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

[lcplcookba1]

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.

I found this It would seem to me if the rater is using this criteria and multipul times in my report its repeated that I'm unable to preform work, the logical conclusion is I'm unemployable. what else am I missing

§ 4.2 Interpretation of examination reports.

Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes.

Edited January 28, 2015 by lcplcookba1

[lcplcookba1]

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

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

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

I was issued a walker and yes I use it if I know I have to be walking for a distance Mostly just a cane

[georgiapapa]

lcplcookba1,

Personally, I believe the medical conditions you have described make if difficult for you to work and I hope you eventually get TDIU. You and I may reach a logical conclusion that you are unemployable but you are dealing with the VA which applies federal law, written policies and established criteria to reach a conclusion rather than logic or common sense.

Perhaps I overlooked it when I read your C & P report, but I do not recall the examiner saying you are unable to work. The examiner used the following phrases indicating limitations on your ability to work: "unable to walk or stand for prolonged periods of time", "limited bending or lifting", and "unable to engage in strenuous activities." Also, some if not all of the conditions he indicated were causing these limitations were condtions the examiner determined were "less likely than not" caused by your service connected conditions. In other words, most, if not all of your work limitations referenced in your C & P report were not caused by service connected condtions and as a result would be given limited or no consideration for TDIU.

Keep in mind Rating Specialists at your RO have to make their determination as to service connection and severity of service connected conditions based on the evidence they are given and applicable laws and policies. Absent an IMO or other evidence to the contrary, they will heavily rely on the C & P examiner's report to determine if your claimed conditions are service connected. The Rating Specialist will use 38 CFR part 4 and review the symptoms noted by the C & P examiner for your claimed conditions and apply the appropriate disability rating according to your level of disability for each service connected condition. When considering additional disability compensation such as TDIU, the Rating Specialist must follow the criteria set forth by the VA regarding eligibility for TDIU. This criteria includes my references in my previous post. At the present time, you do not meet the criteria since you do not have a single rating at 60% or two ratings or more for a combined rating of 70% and at least one rating of at least 40%. The C & P examiner also never stated you could not engage in all forms of substantially gainful employment (e.g.- sedentary office work).

Again, a good IMO is your best chance of being service connected (primary & secondary) for additional medical conditions and to meet the criteria for TDIU and possibly P & T at some point in the future. A good IMO is a good investment in your financial future.

Good luck and Semper Fi.

[lcplcookba1]

lcplcookba1,

Personally, I believe the medical conditions you have described make if difficult for you to work and I hope you eventually get TDIU. You and I may reach a logical conclusion that you are unemployable but you are dealing with the VA which applies federal law, written policies and established criteria to reach a conclusion rather than logic or common sense.

Perhaps I overlooked it when I read your C & P report, but I do not recall the examiner saying you are unable to work. The examiner used the following phrases indicating limitations on your ability to work: "unable to walk or stand for prolonged periods of time", "limited bending or lifting", and "unable to engage in strenuous activities." Also, some if not all of the conditions he indicated were causing these limitations were condtions the examiner determined were "less likely than not" caused by your service connected conditions. In other words, most, if not all of your work limitations referenced in your C & P report were not caused by service connected condtions and as a result would be given limited or no consideration for TDIU.

Keep in mind Rating Specialists at your RO have to make their determination as to service connection and severity of service connected conditions based on the evidence they are given and applicable laws and policies. Absent an IMO or other evidence to the contrary, they will heavily rely on the C & P examiner's report to determine if your claimed conditions are service connected. The Rating Specialist will use 38 CFR part 4 and review the symptoms noted by the C & P examiner for your claimed conditions and apply the appropriate disability rating according to your level of disability for each service connected condition. When considering additional disability compensation such as TDIU, the Rating Specialist must follow the criteria set forth by the VA regarding eligibility for TDIU. This criteria includes my references in my previous post. At the present time, you do not meet the criteria since you do not have a single rating at 60% or two ratings or more for a combined rating of 70% and at least one rating of at least 40%. The C & P examiner also never stated you could not engage in all forms of substantially gainful employment (e.g.- sedentary office work).

Again, a good IMO is your best chance of being service connected (primary & secondary) for additional medical conditions and to meet the criteria for TDIU and possibly P & T at some point in the future. A good IMO is a good investment in your financial future.

Good luck and Semper Fi.

Yes Sir, thanks for the great jolt of reality. I do agree with what you say. There is one thing to know you can't work and the other is proving it. According to my calculations and followong the federal guide lines. My SC bronchritis will be rated at 30% with an FEV-1 of 62% after inhaler and my DDD at 40% with forward flexion of 25 deg. if all other ratings remain the same gives me a combined rating of 80%. I know God probably grows tired of working these claims, but if He doesn't get mine on a Friday or a Monday, I still have Hope. I've called 15 Dr's offices in the Toledo Area. No Doctors are taking new patients primarily because of Obama Care or so they say. I offered cash, still no takers. Well I'm off tto get my diabetic Shoes from the shoe van man TOPC. I don't have diabeties but I have the foot pain, go figureif I ask again, Social security deems you unemployable, will the VA Follow suit, has anyone found this to be the case? ThanksI ask again

Edited January 28, 2015 by lcplcookba1

[georgiapapa]

I hope things work out for you. If you get the 40% for DDD and end up with a combined rating of 70%, you would be a good candidate for TDIU as long as your evidence shows your service connected conditions keep you from seeking or working at significant gainful employment. Please keep us posted as I hope you achieve TDIU status or better yet, 100% P & T status so your 3 children will have Chapter 35 educational benefits and Champva healthcare benefits.

Good luck.

[lcplcookba1]

I hope things work out for you. If you get the 40% for DDD and end up with a combined rating of 70%, you would be a good candidate for TDIU as long as your evidence shows your service connected conditions keep you from seeking or working at significant gainful employment. Please keep us posted as I hope you achieve TDIU status or better yet, 100% P & T status so your 3 children will have Chapter 35 educational benefits and Champva healthcare benefits.

Good luck.

thank you Sir I should have a desision soon enough