tdiu Questions About Dro Hearing

[Usetacould]

This is my first post but I have been reading and researching on these forums for a long time.

Hopefully someone can shed a little light on my situation. Or maybe ease my mind.

I am currently rated at 70% combined. I have a lower back rating of 40% and 5 other 10% ratings. About a year ago I filed for individual unemployability and was denied. I have 4 destroyed discs in my lower back and 3 more damaged ones in my upper spine. I recently got a spinal cord stimulator implanted, I am actually still recovering from the surgery. I also have nerve damage in one of my legs and am forced to walk with a cane.

I filed for unemployability due to the fact my service connected disability caused me to lose my job. I was forced to medically retire. I was advised by my VA doctor to stop working. I attempted to go through vocational rehab but they told me they could not find a career path for me due to my multiple disabilities and the fact I am only going to get worse. They then sent me to Independent Living and I am currently awaiting one more letter in the mail from my doctor (which has been completed) to receive the items I requested. I also applied for and received a handicapped placard for my vehicle (the VA doctor completed the paperwork stating I have permanent disabilities). My wife is also my caretaker and receives a stipend from the VA at the tier 2 level. I have also filed for another increase for depression and anxiety as secondary due to losing my career, as well as a rating for all the scars from my surgeries and others I got while still in the military. I am still waiting for those to work their way through the system.

During my C&P exam for my back to get my rating raised and IU, in the block or question that asks if I have been forced to miss work for more than 6 weeks I answered yes and it was documented. From my research I found that is supposed to give me 60%. Just with this increase it seems I should be rated a minimum of 80% combined.

I feel that the only things working against me are my age and my appearance. I know this sounds strange but I am only 39 and I always tried to take really good care of myself. If someone were to just look at me I do not look disabled.

Due to the denial of IU I hired an attorney to help me appeal. I was just tired of dealing with it on my own.... They took my case on contingency so that makes me feel like I have a pretty good chance of winning. I have a DRO hearing coming up on the 7th of July. I am curious what these hearings are like. I read that they are pretty casual, but is it different with a lawyer? Also based on what I said (I know the information is not complete) what are everyones thoughts on my chances of IU or an increase? My DRO hearing is in Nevada if that makes a difference.

Thank you in advance for any information.

"Usetacould"

[Usetacould]

That makes me feel a lot better. I was worried about it being formal since I have an attorney. I've been stressing hard and getting worse as it gets closer.

[stnorm23]

Question for you "Usatacould". How long from the time you filed your appeal asking for a DRO meeting until you were scheduled? I filed an NOD requesting DRO review and am just trying to get an idea of the timeline.

Thanks and good luck. Sounds like you have a good case.

[63SIERRA]

its HIGHLY likely that many of your disabilities are lower than they actually should be.. Take close examination of what you are being rated for, and if it actually fits your condition.

It seems the VA likes to decide what your disability should be, rather than what is actually wrong.. The va wants to term conditions to fit denials.. naturally progressing things like degenerative disk disease of the lumbar and cervical spine are a favorite./. because they can say its not service connected, its normal age related deteriorartion.

I myself had, ans am still going to an outside doctor to get accurate diagnosis of my problems, and having the VA doc add these to my problrms list,..

another favorite the va uses is congenital defect.. they try to say you were a broken pot at birth,

If you read radiology reports from your VA you will likely see many words such as,, minimal, miniscule, not in normal limits, moderate ,, slight, inconclusive, ect. ect..

The diagnosis and reports always seem to be on the ? de minimus"/

From personal experience it is my opinion that the doctors and radiologist are being instructed to downplay and deny injuries and ilnesses, for 2 reasons..

UNO... to save the VA money by denying the treatment of veterans inside the VAMC

DOS'' to thwart compensation claims once they get to the RO

In my experience if you get a CP exam at a VAMC you will likely get screwed.

The closer you get to the 70 percent range, the more they roll stones down the hill.. They have figured out, that vets are getting educated, and they dont want you to be eligible for TDUI.

If you have 20 percent, and go file for tinnitus, they will grant you 10 like it is a flu shot... but if your knocking on 70 and go apply for a 10 spot,, here comes the boulder rolling down to squash your ass.

The VA IS LIKE WAKING UP TO A BUTT UGLY date after a hard night of tiny bubbles.. the more you see the uglier it gets.

Edited June 21, 2015 by 63SIERRA

[Usetacould]

I filed my NOD about 8 months ago so it'll be 9 months when I go. I got a congressman involved because they wouldn't send my file to my lawyer. Shockingly enough the same day I contacted the congressman they called and asked if I was available to have a hearing (weird huh...).

I have noticed what 63 is saying. It does seem harder as I go up in percentage. 40% to 70% wasn't that difficult but after 70% they started denying things and seemingly rated at least one of my issues wrong (20% low). Also like I was saying above it seems to me like I'm textbook unemployable but they denied me.

[Usetacould]

With less than 2 weeks till my hearing I got my IL assessment. It is 4 pages of I can't work. They wrote a lot and included all of my disabilities and why they prevent me from working. Hopefully this helps me. I tried to pick it apart from the "dark side" point of view but I couldn't find anything that even suggests I can go back to work.

Keeping my fingers crossed for a good outcome....

[Usetacould]

So I got an email from my attorney last night late. The VA hasn't given them my c-file yet. They have requested it several times over the last 8 months. My attorney said we might have to postpone my appeal now since they can't get the information. Im so nervous and frustrated....

Anyone know why the VA wouldn't give my file to my attorney?