Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Tdui For Pending Claim

Rate this question


63SIERRA

Question

My question is this. The main reason I am disabled is because of my back condition, spondydlolysis thesis. with degenerative disk disease/ .. I currently have a claim with the va on reopen that has been denied twice before in the past. I recently submitted new evidence, and have good evidence, that I believe I will prevail, even if it takes going to administrative review. I want to file for TDUI now, to preserve my date, also if my health keeps getting worse, and im in a wheelchair, I dont want to be just starting when I am in desperate need/.. I am already rated at 60 .. 40 for hepc, and 30 for residuals of kidney removal due to kidney cancer. My back is what bothers me the most though, and debiltates me quite often. most times that Im here typeing the massage cusion is on full blast , to make sitting bearable, (because I was standing or went for a walk or did the dishes or something small and my back started throbbing.

So thats the question. even though I will also list current service connected claims, should I also list the back conditon as a reason too. thanks.

Edited by 63SIERRA
Link to comment
Share on other sites

  • Answers 27
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

the va will send me to a C & P anyway, and I have learned, you can be proactive at cp exams. I make sure that before I leave, the doctors know exactly what my problems are. If they dont ask I tell them, show them, whatever it takes. If they screw it up, I inform the va that they screwed up, and get a redo. I even specifically requested the same doc they sent my wife to, and they sent me to him.

Im seeing that you must tie everything to the medical evidence. The cp doc doesnt know much abt u, just a few records on thier screen.

Im not pushy or try to bamboozle the cp docs, but im VERY proactive in the exam. That way he or she cannot say, well he didnt say that scar was painful, or he didnt indicate this or that,. If the cp doc gets the ass with you for trying to assist, then they are not the doc u want anyway. One cp doc I went to, was a germaphobe, wouldnt shake my hand, acted like he didnt even want to be near me,. he goofed my exam up royally., I suspected he would. I read his report, pointed out errors, filed a reopen, and got a second cp exam by a doctor that was squared away,. The doc that goofed up my exam, was the " chief" CP doc in my area. I think I know how he got the title. By screwing veterans over.

VA will always support what the examiner states versus the claimant and say the examiner is

a licensed physician and the claimant is not.

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

My question is this. The main reason I am disabled is because of my back condition, spondydlolysis thesis. with degenerative disk disease/ .. I currently have a claim with the va on reopen that has been denied twice before in the past. I recently submitted new evidence, and have good evidence, that I believe I will prevail, even if it takes going to administrative review. I want to file for TDUI now, to preserve my date, also if my health keeps getting worse, and im in a wheelchair, I dont want to be just starting when I am in desperate need/.. I am already rated at 60 .. 40 for hepc, and 30 for residuals of kidney removal due to kidney cancer. My back is what bothers me the most though, and debiltates me quite often. most times that Im here typeing the massage cusion is on full blast , to make sitting bearable, (because I was standing or went for a walk or did the dishes or something small and my back started throbbing.

So thats the question. even though I will also list current service connected claims, should I also list the back conditon as a reason too. thanks.

i am going to play devils advocate here. if i understand, you want to apply for IU because of a back condition which prevents you from working. but you aren't service connected for your spine. how would you prevail here, unless i am missing something important. i received IU partly because i am 40 percent for my back and 30 percent for depression/anxiety. i am also wheel chair bound. the ortho who did my c&p ended my exam after 10 minutes saying there was no way i could work. and i also had statements, as well.

Link to comment
Share on other sites

VA will always support what the examiner states versus the claimant and say the examiner is

a licensed physician and the claimant is not.

yes, but the VA took my statements (from my caretaker and my best friend, a journalist like myself who had worked with me several years ago and had seen my physical deteroration first hand) into consideration when they adjudicated my IU.

Link to comment
Share on other sites

I have a calim pending for the back condition, and from what im understanding, there is no way they can LEGALLY, deny my claim., If not caused by, it was absolutely aggravated by millitary service, and I have extensive medical proof. It may end up going to the board of appeals, but I know I can win. If I file for TDUI for my hepc residuals, and kidney removal residuals, I think they may deny me.

My situation is complicated, because I also have a fresh claim for residuals of endocrine dysfunction. I just found out I could claim it because they removed most of one of my adrenal glands. aside from that, I have an eye claim pending, a scar claim pending, and will possibly file appeal on a sleep apnea claim that was denied, and shoulder joint pain., So as u can see, I have alot going on,

The problem is, the va cannot keep pace. Yet im not going to put myself at a disadvantage, and not file the TDUI CLAIM, because the Va has thier head up thier arse.

ASIDE from everything else, since the adrenal gland removal, I have felt depressed. I found out that the right adrenal gland affects emotions, ability to deal with stress, (it signals the brain ), and sex drive. I was recently diagnosed with ED. I have not seen a mental health doc yet, but plan to soon.

The human body is a system, everything is in a balance.. When one component is not right, other things get affected, and they affect other things.

LISTEN UP. NO DOCTOR AT THE VA WILL TELL U THESE THINGS. I had to research them myself. I knew I felt different after surgery,. but didnt know why/. now I know/

Edited by 63SIERRA
Link to comment
Share on other sites

VA will always support what the examiner states versus the claimant and say the examiner is

a licensed physician and the claimant is not.

if what the examiner states doesnt correspond with the medical evidence that is of record, you can dispute thier opinion. you see thats the problem, the va want you to believe everything they do is a final action.

THE CLAIM IS NEVER FINISHED UNTIL THE VETERAN SAYS ITS FINISHED. that is the one thing we have going for us. they cannot make us go away. Im 46 years old. If I live to be even 86 thats ALOT of years, of constantly engageing them, to get my fair compensation,. I will not quit. Too many good men sacrificed so much, to dishonor them by giving up. It is our duty as being amongst the living, to fight the hickeyheads at the va for our rights. I will not let my bretheren soldiers have died in vain.,

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use