am only service connected for thoracic. i have degenerative disc disease in my entire thoracic spine with osteoarthritis and what appears to be the start of vertabrae fusing in the area i injured when i fell down 2 flights of stairs in the army. i have moderate spinal stenosis in my lumbar spine with a slipped vertabrae and bulging discs. i think the reason no one will operate is because (i'd guess) over 80 percent of it is messed up.

i was awarded iu in december. the va has paid for me to have a nurses aide come in 12 hours a week for five years. and i have a pending claim for smc. good luck!

[RichSal2451]

iceturkee, did you get your award on initial claim or did you have to go thru appeals? How long did the process take?

[RichSal2451]

First thank you to all of you for all your past advice. It has really helped. Another question if I may.

Until today, 12/11/12, e-benefits showed my claim for TDIU and 100% temporary as being in the gathering evidence stage with an estimated completion date of 11/27/12 to 01/23/13. Now it shows it is still gathering evidence with an estimated completion date of 02/10/13 to 04/08/13-- no surprise, this is the VA.

But as of today it also states they determined my claim needs additional review, and it further states they did not receive four items they requested from me. Evidence of surgery and convalescence for the temporary 100% claim, a 21-4138 form, a VCAA Notice Response form, and employer information forms. For all of these items I responded within less than 30 days and sent them certified mail, return receipt requested. I have all of these receipts. Any advice on how I should proceed?

Thanks,

[donh777]

Resend all the items they requested by USPS registered mail with return receipt(the green card). This will be the proof if they try to delay you again..