Lost My Job Due To My Sc Disability

[88 mike]

I lost my job due to my sc disability a few weeks ago. My neurosurgeon recommended me to have a second surgery on my lower back. He also ordered me a functional capacity test and the results stated that I shouldn't lift no more than 10 lbs. My required me to lift up to 40 lb. So what can or what should I do concerning compensation? I am currently rated at 40% for my lower back and 20% for my right leg. Please respond everyone who can help me out in this matter.

[88 mike]

Sorry my job required me to lift up to 40lbs

[Berta]

I suggest that you apply for TDIU (VA form 21-8940) and look over the TDIU forum here as to how to fill out the form.

Also I suggest that you try and get a documented medical opinion (that conforms to the IMO criteria herein our IMO forum) whereby the neurosurgeon can give a complete medical rationale why you can no longer work.

Then again VA might say .......just get a job where you only need to lift 10 Pounds.

Do you take any strong meds, whose side effects prohibit employment , like do not take and drive, causes drowsiness, causes confusion etc etc.

Does the surgeon think the next surgery will actually give you relief and allow you to then lift heavy objects?

If the TDIU isnt or wouldn't be an appropriate rating , after the surgery , go over the temp convalescent regulations here at hadit under our search feature, in case you would be eligible for that benefit.

You should certainly try for a higher rating for maybe both the back and the SC leg.

Others will opine here too.

Hard to really know how the surgery will affect your rating or a TDIU application at this point.

If you have any serious knee or hip problems from the SCs now is the time to get that documented and then claim them as secondarys .

Edited March 11, 2013 by Berta

[Chuck75]

Collect copies of all available medical history and information concerning your condition.

You indicated that you are already SC'd for the condition, and you can lift only ten pounds.

What you did not say has to do with the question of the permanency.

Will surgery alleviate pain, and cause the condition to improve?

Perhaps an SSA disability determination as well as a VA increase in compensation is your best path to persue.

On the surface, it looks like you should apply for both SSA disability and additional VA compensation.

Are you contemplating back surgery? If so, the VA may be a choice, due to costs.

In any event, if VA medical services (primary care) is available, you can use it to help document condition severity, and get

treatment records into your file.

Just remember that the VA and SSA can take time to decide your claim. The loss of income in the interim can be a real problem.

You should also be aware that there are laws concerning veterans with SC'd disabilities that may make your job loss illegal.

Back injury can be a very debilitating problem, due to pain, loss of sensation, and so forth.

There is a chance that the VA SC'd current rating is actually a "low ball" rating, even before your back problem became more acute.

I suffer from back pain, have done so for decades, due originally to "soft tissue" injury. Surgery may have a 50% success rate, and I've been told to not chance it unless pain or other symptoms make it unavoidable. A problem I have with the VA is correctly determining a disability level, since I don't normally require treatment beyond the same drugs used for other conditions that are SC'd.

Edited March 14, 2013 by Chuck75

[88 mike]

Yes I have filed a lawsuit against my former employer and yes I do take.medications that has serious side effects. My doctor.said that it would be wise for me not to do anymore heavy.lifting. Also.my surgery.doesn't.have a gurantee. Thanks guys and if you think of anything.else let me know

[deanbrt]

"Then again VA might say .......just get a job where you only need to lift 10 Pounds."

That is how I see it going, at least for now.

[Ret.Navy]

You may want to submit a claim for IU. if you fit the criteria, If not I would definately file for an increase which may bring you to the rating(s) required to apply for IU which is what happend in my case. IU is not for those that just can not return to their former job, but those that cannot do any job. Another consideration could be chapter 31 (voc rehab). If found to have a serious employment handicap you could return to school or get training for a new field which may not not aggravate or be affected by your disability. Chapter 31 also pays a monthly stiepend (depending on traing type, hours, and dependents). I just experienced a simular situation and it has taken me three plus years claims and appeals included. I say this to prepare you, not discourage you. Good Luck.

Chapter 31: http://www.vba.va.gov/bln/vre/

Also, I would get a second, third opinion before another back surgery. I wish I would have.