My C&p Exam, Need Some Input

[lcplcookba1]

First I want to thank the members of this forum, wow, what a vast data base created by the finest men and women that ever walked the face of this earth. Semper FI to all.

So I was medically discharged after a HUMMER hit my MC as I was just minding my own business in 1987. The right side of my body was pretty much destroyed. Currently, I am rated at

20% degenerative disc disease 5243

20% residuals first and second metatarsals 5010-5284

10% residuals gamekeeper 5010-5224

10% interverbial disk syndrome 5243-8522

10% post operative residuals removal of the plica 5257

10% Chronic Bronchitis 6600

0% scars 7805

Combined Rating 60%

Rating decision was 2010

Jan 2015 I had another C&P exam

My current issues are increased pain in back, right leg is completely numb and aching I've been diagnosed with peripheral neuropathy of both feet, sleep apnea, High blood pressure high cholesterol, diverticulitis, gout, yada yada yada.

I'm prescribed 8 Vicon a day 2700 mg gabapentin, linsipril, samivstatin, indomethicine oh man its a full hand full of stuff just to function everyday. I have VA shoes, a cane and a walker. I'm not good. But it is what it is.

The DR commented that my Pulmonary exam was terrible but didn't expand. I tried to comply with everything he asked of me but I'm very guarded when it comes to my pain as it takes weeks to heal.

I haven't worked in 2 years and was making 72k as a sheet metal worker. My life feels like its over but I have custody of 3 ids 11,15 and 17 and must carry on for them.

The wait is murder to find out if the VA will rate me 100% IU. Can I get some input from you guys

Thanks Cook BA

I'm 49 Y/O and feel like I'm 70.

(440765218) C&P exam-pdf.pdf

Edited February 2, 2015 by lcplcookba1

[free_spirit_etc]

Good luck with your claim!

It looks like most of the issues that the doctor checked impacted your ability to work, the doctor also stated that they were less likely than not related to your SC conditions. You might want to consider getting an Independent Medical Opinion on this and see if another doctor thinks they are related.

Have you applied for SSDI?

[lcplcookba1]

Good luck with your claim!

It looks like most of the issues that the doctor checked impacted your ability to work, the doctor also stated that they were less likely than not related to your SC conditions. You might want to consider getting an Independent Medical Opinion on this and see if another doctor thinks they are related.

Have you applied for SSDI?

Yes I applied feb 2013, still waiting for my day in court. So the fact the dr found my service connected issues affected my ability to work will the rater take that into consideration on my IU clain. Most of the less likely's were to new claims so Im not surprised. Is there a list of vet friendly Civ drs I can find, I havent worked in 2 yrs so I dont have ins, I live in OH thanks!

[free_spirit_etc]

Are you going for increased ratings also? Some of the ratings seem a bit low in regard to being unemployable. (However, I am not very familiar with TDIU claims). It will definitely help if the doctor states your service connected conditions prevent you from working, or limit you so much that it would be difficult to find a job that you can do.

As far as SSDI, all conditions should be considered, regardless of whether they are service connected or not.

I wouldn't be completely convinced that your service connected conditions are not related to your other conditions. So I think you are wise to seek the opinion of a private physician.

As far as SSDI, you mention a walker and cane. Do you have to use a walker much? Or two canes?

You might want to read http://www.socialsecurity.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm

"(1) Definition. Inability to ambulate effectively means an extreme limitation of the ability to walk; i.e., an impairment(s) that interferes very seriously with the individual's ability to independently initiate, sustain, or complete activities. Ineffective ambulation is defined generally as having insufficient lower extremity functioning (see 1.00J) to permit independent ambulation without the use of a hand-held assistive device(s) that limits the functioning of both upper extremities. (Listing 1.05C is an exception to this general definition because the individual has the use of only one upper extremity due to amputation of a hand.)

(2) To ambulate effectively, individuals must be capable of sustaining a reasonable walking pace over a sufficient distance to be able to carry out activities of daily living. They must have the ability to travel without companion assistance to and from a place of employment or school. Therefore, examples of ineffective ambulation include, but are not limited to, the inability to walk without the use of a walker, two crutches or two canes, the inability to walk a block at a reasonable pace on rough or uneven surfaces, the inability to use standard public transportation, the inability to carry out routine ambulatory activities, such as shopping and banking, and the inability to climb a few steps at a reasonable pace with the use of a single hand rail. The ability to walk independently about one's home without the use of assistive devices does not, in and of itself, constitute effective ambulation.'

