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Case close for increase claim

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tuanntrang

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Hello everyone,

Happy labors day to all, so my question was i my current disability is rated at 50% since last years, since then i haven't seen any improvement myself, I haven't work much or able to keep a stable job, my last job was at home depot for prob 2 months as a greeters around the end of 2019, I just submit all my disability for an increase on may 2020 and my case just close on September 3rd 2020, when to only 1 C&P exam where the doctor just ask me about my injury and how it feel about it, if i pull any muscle or tears any thing, i told the doctor it just hurt when walk or stand, some flare up sometime on my knee. so i limited myself to mostly sit or lay on bed, can't keep a job for long. She told me so you disable then and just told me the exam is finish. No extra check up/exam, No xray or mri.

 

I know my case is complete and the letter should be here soon, but my question is how likely for me to get an increase? if so how much could i percent should i expected?

I heard from someone that if i get approve most likely my ebenefits rating should have changes before my letter arrived, if it doesn't chance til my letter arrive that mean most likely is a denied letter.

 

 

left hip and thigh strain with limited flexion 0% Service Connected   01/30/2019
right hip and thigh strain with impairment 0% Service Connected   01/30/2019
left hip and thigh strain with impairment 0% Service Connected   01/30/2019
right knee strain with stress fracture residuals of pain and limited ROM 10% Service Connected   05/23/2019
left hip and thigh strain with limited extension 10% Service Connected   01/30/2019
back condition   Not Service Connected    
right ankle status post stress fracture 10% Service Connected   10/29/2018
left ankle status post stress fracture 10% Service Connected   10/29/2018
right hip and thigh strain with limited extension 10% Service Connected   01/30/2019
right hip and thigh strain with limited flexion 0% Service Connected   01/30/2019
left knee strain with stress fracture residuals of pain and limited ROM 10% Service Connected  

05/23/2019

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  • HadIt.com Elder

I agree with Pacmanx1 100%. Someone with all your history, including difficulty holding a job, should put in for depression/anxiety/ mental health disability. Like he says, most days he feels he can handle the situation, but that is what MH conditions are. Don't self diagnose; you don't know WHAT kind of MH condition you have due to your multiple s-c conditions and pain. Let the VA figure it out. Look up the diagnostic codes for MH conditions, and see if you honestly have any of those symptoms. If you do, be sure to submit a statement in support of claim form that talks to how one or two of them have an affect on your ability to work and/or interact socially with people.If you have a spouse or partner, have them do one also. You have a decent shot at getting a disability now. That could be very valuable if later on things get worse. Submit when you get your current claim decision letter. Good luck.

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On 9/7/2020 at 10:46 AM, tuanntrang said:

Hello everyone,

Happy labors day to all, so my question was i my current disability is rated at 50% since last years, since then i haven't seen any improvement myself, I haven't work much or able to keep a stable job, my last job was at home depot for prob 2 months as a greeters around the end of 2019, I just submit all my disability for an increase on may 2020 and my case just close on September 3rd 2020, when to only 1 C&P exam where the doctor just ask me about my injury and how it feel about it, if i pull any muscle or tears any thing, i told the doctor it just hurt when walk or stand, some flare up sometime on my knee. so i limited myself to mostly sit or lay on bed, can't keep a job for long. She told me so you disable then and just told me the exam is finish. No extra check up/exam, No xray or mri.

 

I know my case is complete and the letter should be here soon, but my question is how likely for me to get an increase? if so how much could i percent should i expected?

I heard from someone that if i get approve most likely my ebenefits rating should have changes before my letter arrived, if it doesn't chance til my letter arrive that mean most likely is a denied letter.

 

 

left hip and thigh strain with limited flexion 0% Service Connected   01/30/2019
right hip and thigh strain with impairment 0% Service Connected   01/30/2019
left hip and thigh strain with impairment 0% Service Connected   01/30/2019
right knee strain with stress fracture residuals of pain and limited ROM 10% Service Connected   05/23/2019
left hip and thigh strain with limited extension 10% Service Connected   01/30/2019
back condition   Not Service Connected    
right ankle status post stress fracture 10% Service Connected   10/29/2018
left ankle status post stress fracture 10% Service Connected   10/29/2018
right hip and thigh strain with limited extension 10% Service Connected   01/30/2019
right hip and thigh strain with limited flexion 0% Service Connected   01/30/2019
left knee strain with stress fracture residuals of pain and limited ROM 10% Service Connected  

05/23/2019

if your having problems working due to all your service connected conditions  THEN  to hell with these VA Dr's

IF You can afford an IMO /IME  GO TO A GOOD PRIVATE VETERAN FRIENDLY DR and ask him/her for their medical opinion on your service connected condition..  he/she will need to examine you and read your medical records that pertain to what the VA is paying you the 10%ers for .

this Dr could very well diagnose you for another condition that these conditions you have now causes or related to such as mental health or another condition medically speaking.

