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]

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.

I thought that too, but I ran across this website http://www.veteranslaw.com/content/total-disability-individual-unemployability-tdiuthat said

"A veteran is entitled to a 100% disability rating if he can establish that his service-connected disability[ies] preclude him from obtaining gainful employment. In VA law, such claims frequently go by the abbreviation “TDIU”, referring to a Total Disability rating based upon Individual Unemployability. It is a common misunderstanding that a veteran can only qualify for a TDIU rating if he meets certain percentage disability requirements: namely, a single service-connected disability rating of 60%, or a combined service-connected disability rating of 70%. Unfortunately, through many of its notices to veterans, the VA is largely responsible for this misunderstanding. The truth is that a veteran can qualify for a TDIU rating any time one or more of his service-connected disability[ies] prevents him from obtaining employment, regardless of the percentage of the disability rating."

So getting TDIU might not be easy without the 60 or 70 percent service connection -- but it might be possible.

[free_spirit_etc]

I ask again, Social security deems you unemployable, will the VA Follow suit, has anyone found this to be the case? ThanksI ask again

Not necessarily. Social Security's decision would be based on whether all your disabilities combined prevent you from working, while the VA will consider the SC disabilities.

I didn't get from the C&Ps that the doctor was saying the conditions prevented you from working, but that they impacted the types of work you could do.

That was one of the reasons I asked if you also had problems with prolonged sitting. I know the C&P stated you had trouble with prolonged walking, and lifting and bending. But a lot of people with back conditions also have trouble sitting for substantial periods - which also rules out many sedentary jobs that someone who is merely unable to walk or stand for long periods can do.

Hopefully you can get a good IMO that can connect the left side conditions to the right side conditions. Maybe you could ask the rater to drag his right side around for about 30 years and see if it doesn't affect his left side.

Edited January 28, 2015 by free_spirit_etc

[free_spirit_etc]

I know you are looking for doctors in your area. This guy is a bit far from you, and I don't know much about him. But he might be able to help.

http://www.ellisclinic.com/

Maybe some folks here have had some experience with him.

Edited January 28, 2015 by free_spirit_etc

[georgiapapa]

free_spirit_etc,

I agree with you about it being possible but I don't think it happens very often. I can not recall any successful TDIU cases on Hadit that did not meet the standard criteria. If other Hadit members have received TDIU without meeting the standard criteria, please respond and let lcplcookba1 know how you went about receiving TDIU.

Georgiapapa.

[lcplcookba1]

Not necessarily. Social Security's decision would be based on whether all your disabilities combined prevent you from working, while the VA will consider the SC disabilities.

I didn't get from the C&Ps that the doctor was saying the conditions prevented you from working, but that they impacted the types of work you could do.

That was one of the reasons I asked if you also had problems with prolonged sitting. I know the C&P stated you had trouble with prolonged walking, and lifting and bending. But a lot of people with back conditions also have trouble sitting for substantial periods - which also rules out many sedentary jobs that someone who is merely unable to walk or stand for long periods can do.

Hopefully you can get a good IMO that can connect the left side conditions to the right side conditions. Maybe you could ask the rater to drag his right side around for about 30 years and see if it doesn't affect his left side.

lol yes I would love to pose that question to the un named source that holds my life in his hands But I did tell the dr that I had to lay down and couldn't sit stand walk or stay in the same position for very long without the pain driving me to a new position to find some relief. I didn't see that noted either, He was a VA DR this time my last CP exam was with an outside DR as part of the tiger team push in 2010. What can be done short of an appeal to clearify discrepencys in the exams findings and omitted material, Anything. What is a DRO? Can you request your exam be scene by a senior rater? I thought I read something about that here

Edited January 28, 2015 by lcplcookba1

[lcplcookba1]

free_spirit_etc,

I agree with you about it being possible but I don't think it happens very often. I can not recall any successful TDIU cases on Hadit that did not meet the standard criteria. If other Hadit members have received TDIU without meeting the standard criteria, please respond and let lcplcookba1 know how you went about receiving TDIU.

Georgiapapa.

I'd love to be the first but the results of my exam, if the VA Follows the guidelines should allow me to meet the standard criteria. The American legion Rep said from what he is seeing it shouldn't be long before I find out

Edited January 28, 2015 by lcplcookba1