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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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SLEDGE

Stenosis

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This is an update on my cervical stenosis.

The first operation was wildly successful, a discectomy at three levels.

Then the laminectomy at the same three levels made even more improvements.

(Doc said my spinal cord plumped-up just like it was supposed to.)

But, Complications dictated that one more level of discectomy be performed.

That was performed two weeks ago and the healing process is going well again, been doing this neck stuff since June.

Now we wait to see if another laminectomy will be needed after a couple more months of healing up from the latest mess.

After the last operation ole nurse-e-poo just about ruined junior when she extracted the foley.

Many of you gentlemen can relate to the pipe-grabbing, teeth-clenching, screaming, burning sensation involved with a social disease.

That's what it was like for several days while hooked-up to those continuously feeding large IV bags.

I'm not too old to imagine having a use for the lower appendage again some day so I'm gonna talk to doc about the foley situation, if there happens to be another operation.

If I can ever get passed four months healing-up time I'll be able to have another procedure on my severely arthritic ankle to untrap a pesky nerve.

At thirteen days out of the operating room I can almost swallow again.

sledge

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Guest allan

Hello Sledge,

are you getting these surgeries from the VA? Have they helped any?

Allan

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Hello Sledge,

are you getting these surgeries from the VA? Have they helped any?

Allan

The VA has refused to touch me on several medical conditions, c-spine being the latest.

I'm going through the private sector.

Yes, it's costing me a fortune but, what choice do I have.

The medications that the VA refused to supply me with cost several thousand bucks on top of the surgeries.

If my wife did not have a job I would be up the creek, most likely dead.

After it's all said and done I believe I'm better off if the VA quacks never touch me again.

From a gratefull nation.

sledge

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Sledge

How can the VA refuse to treat you? Is it just a matter of them not agreeing that you need surgery or is it something else? I would not let them operate on me if I had other options. I would like to pick my own doctor for a back surgery or any other surgery.

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Guest allan

>How can the VA refuse to treat you?

Hello John,

they don't come right out and say they refuse, they say stuff like, theres no since to look into the spinal mass you actually have, since the ultrasound ruled out what you don't have.

It's the Bush, Nicleson, Buyer way of administering health care.

Thanks Sledge,

will seek care somewhere else than. Since they won't treat me for it.

Allan

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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