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]

The inability to sit for long periods of time can be equally important in determining employability, as it severely limits the types of sedentary jobs a person can do. You can read more about the sit / stand option (and how it relates to SSA) here http://www.ssas.com/selected-issue-topic-sequential-evaluation-process/residual-functional-capacity-and-sit-stand-option/

Basically, they would have to say that there have to be jobs available that allow you to sit or stand at will.

If you actually have to lay down between periods of sitting, it is very unlikely that you will find a job that will allow you to sit, stand AND lay down at will.

And if I recall correctly, the back condition (which I would think would be the condition in play here) is SCed.

[Guest]

georgiapapa said,

I can not recall any successful TDIU cases on Hadit that did not meet the standard criteria.

In some cases like this what VA will do, is raise the veterans' service connected condition(s) to meet the standard criteria and then grant TDIU. I have seen it a few times but the veteran will need a doctors' statement that he/she is unemployable due to their service connected conditions.

Edited January 28, 2015 by pete992

[free_spirit_etc]

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

Illegitimi non carborundum

[lcplcookba1]

Illegitimi non carborundum

Carborundum, also known as silicon carbide, is an industrial abrasive material, but its name resembles a Latin gerundive, a grammatical construct that expresses desirability of whatever the verb denotes. In this case, carborundum can humorously be "translated" in English to mean "fit to be ground". Often illegitimi is in the dative case (illegitimis), a case that often follows the Latin gerundive and denotes agency; together with carborundum, the phrase means "fit to be ground by the illegitimate (i.e. bastards)". Finally, non negates the activity of the gerundive, producing "not fit to be ground by the bastards". The phrase is then generally reworded into "Don't let the bastards grind you down".[

Edited January 29, 2015 by lcplcookba1

[lcplcookba1]

The inability to sit for long periods of time can be equally important in determining employability, as it severely limits the types of sedentary jobs a person can do. You can read more about the sit / stand option (and how it relates to SSA) here http://www.ssas.com/selected-issue-topic-sequential-evaluation-process/residual-functional-capacity-and-sit-stand-option/

Basically, they would have to say that there have to be jobs available that allow you to sit or stand at will.

If you actually have to lay down between periods of sitting, it is very unlikely that you will find a job that will allow you to sit, stand AND lay down at will.

And if I recall correctly, the back condition (which I would think would be the condition in play here) is SCed.

Yes it is,

[Gastone]

LCPL: My opinion after reviewing your recent C & P, your screwed on the IU, Sleep Apnea and COPD. As well as a few of the lesser issues including left leg problems. My opinion. as well as all other Lay opinions you get off any of the Vet Sites, could be wrong. For your sake, I wish I were. However, your C & P Dr checked Off "Less Likely than not" on your SA and COPD claims. As for a possible IU or E-S IU, he repeatedly stated, "limited impairment due to Standing, Lifting or Walking Long Distances." On a couple of your lesser issues, he gave you a jump ball, he couldn't say Yes or No because you chose not to do the "motion Test." He unequivocally stated there is no Medical Evidence that Bronchitis is a possible Nexus for a Secondary OSA DX. That hurts, SA w/CPAP is 50%. Your Pulmonary Testing doesn't back up a COPD DX, take another look at it.

This past 6/14 I was awarded IU from a 2012 NOD. After the DRO agreed to award the claim,(I was having an Informal DRO Hearing) the DRO and I discussed IU claims in a fair amount of detail. The DRO said that a larger than large number of Unemployed-Underemployed Vets apply for VA IU. The VA's regs say the Vet's SC conditions have to make earning "Substantially Gainful Income" impossible. If the Vet is capable of earning in excess of the US Poverty Level of Income for (1) person ($12,316 under 65) he is not Individually Unemployable. Your C&P indicates disabilities but nothing that would be considered "Totally Disabling." That's where VA Comp and SSDI differ. If the VA Rater thinks you should be able to do a Sedentary Job, that would earn in excess of the Gainful Income amount, your screwed. Brother, I hope I'm wrong.

Semper Fi

Gastone