hypertension New Attorney Or Represent Myself? Complex Case

[dav_marine72]

Hi Everyone,

I fired my attorney's a couple of month ago. I have always worked my own case but picked them up for the U.S. Court. We got a joint remand on the 4 issues but after it made it's way back to the RO they dropped the ball. They knew they did because I asked for them to walk away from a possible 14-year payout and they did. Not sure if I should work this myself, get a local service officer (Work with them), or get another attorney. Here is the quick (if that’s possible) update on my case.

Joint remand issued at USCAVC in 2010 for increased ratings of both feet (Fractured in service), Back Condition, and chronic right testicle pain back to 2000. Also on appeal is an initial mental rating (Adjustment Disorder) which is secondary to my chronic pain (back) awarded 30% in 2005 and 50% in 2008. Furthermore awards for A&A or SMC (s) back to 2009. When the remand came back from the VACAVC the BVA awarded an increase for my hypertension to 10%, awarded a service connection for GERD 10%, and gave me SMC K for erectile dysfunction from the mental medications I take.

The RO did all new exams (11) in 2013 and rendered a decision in July 2013. The decision increased my back rating from 40% Orthopedic and combined 10% for my lower extremities (Neurological) to an increase to 40% of the left leg and 20% for the right leg. My back was originally awarded service connection in 2000 with a 20% rating. Then in 2008 the BVA award the 10% for combined lower extremities to 2002. Strange how they bucketed my legs together but then choose the left leg as an increase and the right as a new SC. They said they had no evidence before July 2013 to give increased rating of my legs back to anytime back to 2002 when VA law changed and the ratings could be based on orthopedic and neurological symptoms.

As far as the back goes I had L3-L4, L4-L5 discectomies in 2000 which gave me no relief prompting me to put in for SC right after. I have well documented muscle spasms, severe leg pain, etc. from 1997 - 2006. From 2006 - 2009 I was seen at a pain clinic and given high doses of opiates, several shots, etc. When I first saw the pain doctor he diagnosed in addition to totally desiccated discs from L3-S1, scar tissue from the first surgery entrapping the nerve roots. He explained he would try to break up the scar tissue with the injections but because it had been there since 2000 it would be nearly impossible. He further went on to explain that the pain in both my legs down to my feet were concurrent with the nerves being entrapped by the scar tissue and the damage from the 3 discs. In 2009 I had an L3-S1 3 level fusion with titanium cages installed. This caused me 100% more pain and I could not go back to work. In 2010 I was awarded TDIU based on my back and mental conditions. I had a statement from a VA mental health doc stating my mental condition alone could have rendered me unemployable but with my back and everything else I suffered from severe impairment in occupational and social functioning. Since this surgery I have basically only left my house for medical appointments. I had a spinal stimulator implanted in 2010 at a VA facility. I continued to be on 300 mg + of Oxy, Morphine, or Dilaudid until I recently switched over to Suboxone at the VA a couple of months ago.

Both of my feet were fractured during service months apart. I have high arch feet (Pes Cavus) and they believe the combination of the breaks and my feet structure caused my back problems. My right foot was awarded 10% since 1996. My left was awarded 0% since 1996. Both are on appeal for higher ratings since 2000. The USCAVC stated in the remand I needed new exams and both my feet should be looked at possibly being rated under acquired Pes Cavus for a higher rating. Mind you I asked and have in my case file a letter where I asked for service connection for Pes Cavus in 2002 just to cover my butt. The RO and BVA ignored the request. I now have arthritis, severe ankle equinus, and nerve entrapment of the top of my feet, Pes Cavus and severe pain in both feet. I have VA and civilian records showing these diagnoses back to 1996 when I got out of service. I recently had an IME done and will be submitting next week to the RO. In the IME the doctor reviewed all my service and civilian records from 1991 - present. Including the 20+ feet x-rays done at the VA. He is supporting my claims with nexus letters for the arthritis, severe Pes Cavus, severe ankle equinus, nerve entrapment, etc. as either being worsened by my military service or directly caused by the breaks of both feet and my Pes Cavus structure. In July 2013 the RO denied higher ratings for the feet. Their logic was I'm not service connected for Pes Cavus and even if I was no higher ratings are shown. At minimum based on the evidence I have I would rate 40% combined for both feet back to 2000 -2002. My former lawyers though this was my strongest case.

My mental ratings are on appeal from initial ratings back to 2005. Since 2000 I have been on large doses of ativan and Zoloft or some form close to it. Up until around 2011 I was drinking heavily on the benzos, opiates, etc. In a 2008 exam the VA doctor stated I have severe impairment in Occupational and social functioning. He stated furthermore that I have almost zero impulse control and that partake in high-risk activities that could harm others or myself. This was in addition to all my doctors and the examiner diagnosing me with anxiety / panic attacks daily, major depression, and obsessive compulsions. Again in 2009 a VA doctor stated that my mental condition alone caused me to be unemployable. He couldn't even understand how I was able to maintain employment from 2000 - 2009. I also have passive suicidal tendencies well documented. In July 2013 the RO denied me a higher rating from 50% back to 2008 and 30% back to 2005.

