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USCG CWO4

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I will try and make this short. I need advice on what to do.

I have a ptsd/mdd claim still in the works since June 2013. I had my left knee replace in 2/14. Since you can only have one claim in at a time the left knee was combined with the ptsd. They are both still in the gathering of evidence phase. The last thing was requesting Service records. I have also completed all C&P Exams. I know ratings can take awhile, but I have just recently had my other knee replaced. I can not work because it is my driving leg. Now money is tight, but I don't feel like I can put in for this knee because it will start everything all over again. I have called my Dav and he chuckles and tells me not to worry I will get my retro pay.

So what do I do from here. 20 months out from original claim. 12 months out from first knee replacement and now two weeks out from 2nd knee replacement. I don't want the claims to start all over again. Maybe I am just confused. Any advice.

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  • Content Curator/HadIt.com Elder

You actually can have more than one claim in at a time. The knee and PTSD claim were not combined into one single claim, but are just being processed together. Yes, you can (and probably should) go ahead and file for your other knee. This will preserve the effective date, should you win SC for the other knee. Don't think of it causing your claims to start all over again. I had several claims in and added others. The VA completed what they could and deferred the others for development. Keep in mind that this is how it ended up for me, but nobody can read the mind of the VA.

I am sure others here will provide additional recommendations based on their experience.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • HadIt.com Elder

I would request a hardship and that your claim be expedited &rated and reto sent asap & ask for IU if you can't work and because of your SC disability's & apply for SSDI ASAP your DAV should had you to do that that already?

you can submit a form 3288 and request you want your service records included...they should be in your C-file VA is stalling for time.

Hardship cases and Homeless cases have priority ...submit your claim on your other knee asap get your time started as this one will be a separate claim. or like Vync go ahead file on your other knee but If they have your claims in gathering evidence it probably won't be long that you get your rating and back retro...Don't forget to ask for IU

Thank You for Serving.

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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I don't understand. Apply for ssdi? I have been told that I should apply for p&t because none of my issues will ever get better. If I apply for our what happens when I can go back to work? This seems like a lot,ugh.

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  • HadIt.com Elder

Well that's the point your disability's issues will not get better & if you get TDIU you can't be working, The VA should rate you 100% P&T TDIU because your SC disability's keeps you from working (which should show in your evidence)

& if you want extra income apply for the SSDI. time is the reason get your timeline started with SSDI. Incase your denied you can get reto pay from SSDI also.

Of course that's your choice...I am only making suggestions.

Note there have been a few veterans that email Allison & keeping there email short but to the point asking about there claim and waiting time?

here is her email addy

Allison.hickey@va.gov

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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Hell, Brothers and Sistars, I have an overall rating of 90% with 50% for sleep apea. I had a 20% rating increase to 40% for bulging lumbar discs, L4-L5 and L5-S1.However, when I went for my IU C&P exam my back was lowered to 10%. I am continuously having severe back and shoulder pain and MRI show I have mild facet hypertrophy and mild spinal stenosis mean. I went to the ER for my back pain and was prescribed valium and tramadol. Going for IU C&P today do I qualify for 60% on my back.

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countree:

Why did they say they downgraded your back downwards? This seems to be some kind of trend as I read the vet blogs lately? 10% is nothing when your consider what role that a back plays with your entire body's functions. I was in Army Tank accident when I was in the military which evetually ended up in a L5 S-1 Spinal Fusion which only temporarily helped with the pain. This pain and may back is constant and it always hurts. As a result, I've see a very prominent pain specialist and it's a major job just to stay on top of the constant pain. For some reason, pain does not seem to be much of a driver when it comes to a disability rating? Anyway, my claim is still being processed and but I did a DBQ with a nurse that did not do it properly. Anyway, when it came to measurements. she acutally pushed my back forward way past the point of were the pain started and used those inaccurate measurements - which was wrong. I challenged her on it and she said that tthe raters could look at the entire file and would figure out the mistake and correct it later? Anyway, I'm now getting a second chance because, I'm doing a new CP exam at the end of this month at another location 4 hours away. I'm hoping that I get a more knowledgable examiner this time around which will improve the accuracy of the measurements. Anyway, I hope your rating gets increased....

Edited by rootbeer22
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