Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Rate this question


TALON II FE

Question

 

I am unfamiliar with SSDI.  I have an attorney, so I am not drawn into the bureaucracy like with the VA.  They submitted my claim and put together the required documents, including my 2k page service records.  I am currently 44.  I just did a few questionnaires sent to me directly from SS.  They almost seemed like they were in lieu of an exam.  Is this possible?  I have not seen any SS Doctor's or received any requests to do so.  I am a 100% scheduler, but too young for P&T, I guess.  What can I expect next?

 

 

Here is a list of my rated disabilities (many are lowballed, a few are completely missing, awaiting C-File):

 

70% post-traumatic stress disorder (also claimed as adjustment disorder)

10% varicose veins, right lower extremity (also claimed as venous reflux disease) 10%

10% degenerative arthritis of the spine to include lumbago, lumbar spondylosis and myofascial pain syndrome (claimed as lumbar bulging disc l4-l5)

50% sinusitis (claimed as chronic pansinusitis)

20% carpal tunnel syndrome, right upper extremity to include lower radicular group and cubital tunnel syndrome post excision of arteriovenous malformation (also claimed as peripheral nerve injury shoulder, neuritis median nerve right arm)

0% carpal metacarpal arthritis, right hand (claimed as osteoarthritis right hand)  

0% vasomotor rhinitis (also claimed as nasal polyps)

30% headache syndrome to include occipital neuralgia (claimed as migraine headaches and occipital nerve impingement)

20% status post cervical vertebral fusion C4-C6 to include myofascial pain syndrome (claimed as herniated disc (c5-c6) left, cervical spondylosis)  

0% radiculopathy, left upper extremity 

0% lliotibial band friction syndrome, right thigh

0% ganglion cyst, left wrist (claimed as ganglion left/right wrist)

0% meralgia paresthetica, right lower extremity  

10% seborrheic dermatitis 10% Service Connected 

50% obstructive sleep apnea   

10% left peroneal neuropathy (claimed as deep peroneal nerve atrophy)

10% varicose veins, left lower extremity (also claimed as venous reflux disease)

 

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Content Curator/HadIt.com Elder

Hey Talon,
The whole "thru pain" deal is a ripoff for veterans when a doc failed to do the job right the first time.

I don't want to be the bearer of bad news, but are you sure about sinusitis having the polyp rating? I thought it was allergic rhinitis. I was SC for both sinusitis and allergic rhinitis, but they took the higher rating of the two because I had polyps.

Quote
6522   Allergic or vasomotor rhinitis:  
With polyps 30
Without polyps, but with greater than 50-percent obstruction of nasal passage on both sides or complete obstruction on one side 10

 

Quote
6510   Sinusitis, pansinusitis, chronic.  
6511   Sinusitis, ethmoid, chronic.  
6512   Sinusitis, frontal, chronic.  
6513   Sinusitis, maxillary, chronic.  
6514   Sinusitis, sphenoid, chronic.  
General Rating Formula for Sinusitis (DC's 6510 through 6514):  
Following radical surgery with chronic osteomyelitis, or; near constant sinusitis characterized by headaches, pain and tenderness of affected sinus, and purulent discharge or crusting after repeated surgeries 50
Three or more incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 30
One or two incapacitating episodes per year of sinusitis requiring prolonged (lasting four to six weeks) antibiotic treatment, or; three to six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting 10
Detected by X-ray only 0
Note: An incapacitating episode of sinusitis means one that requires bed rest and treatment by a physician.  

 

 

 

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder
17 hours ago, TALON II FE said:

I have both sinusitis and rhinitis.  They are rated separately and I am maxed at 50% for sinusitis, but rhinitis w/polyps is a 30% rating and they gave me a 0% for that. 

Even if you were to get your rhinitis rating corrected, I am afraid the VA would still not include it in your combined rating due to their stupid pyramiding policy.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • 0
5 minutes ago, Vync said:

Even if you were to get your rhinitis rating corrected, I am afraid the VA would still not include it in your combined rating due to their stupid pyramiding policy.

They do not pyramid, they are rated separately, which is why it needs to be disputed.  They are unrelated issues within the same functional system.

Link to comment
Share on other sites

  • 0

I got my SSDI in 2014 in less then 8 weeks and I was only 31 at the time, after being medically retired from the Navy at 30.I was 100% VA Temporary from 2013 thru last fall, then became Permanent at 33. I filed my claim online with SSA, did not even use a Lawyer. I had multiple exams thru the SSA, and was approved very fast and only on Mental and Bone issues, they did not even need the Crohns or other health issues to approve me. In my case I have had 19 surgeries since 2009, so it didnt take much to make the SSDI get approved. With the SSDI the process is actually quite smoother compared to the VA as long as you have the Hard Medical Evidence. Also I can help you on a side note, but you will need to PM me. Good luck and God Bless!!!

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

  • 0

I have been out at Lake Palestine, we have a place there (my parents) and we are trying to get it into a condition that is more "rentable".  Been there almost all week, no internet, power kept going out, tornado a few miles south and lightening sparking trees.  Just another day in East Texas, lol.  Did not get much done but a better idea of what needs to happen.  I'll pm you when I get settled back in here at the house.  Trinity and pretty much every other river coming home has jumped their banks.  I lived on Palestine on and off since I was about 8, only seen that lake as high as it is (maybe higher) once and I remember my grandfather was still around.  He died in 1989, so...the waters high.  Stay dry wherever you are!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      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”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • 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.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         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:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      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. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use