Also -- You mention you are 49. When do you turn 50?

The whole game changes for Social Security when you turn 50. The standards to meet to be considered disabled are not as limited. They start basing it more on whether you can do the work you used to do, rather than whether you can be retrained to do something else.

http://www.ssa.gov/OP_Home/cfr20/416/416-0963.htm

"© Younger person. If you are a younger person (under age 50), we generally do not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances, we consider that persons age 45-49 are more limited in their ability to adjust to other work than persons who have not attained age 45. See Rule 201.17 in appendix 2 of subpart P of part 404 of this chapter.

(d) Person closely approaching advanced age. If you are closely approaching advanced age (age 50-54), we will consider that your age along with a severe impairment(s) and limited work experience may seriously affect your ability to adjust to other work.

(e) Person of advanced age. We consider that at advanced age (age 55 or older), age significantly affects a person's ability to adjust to other work. We have special rules for persons of advanced age and for persons in this category who are closely approaching retirement age (age 60 or older). See § 416.968(d)(4)"

Sorry I haven't been much help with the TDIU claim. I just know a little bit more about Social Security.

[Guest]

What most people who suffer from chronic pain don’t think about or is willing to admit is that they most likely suffer from some form of depression/anxiety. You may want to check with your doctor to have him/her refer you to mental health for depression/anxiety due to your service connected conditions and if they treat you, you can also file a claim for depression/anxiety caused by or as a result of your already service connected conditions. Get it documented in your VAMC records and go from there.

This is another way to raise your combine rating percentage.

Hope this helps.

Pete

P.S. I posted this to another post but changed it to fit your situation. Have you filed a claim for depression/anxiety? If VA denies your claim for IU, you may want to file a claim for depression/anxiety but keep in mind that you will need a doctor's nexus statement that your already service connected conditions causes your depression/anxiety or your depression/anxiety is the results of your already service connected conditions.

[georgiapapa]

lcplcookba1,

I wish you well but I have to agree with Navy and others. Based on the comments in your C & P exam and your current ratings, I just do not see TDIU being granted.

The statements by your C & P doctor indicating your current service connected disabilities impact your ability to work is a step in the right direction but you will have a difficult, if not impossible task, trying to get TDIU without a strong IMO using the criteria which can be found on this website. Others on Hadit may give you recommendations on doctors who provide IMOs for your specific conditions.

Other criteria to keep in mind to receive TDIU, you must have,

At least one (1) rating of 60% or higher or;

At least two (2) ratings with one rating of 40% or higher and a minimum combined rating of at least 70%;

and the service connected disabilities prevent the veteran from seeking or working in substantial gainful employment.

Of course, my opinion may differ from others on this website. You should do your own research on TDIU and on your specific disabilities. I would suggest reading 38 CFR part 4 as this contains the rating tables used by the VA to determine ratings based on the severity of your conditions.

Good luck.

[lcplcookba1]

I really appreciate everyones help, good or bad for me, i want to hear it all, The stuff in this exam is just the stuff I could think of that was wrong with me when I spoke to the VSR. Of course I have depression I take 35 pills a day just to get out of bed. and my doc would give me a referal in a heart beat. I hav diverticulitis, bowel issuse from the narcs ED from all the service connected meds My hand was broken and I get 10 percen for risiduals for that which wasnt even part of this exam, I use a hammer for a living I'm sure I could think of 5 more things . Of course they didnt find any nexus between my left leg and my right Ive only had a limp for 30 years That has nothing to do with my right other than bearing most of my weight for 30 years right? right! So Had it is right, they want a pain in the a$$ THEY GOT ONE, LOL I never quit anything in my life, I won't give up, just advance in another direction, as fast as my walker and service connected disabilities will allow of course .If I could find a decent dr who took new patients and didnt have skin in the VA Game, I'd be all set, Oh hey if SS find you unemployable does that help with your VA case. Binder and binder took my case so they obviously thought I had a case anyhow thanks so much guys! If anything it helps to have someone to talk too

Edited January 28, 2015 by lcplcookba1