Tdui For Pending Claim

[63SIERRA]

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 November 30, 2013 by 63SIERRA

[meghp0405]

63Sierra,

Brother, I've been reading your posts for awhile. I am betting that you wish you had the knowledge that you now have when you first submitted your claim. I think we all do! Your claim is a perfect example on what a piss poor VSO can or can not do for a veteran. If the VSO doesn't know what they are doing, they can actually hurt the veteran more than assist, again, a statement that we all know to well.

This is the main reason, I waited so long before I finally made the commitment to volunteer as a VSO.

We have had conversations back and forth, and I only hope that I (and along with others here at hadit) have provided you some sound advice. I wish that you would of had a competent VSO when you first started this journey. I believe that if your VSO was competent at the beginning, we all wouldn't be having this conversation today.

I can only offer some additional advice in regards to your recent posts, a valid argument concerning an issue can be enough to have your claim re-examined, if you have medical evidence to back up that argument.

With the many issues that you have, I would also recommend that you submit a VA FM 21-8940 for TDIU. It's not going to do any more damage to your claim than what's already been done.

You can use buddy statements from friends and family. Be cautious when doing this. If the individual explains what he/she has witnessed and the frequency, if that's all they put in a statement, that's good. But when they say "I saw him suffering from migraines" unless they are medical authority, the VA is going to disguard the statement. They can say, I observed him on many days with what appeared to be intense pain coming from his head which caused him to vomit, caused him to be unstable, etc. I just used migraines as an example because this is what many spouses do that I have observed. The minute, they use a diagnosis, the creditability of the statement diminishes.

Continue your fight, I believe that you will prevail..

[63SIERRA]

THANKS meghp. I just finished filling out the forms for TDUI, and statement in support of claim, I wrote the 3 major issues in box 7, even though one (back condition) is not yet service connected. I believe that will let the va know, that im in strong belief that it is service connected, and confident that it will be rated as connected in the near future.

I also requested " a current list of codes they used to rate me". I dont really know what its about, but my at the moment 'counsellor" who is an attorney told me to do that. I think it will tell exactly what codes they denied me with, so we can start punching holes in them.

The attorney told me once that is requested, they will know that I have a attorney in the mix, and things will take on a different ... how shall I say... level of attention. The va knows what the general public asks for, and what attorneys usually ask for, and how they go about it. It looks like by the time my claim is finished, Im going to know a heck of a lot more abt how the va system operates than I ever would have dreamed. And so far, it stinks like rotten beans in skunks ass.

[63SIERRA]

The lawyer expalined to me what the likely real reason is that they are giving me such a hard time. Hepatitis C. They are stereo typing me as a low life, scum of the earth druggie, who is sitting in front of the va with my decorated double mini shopping card that I stole from krogers, with greasy hair, dirty jeans, and my rotten tooth ole lady sitting right there with me, waiting on uncle sam to give us handouts.

Nothing could be more wrong. They will find out, that they arent dealing with a dumbass, as time goes on. I am a clean cut, alchohol free, cigarrette free, illegal drug free, married hard working father,(until recently I cant work), who has excelled in everything I ever done in my life that ive put my mind to. I would much rather be riding in my truck fixing a/c systems and appiances., and yanking down 100 to 300 a day, and sometimes a grand a day. Just doing my thing, instead of dealing with the insanity of the va system. I started my own business from nothing and it thrived until I shut it down last year. Thats ok though, I will turn it around and use that against them to work in my favor. Im watching them like a one eyed cat sitting in front of a seafood store. when they screw up, I will catch it.

[63SIERRA]

I am taking the time to share my story so others that come after me, can see what the va does and learn from it. Maybe some of the newer veterans can recognize the shananigans that the va uses early on and circumvent thier efforts, and win .without going thru the rigamaroo that I am going thru. I have learned so much in a short time on this site, and truly am grateful to those who share the information and thier stories.

Some fine day, those who are playing god and abusing the veterans because of thier earthly position of power, will have to answer for what they have done. God loves the soldier, who fights for rightoutiosness. The soldier is the picture of humility.

[john999]

With all your problems I would put in a claim for depression as secondary to your SC medical conditions. I would go easy on the clean-cut image. If you look too good they will not believe you are in misery. When I go to the VA I just go the way I am feeling with is pretty bad most of the time. AskNod could help with the Hep C. The VBA believes that most vets are there just to get money. Over the last 40 years they have called me a fraud, a liar, and a psychopath. Hey, SOP when you file a claim and appeal and appeal.

John

[63SIERRA]

When I went see my SS disabilty lawyer he suggested I see someone abt depression, as we were talking and he heard my story, and I guess I was quite emotional, as I told him what Id been thru.

I feel like the va didnt care enough, to track the tunor on my kidney and it caused me to lose it. On the same token, in grateful for the doctors that performed the surgery and saved my life. I am in a ethical and moral conflict. I feel someone should pay, for negliciting my health care, yet I feel bad abt pursuing a malpractice claim as well. It is affecting me emotionally. Also, I know I will need helathcare for life, how will the va treat me,later on knowing I brought legal action against them. I will always have to question everything. are they giving me proper care, or are they misleading me. I also have a great feeling of resentment towards the VA. I see how they operate and its not fair. I see people get service connected for things like, right knee strain, left knee strain, right ankle strain left ankle strain, indigestion, elbow stain, hip strain, and on and on. I almost died twice, and still have extensive liver damage, residuals of removal of kindey from cancer, , a very painful back condittion, sleep apnea, erection dysfunction, residuals of corneal abrasion, heria operation, detached retina in the other eye that they are denying happened under chemo treatment, painful dominant left hand that was broken in basic, shoulder joint pain, all service connected., and they have me at 60 percent. its pathetic. Ive been taking the high road, and trying to be honest,. I dont want to claim mental issues, even though I know I could win doing that, I am not going to let the VA change the content of my character, or cause me to comprimise my integrity . I kn ow a guy, he retire abt 15 years ago,. He never was much on filing claims, until they started paying retirement pay and disablitly in 2004. Once he found that out, all of a sudden he has a nagging back and neck injury that he suffered in the army, and suddenly has PTSD, and is scared to sit near windows in a resturant. presto 90, percent. .. you win liar.....its funny how his ptsd wasnt so bad before he found out he could collect all of his retirement and all of his rated va comp. yet I have tangible, provable undisputable evidence ans they still screw me