Need An Answer On Iu And Being Rated For 100% P&t

[oldman273]

I have a question? I am confused with the VA. I started out a couple of years ago after getting all my claims in perfecting my claims I got rated at 90%. I had a C&P exam and was awarded 100% P&T I thought that was that. I still make my appointments and some of my medical issues were reported on by my civilian surgeons as " The veterans Service connected back condition after multiple surgeries with hardware and multi level fusion is considered in this Surgeons opinion P&T with no chance of improvement" to that effect. H also wrote to the VA that my back is advanced with arthritis advanced for a person my age and is secondary to the initial injury I had on active duty. No civilian car wrecks or any injuries just secondary to the original injury.

I have been going to the same surgeon for follow ups and now my back is worse the levels above my fusion are herniated on 2 levels and the arthritis is all the way up my spine shown by MRI totally worse than it was before the 4th surgery.

I get a phone call to report for an C&P out of the blue no letter just a phone call. The C&P was not for my back but for Migraines that are now worse than they were before with leasions on the brain shown also by MRI. The nuerologist says it is from the migraines and ruled out MS as well. The VA considers me both IU and 100% P&T with no future exams 2 years ago. Are they on fishing expedition? I know I am paranoid but I never ever trust the VA. I know they can call me in I am fine with that but can I be both P&T and IU at the same time? I also receive SMC as well each month as I need help around the house with bathing and getting dressed my back will not let me have any range of motion being in the shape it is.

I have 2 old claims 1 is a remand that is 14 years old from date of claim and the other claim is over 3 years old I just am not sure what to expect out of the VA. I really would like any ideas. I was told to drop the ongoing claim that is 14 years old but I did not think it was like I am opening up any new claims it is their fault the claims have not been finished. Have a good day.

[Stretch]

If you are 100% P&T the question of TDIU is moot. You may be unemployable, but I doubt that you have TDIU. They are basically the same thing.

If you have a VSO, I would call them and ask what gives.

Maybe you had applied for TDIU when you were 90% ????

Edited August 30, 2013 by Stretch

[71M10]

If you forwarded a surgical report with a doctors independent medical opinon after achieving your 100% P&T, they are obligated to act on it as a claim for increase which of course opens everything up.

[Berta]

“Are they on fishing expedition “

I have VAOLA paranoia too but no I do not think that at all....

VA is supposed to rate every disability they are aware of.

“also receive SMC as well “

Can you tell us the level of SMC you get?

My first thought was the migraines could ,with a new rating,possibly give you SMC S but after reading that you already get SMC, I dont knpow how that would play into your overall SC rating.

“I was told to drop the ongoing claim that is 14 years old “

Who was the idiot (oops) person who told you that?

I helped 2 vets with local claims over ten years old, and they finally succeeded.

One of them had been to the BVA many times and to the CAVC twice, denied denied and then VICTORY.

Can you give us the Docket and Citation number of the BVA remand?

You do get the TDIU or 100% rate now plus SMC but that claim could warrant a higher level of SMC maybe,

or ...I hate to mention this....

.be the most significant claim that could award your spouse DIC ,after your demise.....

When is last time you checked that claim for a status via 800# or IRIS or a vet rep?

Do you already have a SC rating for the Migraines?

Edited August 30, 2013 by Berta

[oldman273]

Thanks so much I just could not understand when I was told I was both 100% P&T and still considered IU. I will try to call again have a good morning

[oldman273]

Hello and good Morning, I wanted to add to your reply Berta.

I will reply by each thing you asked.

1. SMC Level has to be the lowest I am not able to get my VA stuff it is down some stairs and I am home alone. I know I get an extra $300 each month.

2.I must say I usually have good luck with National call center but that was the "Opinion" of the last lady I spoke with up there about the claim. She said I was 100% no further claims need to be put in for.

3. My docket is 07-0882 the claim is still ongoing. The sad part is the last C&P exam I had for my knees the response from the VA used the rater notes and reasoning that the Court of Veterans Appeals said "Was on a Fishing expedition." I feel I have one of those claims that I can win but only if I do not give up.

Every Medical examiner so far has came up with the same diagnosis

Bilateral knees with patellofemoral and medial joint arthrosis mild to moderate from the first C&P In 2000. to the state I am at now looking at bilateral knee replacement at 48 years old. My knees were injured by a twisting fall in 1982 and in the USMC in 1986 in my SMR the corpsman noted Crepitus in my knees after a jeep wreck where I slammed both knees in 1986 in USMC on active duty my knees have gotten worse. I had surgery in the 1990s my knees have their own timeline.

I read where crepitus which is the precursor or beginning signs of arthritis which was noted in a medical exam during service I should have put this in before to explain how the knees went from bad to worse.

4. You know about my last phone call to the call center and I was SC for Migraines secondary to hypertension which is also caused my heart to be enlarged as well. At least my BP is good right now as I am numb to the VA just wary of them I just cannot trust them if you read the docket. Thanks for looking at it give me your thoughts. Have a good morning.

Edited August 31, 2013 by oldman273

[jbasser]

You have a SMC S or total plus 60 percent.

J