The folks who have been on this board for a while know me, and know what my last VA battle entailed. A quick rundown for new folks, or the old ones that have forgotten, though:
I am 90/ TDIU/ P&T since October 2008. I have not had any C&P's scheduled, and it is written in my last decision letter that no more will be scheduled. I've been around the VA long enough to know that what is written in that decision letter and a dollar will get you a cup of coffee, though. I have several conditions that are currently SC'd and rated. The list is:
Neurogenic Bladder - 60%
Intervertebral Disc Syndrome - 40%
Mood Disorder Due to a General Medical Condition - 30%
Sciatica - 10%
Left Knee - 10%
Right Knee - 10%
Hearing Loss - 10%
Tinitus - 10%
Left Foot Plantar Fascitis - 10%
I have moderate to severe central canal and foraminal spinal stenosis, facet joint arthritis, and degenerative disc disease in my entire lumber spine. I also have healed compression fractures at T-11, T-12, and L1. This has led to a foot drop on the right side that I have to wear a AFO brace for. I have a torn meniscus and sctretched PCL in the right knee, and "runner's knee" in the left knee. I have to take about 30 pills a day in order to function at a minimal level, and have been doing so for many years.
In the last 2 years, I have started to go downhill in many areas. The medicaations have caused me to have chronic abnormal liver enzymes and chronic gastritis type symptoms. I took a fall in 2010 when I tripped over my droopy foot and injured my right shoulder. Last winter I started developing sciatica on the left side, and last month I was diagnosed with bursitis in my left hip, which is every bit as debilitating as the back pain.
While researching on Hadit for a friends claim, I found a Fast Letter from 2010 regarding TDIU. It states that if a veteran is rated as IU based on a single issue, then that issue is considered a total (100%) rating for the purpose of assigning SMC - S. I am thinking about filing a claim for the S award based upon my IU for IVDS (the condition used in the VA's decision to grant me TDIU) and having a 60% award in addition. I am also thinking of filing a claim for a K award based upon the right side foot drop. Since I would already be filing, I am thinking I might as well ask for SC for the shoulder injury, hip bursitis, left side sciatica, digestive issues, and elevated liver enzymes. I would also seek a increased rating for the right side sciatica, due to the foot drop and possibly attempt to reopen a claim for GERD that they have denied a few times, but I almost got overturned on a DRO review in 2009 (they wanted to scope me for the C&P when the findings of that test weren't pertitnent to the rating criteria in any way, so I said no).
The thing is, I know I am already considered 100% P&T. I know I may get a schedular 100%, but I don't know if it would effect my P&T status. I know the additional schedular ratings would not increase my monthly compensation amount, but the two SMC awards would. However, I don't really need the extra money, since we are doing fine right now. My main points for wanting to do this is 1) I have legitimately earned the ratings, and feel I should be compensated for them, and 2) I want to have the digestive system, liver abnormalities, and GERD SC'd, because any one of them could turn into a life threatening condition down the road (should I die of a SC'd condition my family would still have some benefits).
My head is telling me to file these claims for the main reasons I just stated. My gut is telling me that I am currently off their radar screen and will be for a long time because of the OIF/OEF vets filing their claims, and the enormous backlog of claims that the VA is currently dealing with. Knowing that, my gut says to let sleeping dogs lie until they wake up on their own. In other words, my gut is saying when the VA decides that they didn't really mean P&T when they put it in writing, and call me in for a C&P, I could file the claims then. What do you guys and gals think? Go for it, or leave it be?
Question
rentalguy1
The folks who have been on this board for a while know me, and know what my last VA battle entailed. A quick rundown for new folks, or the old ones that have forgotten, though:
I am 90/ TDIU/ P&T since October 2008. I have not had any C&P's scheduled, and it is written in my last decision letter that no more will be scheduled. I've been around the VA long enough to know that what is written in that decision letter and a dollar will get you a cup of coffee, though. I have several conditions that are currently SC'd and rated. The list is:
Neurogenic Bladder - 60%
Intervertebral Disc Syndrome - 40%
Mood Disorder Due to a General Medical Condition - 30%
Sciatica - 10%
Left Knee - 10%
Right Knee - 10%
Hearing Loss - 10%
Tinitus - 10%
Left Foot Plantar Fascitis - 10%
I have moderate to severe central canal and foraminal spinal stenosis, facet joint arthritis, and degenerative disc disease in my entire lumber spine. I also have healed compression fractures at T-11, T-12, and L1. This has led to a foot drop on the right side that I have to wear a AFO brace for. I have a torn meniscus and sctretched PCL in the right knee, and "runner's knee" in the left knee. I have to take about 30 pills a day in order to function at a minimal level, and have been doing so for many years.
In the last 2 years, I have started to go downhill in many areas. The medicaations have caused me to have chronic abnormal liver enzymes and chronic gastritis type symptoms. I took a fall in 2010 when I tripped over my droopy foot and injured my right shoulder. Last winter I started developing sciatica on the left side, and last month I was diagnosed with bursitis in my left hip, which is every bit as debilitating as the back pain.
While researching on Hadit for a friends claim, I found a Fast Letter from 2010 regarding TDIU. It states that if a veteran is rated as IU based on a single issue, then that issue is considered a total (100%) rating for the purpose of assigning SMC - S. I am thinking about filing a claim for the S award based upon my IU for IVDS (the condition used in the VA's decision to grant me TDIU) and having a 60% award in addition. I am also thinking of filing a claim for a K award based upon the right side foot drop. Since I would already be filing, I am thinking I might as well ask for SC for the shoulder injury, hip bursitis, left side sciatica, digestive issues, and elevated liver enzymes. I would also seek a increased rating for the right side sciatica, due to the foot drop and possibly attempt to reopen a claim for GERD that they have denied a few times, but I almost got overturned on a DRO review in 2009 (they wanted to scope me for the C&P when the findings of that test weren't pertitnent to the rating criteria in any way, so I said no).
The thing is, I know I am already considered 100% P&T. I know I may get a schedular 100%, but I don't know if it would effect my P&T status. I know the additional schedular ratings would not increase my monthly compensation amount, but the two SMC awards would. However, I don't really need the extra money, since we are doing fine right now. My main points for wanting to do this is 1) I have legitimately earned the ratings, and feel I should be compensated for them, and 2) I want to have the digestive system, liver abnormalities, and GERD SC'd, because any one of them could turn into a life threatening condition down the road (should I die of a SC'd condition my family would still have some benefits).
My head is telling me to file these claims for the main reasons I just stated. My gut is telling me that I am currently off their radar screen and will be for a long time because of the OIF/OEF vets filing their claims, and the enormous backlog of claims that the VA is currently dealing with. Knowing that, my gut says to let sleeping dogs lie until they wake up on their own. In other words, my gut is saying when the VA decides that they didn't really mean P&T when they put it in writing, and call me in for a C&P, I could file the claims then. What do you guys and gals think? Go for it, or leave it be?
90%, TDIU P&T
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