rpowell01 Posted April 1, 2015 Share Posted April 1, 2015 How would one go about filing a claim for P&T since this is not an actual disease or has a diagnostic code. I am guessing I can just use the regulations and show how per the regulations that I am P&T? I've been having a hard time focusing on just about everything lately but if it takes me a month to write this claim up then so be it. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Chuck75 Posted April 1, 2015 HadIt.com Elder Share Posted April 1, 2015 "How would one go about filing a claim for P&T since this is not an actual disease or has a diagnostic code." You will need an IMO or C&P stating that the service related conditions you have are permanent, and very unlikely to improve. Link to comment Share on other sites More sharing options...
0 rpowell01 Posted April 1, 2015 Author Share Posted April 1, 2015 Well I have 2 IMOs stating this and the RO has refused to give me P&T after they approved TDIU. So I am going to file a claim of P&T because I have this funny feeling that the RO has NOT seen my EMG on my legs showing bilateral radiculopathy. After dealing with the VA and them not doing a thing, treatment, on my back I decided to see a private surgeon. He setup for me to have facet joint blocks to tests if I can have a Rizhotomy. He sat down and told me that I had herniated a disc in my lumbar spine most likely at the L5-S1 but it had healed itself but it caused permanent nerve damage to the nerves going into my legs. I already have 2 appeals at the RO each with other claims related to my spine plus each one has one leg secondary to my lumbar spine. I am wondering does the RO actually retrieve the reports from their own databases? The reason I ask is when they were trying to reduce me they didn't even have none of the medical reports from James A. Haley where I was receiving my treatment. At the hearing I handed them 360+ pages of my treatment from James A. Haley for them since they were too lazy to retrieve the reports themselves. I am going to file for P&T and once again show them in BOTH IMOs that Dr. Bash did where he stated that my issues were in fact permanent. Also SSDI's vocational specialists said I could not go to work because there was nothing that I could do, and vocational rehab sent me a letter stating they made a determination that I could not go back to work. I understand there is a stabilization period at times before they grant P&T but geez this has been going on since January 2010!!!!! Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Philip Rogers Posted April 1, 2015 HadIt.com Elder Share Posted April 1, 2015 Five years is the stabilization period, which you passed in January, 2015. I would just request it and quote M-21, in the request. jmopr Link to comment Share on other sites More sharing options...
0 Navy04 Posted April 2, 2015 Share Posted April 2, 2015 RP, I totally feel for you bud, but as you can tell from my Story I have a ton going on and No P&T. I have a current claim that will be granted another 7 or 8 conditions at high %s. My claim is at Prep for Decision still, but on my AB8 it now states Up for Review in Mar 2018, which means another 3 years of Temporary for me. Good luck and God Bless, and sorry you are going for an Unlimited Ride on the VA Roller Coaster of SH***!!!!! 100% PTSD 100% Back 60% Bladder Issues 50% Migraines 30% Crohn's Disease 30% R Shoulder 20% Radiculopathy, Left lower 10% Radiculopathy, Right lower 10% L Knee 10% R Knee Surgery 2005&2007 10% Asthma 10% Tinnitus 10% Damage of Cranial Nerve II 10% Scars SMC S SMC K OEF/OIF VET 100% VA P&T, Post 911 Caregiver, SSDI Link to comment Share on other sites More sharing options...
0 rpowell01 Posted April 2, 2015 Author Share Posted April 2, 2015 Phillip and Navy04 thanks for information. I found what I needed in the Veterans Benefit Manual and the Federal Veterans Laws, Rules and Regulations. I think I got one from you Phillip? Anyway I ordered a newer version from Lexis Nexus and the CD they send helps also. I have issues focusing now becuase of the pain and the meds I take so its going to take a month to write claim or request up. Again thanks for the information. Link to comment Share on other sites More sharing options...
0 georgiapapa Posted April 2, 2015 Share Posted April 2, 2015 rpowell01, If you haven't already done so, request assistance from Undersecretary Hickey. A lot of vets have been helped recently by Ms. Hickey. It would not hurt to see if she could help you also. She seems to be performing miracles lately. Good luck to you. GP Link to comment Share on other sites More sharing options...
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rpowell01
How would one go about filing a claim for P&T since this is not an actual disease or has a diagnostic code.
I am guessing I can just use the regulations and show how per the regulations that I am P&T?
I've been having a hard time focusing on just about everything lately but if it takes me a month to write this claim up then so be it.
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