I need some feedback, thoughts, advice, even just a smile would do right now. I'm fortunate because right now I'm at 100% S/C TDIU. I can't find someone in my area who is knowledgeable, trustworthy, and willing to help. None of the experts/lawyers are willing to help me because I'm already getting 100%, so there's no reason to do so. I'm having a hard time even with the thought of talking about this with someone else, but this forum is fairly anonymous, so I'm here. And right now I'm feeling pretty bleh, but I have to get some input.
Twenty years ago I went for my first C&P straight out of the army. Some shady things happened on my C&P, but after the exam was over the examiner took me into a room and did something pretty awful to me. I thought it was part of the exam at first, but it became all too clear that it wasn't. Especially since the guy invited me to come back once a month for follow-ups. I turned him down and left. Within a couple of months I was s/c with a really low percentage, which I thought was wrong, but I didn't want to go anywhere near the VA for several years so I kept quiet. It was especially hard since I was also a victim of a similar event in service. It was years before I could go to a doctor on any regular sort of basis. I still don't trust any of those... people. I only just last year revealed this information to the VA. I was interviewed by a professional in mental health who asked for information and a name to report. Nice gesture, about two decades too late. He asked me if I ever thought about finding the guy and killing him. I said I never wanted to see him again.
Shady business on my exam, it turned out much later, included lying to the VA and failing to perform necessary tests. it pained me everytime I looked at that report, so I didn't care to look too closely, but I'm sitting here going over it finally to see what all he did to me and if there's a snowball's chance I might be able to CUE because the VA still likes to play games with this one. My biggest fear is that they will attempt to sweep me from the rolls because they can; I mean, if they can just lie and ignore evidence whenever it suits them, why wouldn't they? The main reason the VA said my rating was so low on that decision was because my range of motion tests were normal. When I looked at the numbers again, something bothered me, so I checked around and I'm thinking the guy also lied on that--either he just made up a bunch of numbers or made a mistake, but the VA didn't even look twice. They said my range of motion was normal.
So here's the numbers for my lumbar spine: anterior flexion 130 degrees, posterior extension 35, lateral flexion 45 degrees bilaterally, rotation 45 degrees bilaterally. Do those numbers look odd to anyone else? What I'm reading says the normal range should be a combined 240 or better on thoracolumbar and 340 on cervical spine. Now, if that's correct, by my math, depending upon how one interprets the range given as bilaterally, I was either the most flexible 240 lb male the world has ever seen, or otherwise my numbers should have put me below 240 ROM (if you divide the numbers between the two sides), in which case it might have changed my rating. Either way, that seems like a pretty clear and unmistakable error to me that the VA just glossed over. And the guy didn't use any instrument to measure angles either. He just eyed it. Am I missing something or misunderstanding something, or did that guy really do what I think he did with this?
First, I had a good reason not to appeal the matter within a reasonable time frame. I wouldn't even talk about it now, but the rage inside is getting the better of me. Second, it seems to me that between the lies he told and these numbers he pulled out of thin air, I should be able to get a CUE. I could really use the vindication, and the money wouldn't hurt either. But I don't know what to say or how to say it or if it's even worth the bother. The depression, which I'm on medication for, makes it hard to get things done. I start to try, but feel overwhelmed. Then it just seems so pointless. Not going to talk about it in a group. Not going to talk about it with a snippy therapist. There's a lot more to it, but nobody needs to hear all that.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.
Question
ReallyAngry
I need some feedback, thoughts, advice, even just a smile would do right now. I'm fortunate because right now I'm at 100% S/C TDIU. I can't find someone in my area who is knowledgeable, trustworthy, and willing to help. None of the experts/lawyers are willing to help me because I'm already getting 100%, so there's no reason to do so. I'm having a hard time even with the thought of talking about this with someone else, but this forum is fairly anonymous, so I'm here. And right now I'm feeling pretty bleh, but I have to get some input.
Twenty years ago I went for my first C&P straight out of the army. Some shady things happened on my C&P, but after the exam was over the examiner took me into a room and did something pretty awful to me. I thought it was part of the exam at first, but it became all too clear that it wasn't. Especially since the guy invited me to come back once a month for follow-ups. I turned him down and left. Within a couple of months I was s/c with a really low percentage, which I thought was wrong, but I didn't want to go anywhere near the VA for several years so I kept quiet. It was especially hard since I was also a victim of a similar event in service. It was years before I could go to a doctor on any regular sort of basis. I still don't trust any of those... people. I only just last year revealed this information to the VA. I was interviewed by a professional in mental health who asked for information and a name to report. Nice gesture, about two decades too late. He asked me if I ever thought about finding the guy and killing him. I said I never wanted to see him again.
Shady business on my exam, it turned out much later, included lying to the VA and failing to perform necessary tests. it pained me everytime I looked at that report, so I didn't care to look too closely, but I'm sitting here going over it finally to see what all he did to me and if there's a snowball's chance I might be able to CUE because the VA still likes to play games with this one. My biggest fear is that they will attempt to sweep me from the rolls because they can; I mean, if they can just lie and ignore evidence whenever it suits them, why wouldn't they? The main reason the VA said my rating was so low on that decision was because my range of motion tests were normal. When I looked at the numbers again, something bothered me, so I checked around and I'm thinking the guy also lied on that--either he just made up a bunch of numbers or made a mistake, but the VA didn't even look twice. They said my range of motion was normal.
So here's the numbers for my lumbar spine: anterior flexion 130 degrees, posterior extension 35, lateral flexion 45 degrees bilaterally, rotation 45 degrees bilaterally. Do those numbers look odd to anyone else? What I'm reading says the normal range should be a combined 240 or better on thoracolumbar and 340 on cervical spine. Now, if that's correct, by my math, depending upon how one interprets the range given as bilaterally, I was either the most flexible 240 lb male the world has ever seen, or otherwise my numbers should have put me below 240 ROM (if you divide the numbers between the two sides), in which case it might have changed my rating. Either way, that seems like a pretty clear and unmistakable error to me that the VA just glossed over. And the guy didn't use any instrument to measure angles either. He just eyed it. Am I missing something or misunderstanding something, or did that guy really do what I think he did with this?
First, I had a good reason not to appeal the matter within a reasonable time frame. I wouldn't even talk about it now, but the rage inside is getting the better of me. Second, it seems to me that between the lies he told and these numbers he pulled out of thin air, I should be able to get a CUE. I could really use the vindication, and the money wouldn't hurt either. But I don't know what to say or how to say it or if it's even worth the bother. The depression, which I'm on medication for, makes it hard to get things done. I start to try, but feel overwhelmed. Then it just seems so pointless. Not going to talk about it in a group. Not going to talk about it with a snippy therapist. There's a lot more to it, but nobody needs to hear all that.
Anyway, thoughts?
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broncovet
I, too, am 100% but seeking an earlier effective date, so you are not alone. Im determined and, even tho I have achieved several victories, I have not quite yet won what I feel I deserve. I was "no
Berta
If those documented numbers,when compared to the VA Rating Schedule they used at time of the exam (all of the rating criteria is here under the Rating Schedule link) are wrong, thus the low percentage
Army247
Sorry this happened to you. My best advice is to post this to the forum so the experts can review this or anyone dealing with a similar experience. I pray you get some peace and a speedy response.
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