tdiu Need Some Helpful Advice

[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?

[Fat]

Excellent topic.

Helpful

[ReallyAngry]

Maybe go outside and chop some wood, or dig a hole. Something to burn off some of the anger.

hahaha.... thanks, actually, good practical advice.... probably the most helpful advice of all.

[ReallyAngry]

Broncovet,

"...... a "lack of "any rating on a decision",meaning a disability has not been acknowledged on a rating sheet at all, yet VA had evidence of it, is also a CUE".

I will have to find my 2003 IHD claim to see how I worded that CUE.

VA had "established evidence" of my husband's heart disease when the made the 1151 DIC I filed this 2003 CUE on.

The reason they awarded the DIC clearly stated it involved the malpractice of my husband's heart disease as well as his major stroke ,both the primary and contributing factors to his death.

The VA had evidence of the heart disease due to the FTCA case.

Although it had never been diagnosed or treated by VA, it was clear that he had IHD from the VA medical records.

The IHD or CAD did not appear with any rating or diagnostic code at all on the same rating sheet that came with the DIC award letter.

Since both this and the 2004 CUE still sat at the VARO in 2010 when the AO IHD regs came out, I wrote to the Nehmer RO to adjudicate these 2 CUEs first , then the AO IHD claim, because they had been filed prior to the 2010 claim and their resolve could be contingent on the Nehmer decision.They had been set for BVA transfer but luckily they were still not at the BVA.

The Phila VARO awarded both the IHD CUE and the other CUE (SMC under 1151, and proper rating)in their 2012 decision.

I think it says right in 38 CFR that all disabilities they are aware of must be coded on the ratin

I'm sorry, I'm not really understanding what I need to do or how to do it. I appreciate you're trying to be helpful, but I don't understand what I need to know. Honestly, half the time, I don't even have the mental capacity to focus on this stuff for long enough to fight it.

[ReallyAngry]

Maybe go outside and chop some wood, or dig a hole. Something to burn off some of the anger.

Actually, all kidding aside, if I could do those things just fine, I wouldn't be here or be fighting the VA.

[ReallyAngry]

I posted the following in my original post, but I don't think anyone responded to this part. Could someone who understands range of motion comment on it?

"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?"

The numbers look screwy to me, but maybe I'm not understanding it. Anyone?

[Andyman73]

I know that you can't actually chop the wood or dig the hole(or even get the dirt off the grass, or out of the hole(movie reference)). Was just being a dummy. As for the ROM numbers, it's way outta my league.