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?

[Buck52]

What should I do if I think an error was made on a previous disability decision?

Published 05/08/2006 05:52 PM | Updated 01/16/2013 02:53 PM

What should I do if I think an error was made on a previous disability decision?

If it has not yet been a year since that decision was issued, you are still within the time frame to appeal the decision, and you should file a Notice of Disagreement. This must be submitted in writing and specify exactly your disagreement with the decision you received. You should refer to your decision notification letter and the attached VA form 4107, Your Rights To Appeal Our Decision, for further guidance on filing a Notice of Disagreement. You may download a copy of VA Form 4107 at: http://www.vba.va.gov/pubs/forms/4107.PDF .

If you do not have a copy of your decision notification letter, VA can send that information to you. You may contact the VA regional office to make that request by going to VA's web messaging site, https://iris.custhelp.com .

If it has been more than a year since VA made the decision that you believe is incorrect, that decision is now final. If you wish to have that decision reviewed, you will need to specifically identify the error you believe was made, such as the determination of service connection, the effective date, or evaluation for a claimed disability. You will also need to identify the factor(s) that resulted in an incorrect outcome, such as the incorrect application of the law.

It may be best to discuss your personal situation with a VA or Veterans Service Organization representative who can advise and assist you with your claim. VA offers a web site list of most National, State and local veterans service organizations at: http://www1.va.gov/vso/ .

As bronvovet mention if the examiner that did the C&P has been fired or been incarcerated for unappropriated behavior that is good reason what you claim actually did happen....they have guidelines to follow because any veteran can accuse a examiner of wrong doing.

....................Buck

[Navy04]

Welcome aboard and sorry to hear of your troubles bud. I will say that we have "more in common" then you think. Good luck and God Bless

[ReallyAngry]

Well, I feel slightly better now. Never wanted to see him again, but because of the advice I received here, I decided to look for the doctor from 1995 just to see what I could learn of him. He's dead. Died 3 months ago. And his obit said this of him:

Beloved husband of *****. Dear father of Dr. ***** and Dr. *****. Loving grandfather of ***** ******* ******** ***** ****** **. Devoted brother... . Uncle... . Dearest cousin... . Also survived by many other loving family members and friends.

So, I feel only slightly better. Better because he's not around anymore, and I never have to see him again. Much worse because I'm glad he's dead, and that's pretty horrible, and because he died surrounded by a large number of people who apparently cared. I wonder how many of them knew what a @#$%@#$%^ he actually was. He lied to the VA on my claim. He did not do the exam properly. The radiologist said further scans were warranted, but this jerk told the VA it was straight up congenital and skipped the further exams bit. He told the VA it was congenital, but after he got to know my nethers better at the end of it all, he told me that trauma had pushed my tailbone out of alignment, but that he'd love for me to come back once a month to allow him to attempt to massage it back into position. He said, "That is the only treatment option available for your condition." I knew what it was when he was still doing it to me. I'm not an idiot. I mean, how much do you have to move your finger in and out while asking how it feels to see if there is trauma to the area? I hate him. I hate myself. When the other guy assaulted me in the military, I beat the hell out of him. If he hadn't come up on me while I was asleep, he never would've made it that close to me. I couldn't beat the hell out of this guy for fear of what the VA would do to me for assaulting a doctor. Talk about being in the catbird seat. Do as you like without fear... but now he's in front of a higher authority. I wouldn't want to be him right now.

[ReallyAngry]

Let me just say this. I don't know if I can prove a CUE based upon the facts I have. I don't know how to show if the VA would clearly have rated me higher because frankly I can't find access to the exact ratings information from 1995 anywhere I've been able to access on the Internet. BUT I DO KNOW THIS: I am going to tell the BVA exactly what I think of their doctors and the kind of monkey business that actually goes on behind closed doors. At least I will have the satisfaction of being heard. I'm so angry I could hurt someone, but there really is nobody to hurt. Nobody to blame. Nobody at all. The problem really falls upon everyone because if people actually demanded and insisted upon a change for the better in the way the government treats its veterans, there'd be an end to the nonsense immediately... but most people have no idea of what's actually going on. And as long as it doesn't personally affect them, unfortunately, most of them will never have a reason to inquire or care.

[Andyman73]

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

[Berta]

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 rating sheets.

.