  Also   you may want to ask  your VA PCP  to put in for you to see the VA Voc Rehab program for veterans    

This program formerly known as Vocational Rehabilitation and Employment (VR&E) renamed itself without authority under existing regulations. ... The program is still called Chapter 31 and VR&E, but the long name is now Veteran Readiness and Employment.Jun 23, 2020  

if they can't find you any employment you can do due to these service connected disability's   the counselors will write you a letter stating that due to your s.c. disability's it is not feasible to retrain this veteran at this time, you can submit this letter as your evidence and file a claim for TDIU /P&T  

However ,Ask this Private  Dr if he can give his medical opinion as to rather or not your conditions have got worse  obviously they have , VA Dr's won't help us veterans  well most VA Dr's won't...so I advise Veterans To seek private medical care..AND MEDICAL OPINION on your medical conditions you have service connected with the VA

Appeal your last decision if its denied  and go get you a IMO/IME  that usually will prompt an increase if the Dr gives his professional medical opinion (REPORT) after examining you that your conditions has got worse  and if these conditions cause you to miss out on any type of employment  ask this Dr to state that  due to your service connected conditions you have from being in the military   you can no longer do any type of employment  and this includes sedentary work .

Remember to appeal within a year if denied. 

file supplemental claim and add this Dr's report as your evidence and lay statment from you detailing why you can't work.

if approved for either 100% or TDIU  this will date back to when you originally filed for the increase and could be a large sum of retro.  SO WATCH OUT FOR THESE DATES.  ITS CALLED EARLIER EFFECTIVE DATES FOR INCREASE TO WHEN YOU FIRST APPLIED FOR THE INCREASE.

 Again This can get you a fairly large sum of retro ,  they should go back to when you first filed for increase  to be your EED (EARLY EFFECTIVE DATE)

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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If a doctor says you are "unable to work due to SC conditions" then you should be rated at 100 percent or tdiu.  Based on what your doc told you, that sounds like it would be the case.  But wait!

    VA wants to make sure you are unable to do ANY job, not just your job as a greeter.  Since your legs and feet hurt, maybe you could get a job as a computer programmer where you dont have to stand?  You will need to answer that question, probably with a voc rehab assesment.  Not everyone with bad knees or ankles can become a programmer.  Its the job of a voc rehab specialist to determine if you are a good candidate for retraining or not.  

      I agree with the others you may need an imo to get the max.  It makes little sense for us to speculate on what percent you may get.  YOu could get anywhere from 0 percent to 100 percent.  Part of it will depend on how "veteran friendly" your decision maker is, and I have no way of knowing that.  Much of this will be a judgement call and those vary widely.  

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Sorry if i'm not suppose to reply back here since the post too long ago, I submit another claim increase since sept 14,2020, my c%p exam is better this time cause the lady there use the gianometer to measure my knee and also since i claim for hip and thigh she ask if i can do swat and i say no so there were no test on hip and thight. (I claim for an increase on thigh and hip and also knee.

When she test my knee, she ask me to stand straight and try to cross my knee and i coudn't cross it pass the other leg. She also test me sitting and bent my knee up and back, only 45 degree angle on both bent.

So billateral knee increase claim and billateral hip and thigh claim.

currently 50%, 10% on each knee and 10% on each hip and thight, so hopefully this time i get approve.

I'm crossing my finger hopefully it get approve this time and curious on how the money paid out look like.

My claim move to Prepare for Decision today.

 

Edited by tuanntrang
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Sounds like you may get an increase on one or two of your conditions.  You have a bunch of service connected conditions which is a good thing even if they are or were at zero percent.  If and when they get worse, you can file for an increase without having to prove they occurred in service.

And once you get the ball rolling, don't forget secondary's to you original service connected conditions.    

Keep plugging along, 

Hamslice

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

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On 11/24/2020 at 10:10 PM, Hamslice said:

Sounds like you may get an increase on one or two of your conditions.  You have a bunch of service connected conditions which is a good thing even if they are or were at zero percent.  If and when they get worse, you can file for an increase without having to prove they occurred in service.

And once you get the ball rolling, don't forget secondary's to you original service connected conditions.    

Keep plugging along, 

Hamslice

Thanks for the encouragement, I would assume the that i heard from i forgot where that is after case close if i get approve i should get my ebenefits update within 24 hours rather then waiting for the letter to sent home.

I would hope i get approve at lease one but both bilateral on my knee and thigh would be better.

The lady there couldn't test my hip and thigh cause i told i i could not do swat. But right now i just hope for a good rate.

P.S My claim status just move to Pending Decision Approval, Most likely it will be finish by the end of this month.

Update on 11/26 Going back to Prepare for Decision

Edited by tuanntrang
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