The A&A and or SMC (s) was claimed after my L3-S1 fusion surgery in 2009. The VA examiner stated that due to my service connected disabilities my wife couldn’t work and needed to take care of me. I can’t lift anything or ties my shoes. I almost set the house on fire one night because I left something burning on the stove and was too intoxicated on my meds to notice. I flooded the bathroom and my garage because I didn’t shut off a sink in the bathroom. My wife submitted a statement detailing all this and the fact my legs give up at times and I fall. The examiner concluded that I was harm to myself and my wife needed to supervise me. Her words. The RO denied the request saying I take to bed myself and have not been prescribed bed rest or I am not permanently bedridden. They gave so rational for not awarding SMC (s). I was award SMC (s) from January 2009 to July 2009 and then taking back from there on.

Sorry for the book folks but this is my life. To further complicate matters I was able to work from home 2011- 2013 and make more than the poverty limit. The VA is now trying to reduce my TDIU P&T to 90% on the schedule and no P&T. Currently my combined SC is 94.4 % rounded down to 93%. I am hoping some of my appeals will just push me up to 95 to get 100 (100%) and then if I can work again I won't have to worry about them. Most recently I was fired from another job. This has been a trend for me 2000-2009. I was written up for missing deadlines, not getting along with others, etc. in November 2013. Then fired in January 2014. Mind you this was all while working from home in bed LOL. Yes I am special (Shaking my head). I since have realized I started working again because I couldn't wrap my mind around losing that part of me. I have always been high functioning with all my issues. I couldn’t deal with losing my career in 2009 and was drinking myself to possible death. I got back on SSDI in February 2014 because I was still under probation with them. Since losing my job in January I have been at the VA mental health ward pretty much twice a week. I am in a Subxone addiction program / group. I am in a how to deal with chronic pain in daily life group, anger management group, and a one on one therapy program at my local VA.

I was awarded SSDI in 2009. I notified them in 2011 when I went back to work. Since I was still under their probation period I was able to get this re-instated in February no questions asked. I filed my employment form with the VA last July, Which was the first one I had received from them. My former lawyer had cautioned about formerly notifying the VA of working. Her take was that I was in a protected environment. My former employer knew I was a disabled Vet and allowed me to work remotely which was not the norm for the company. While working I needed to lie in bed on heat or ice. It caught up with me because my large doses of meds caused me to make errors and my mental issues caused me to have disciplinary problems. Berta had already commented on my lawyer’s error of telling me not to notify the VA. She (My lawyer) had thought I was going to get 100% on the schedule once all settled. Obviously that was bad advice. I since discharged her and I see the error of my ways. I am just trying to move forward and get my case settled.

I know this is a large complex case / issues to digest. Any suggestions for anything going on above is welcome. Thank you!

FYI – My current service connections are as follows:

Back Condition 40% Ortho, 40% left leg, 20% right leg (On Appeal)

Adjustment Disorder (Secondary to Back) 50% (On Appeal)

Asthma 30%

GERD 10%

High Blood Pressure (Secondary to back and leg pain) 10%

Right foot 10% (On Appeal)

Left foot 0% (On Appeal)

Chronic Right Testicle Pain 0% (On Appeal)

Erectile Dysfunction 0% (SMC K)

Eczema 0%

SMC (s) denied (On Appeal)

Iliotibial Band Syndrome (Submitted pending)

Myofascial Pain Syndrome (Submitted pending)

[Berta]

That concerns me as well John......I had even forgot about that part.

What I seem to see here is that the RO decision isn't final.

But there is so much here to read... that maybe best to have a VSO look over all of it.

And this statement:

"Consider the claim for SMC based on the need for aid and attendance or being housebound in light of any rating changes resulting from this decision and any adjudicative actions taken on remand. "

means the SMC mandate will only come into play when the rating decision warrants it, if it does warrant SMC consideration.

Remember SMC S depends on TDIU plus 60 % for a separate independent disability rating or 100% plus independent 60% SC

or

SMC S based on A & A or Housebound status,proven by medical evidence.

.

[dav_marine72]

Thanks John and Berta. They had sent me the employment worksheet you get when you have TDIU in June 2013. I sent the form back in. I then received a letter in January 2014 saying they may be reducing my rate because they didn't get the form for the year before. By then I wasn't working anymore. So I sent my copy of the form I sent in and all my evidence showing how my performance went down hill and eventually was fired again, etc. I supplied my SS records, disciplinary records, etc. So the way you read the remand they don't even have to tell me whether or not I rate SMC, even though I appealed it? Technically my TDIU was awarded for my mental condition. In addition to the mental condition my back is a combined 70%. I'm just going to have to ride it out and see what the decisions in the next couple of weeks bring.