Secondary conditions

[seabee7]

Two part question here.

1. I've been SC for degenerative disc disease and bi-lateral radiculopathy since 1992 after a fall from troop carrier during deployment in Dessert Storm. I started out at 10% and have slowly increased through the years to 70%. Last year from out of nowhere my right leg started giving out on me and while I was waiting for appointment with my PC doctor my leg gave out at work when I stepped off of the curb and I ended up falling and landing on my back on the sidewalk. Since then I've had continuous pain in neck and numbness and every other sensation you can think of in my shoulders arms and hands. I've missed 4 months of work this year mainly due to the inability to sleep because my arms and hands go so numb they hurt when I lay down. I filed a workman's comp claim and was denied even though neurologist stated the injury was due to fall and an eye witness account to the fall. I spoke to the workman's comp adjuster who stated the main factor in the denial was that it was my service related injury that caused the accident. Now to my question, can I file a compensation claim for my new injuries as secondary to my service connected injury since it was my service connected injury that caused the fall.

2. I was recently granted 30% for depressive disorder due to chronic pain syndrome. Since the VA has indicated that I have chronic pain due to SC injury couldn't I also claim chronic pain as secondary to my lower back SC CONDITION. Thanks for any advice.

[ShrekTheTank]

Then keep pushing.  Just because they deny you is they don't have what they need to approve it.  Can you redact personal info and post the denial?  

[seabee7]

On 4/28/2021 at 9:11 AM, pacmanx1 said:

IMHO, (IN MY HUMBLE OPINION) now that you have heard all the great advice above, I would suggest that if you cannot work due to your service-connected disabilities, and since you have a combined rating of at least 70% that you consider filing for TDIU.  TDIU is for veterans that can't work or maintain employment due to their service-connected disabilities and they are paid the 100% rating, but they are still rated at 70%.  At the same time, you can also file a claim with the SSA Office and file a claim for SSDI Benefits. Yes, if you can't work you can get both benefits. If you are still working, you can keep this information in mind. I was told many years ago, the longer I worked the more my employment would aggravate my symptoms and make life harder for me.

 

I filed for TDIU back in January and am still waiting for decision. I'm sure it will be denied since I'm still employed. I've missed about 5 months of work since last August and explained that in the remarks section of application. I'm a VA employee and my job has me doing a lot of flooring and concrete work which kills my back. I just can't quit and hope I'm approved for TDIU even though that would probably be the smartest thing I could do for my well being.

 

Edited May 3, 2021 by seabee7

[seabee7]

13 minutes ago, shrekthetank1 said:

Then keep pushing.  Just because they deny you is they don't have what they need to approve it.  Can you redact personal info and post the denial?  

Is there somewhere I can find past denial letters? Hey by the way I see your in Omaha, I grew up on 13th street right by Carter Lake. Small world.

[ShrekTheTank]

Add it here as an attachment.  That is cool, I am in benson.  

[pacmanx1]

58 minutes ago, seabee7 said:

I'm a VA employee and my job has me doing a lot of flooring and concrete work which kills my back.

Since you are a federal/government employee, go to the HR office and inquire/file for disability retirement. The sooner you inquire/file the better.

[seabee7]

On 4/22/2021 at 10:51 AM, seabee7 said:

Two part question here.

1. I've been SC for degenerative disc disease and bi-lateral radiculopathy since 1992 after a fall from troop carrier during deployment in Dessert Storm. I started out at 10% and have slowly increased through the years to 70%. Last year from out of nowhere my right leg started giving out on me and while I was waiting for appointment with my PC doctor my leg gave out at work when I stepped off of the curb and I ended up falling and landing on my back on the sidewalk. Since then I've had continuous pain in neck and numbness and every other sensation you can think of in my shoulders arms and hands. I've missed 4 months of work this year mainly due to the inability to sleep because my arms and hands go so numb they hurt when I lay down. I filed a workman's comp claim and was denied even though neurologist stated the injury was due to fall and an eye witness account to the fall. I spoke to the workman's comp adjuster who stated the main factor in the denial was that it was my service related injury that caused the accident. Now to my question, can I file a compensation claim for my new injuries as secondary to my service connected injury since it was my service connected injury that caused the fall.

2. I was recently granted 30% for depressive disorder due to chronic pain syndrome. Since the VA has indicated that I have chronic pain due to SC injury couldn't I also claim chronic pain as secondary to my lower back SC CONDITION. Thanks for any advice.

Update to my claim, all I can say is what a shit show! I was denied for cervical strain and radiculopathy in both arms. I was also denied workman’s compensation even after  two additional re-evaluations. In my mind and my neurologists I had an open and closed case. It felt like they were using semantics to deny my claim and I couldn’t figure it out. I asked workman’s comp for my file and it didn’t take long to see what was going on. My employer (veterans health administration) was challenging the claim on the basis my service connected injury is what caused the accident. My Neurologist basically went down the list from Workman’s comp and answered all their reasons for denial. I felt pretty confident after I sent them his letter but they still shot me down on the basis of causation which is basically there out for any claim they want to deny. So back to VA comp, after my denial I asked for a higher level review, that was back in July of last year. I spoke with the reviewer in September and that same week the reviewer found a duty to assist error and sent it back to the regional office to be fixed.  Last week I was notified by LHI they had received a request for a Dr’s opinion which is basically the equivalent to workman’s comps causation in my opinion. I filed a supplemental claim submitting the letters from the VHA to Workman’s comp and my Neurologists opinion letter. Not sure what else I can do at this point. I’m still missing about a week of work every month and stuck with a ton of medical bills that workman’s comp refused to pay. If I’d just gone to the VA it wouldn’t of cost me a dime but at the time I couldn’t fathom workman’s comp not covering the accident. If anyone has a suggestion I could use them.

WC VHA contesting letter.pdf Dr Smith letter to WC.pdf