Disability questions

[SkyShark]

Hello, I have a couple questions that hopefully one of you will be able to answer.

After I ETS in 96 with the medical discharge I came home and followed instruction by filing at the VA for disability. The first problem was my medical records never made it to St. Louis from Bragg. After 4 years of going back and forth my mother had found some letters and pictures that I had sent home during my time in and with those letters and pictures I was awarded 50%. Which I am currently on.

Last October the VA decided to do surgery on my knee. So hopefully that problem is fixed. However I have had back pains and problems for years, the past couple weeks it got a lot worse so I went back to the VA and the Doc had x-rays taken. Upon review of the X-rays, the doc found a fracture in one of the vertabraes. He showed it to me and stated that based on the deteriatiopn of the vertabrae the fracture has been there for years, from he told me the fracture being ther eand my body trying to compensate for it so long it has "eaten" away a lot of the cartilage there in the spine and has now caused arthritis in my spine. He then advised me to go back to the VA and file an appeal with the VA with the documentation from him stating that the back problems I am having is most likely from my knees. When I went to the VA and gave them all that They told me no problem just fill out such and such. So I did that. They gave me a copy of the paperwork to take over to the DAV for my file since the DAV are the ones that have been "representing" me during my claims. When I took it over there they told me "The VA doesn't know what they are talking about, you need to sign these papers and that will close all your claims and then open a new one." Before I did that I went back to the VA rep and he said "No the DAV doesn't know what they are talking about. If the doc says the back issues stem from the knees then you need to fill out the addendum and add it to your current claim for re-evaluation." He then told me that they still have not recovered any of my med records from St. Louis and they still have no record of ever having them. I have been out for almost 12 years now and I suspect they will never turn up.

My question is does anyone know which of these two things are right? Should I do what the VA is advising or the DAV?

Also the Doc has given me a couple options for my back. The first option was some type of injections into my spine, I can't remember the name of the injection but I will if I hear it again. The other option is Phys thereapy with electrode therapy. Has anyone done either of these things and if so which would you suggest?

Sorry this was so long I want wanted to make sure you had as much info and background to answer the question.

Thanks in advance.

[Goog]

In the zip code I currently reside in, the DAV rep is the shit and the VA reps are just "Oxygen thieves". I am getting ready to retire and I have my DAV membership. So far all the VA reps have done is cofused me.

My 2 cents

[SkyShark]

The rep that originally handled my claim in the late 90's was awesome. However in the past 4 years ther have been 5 different reps. I don't know why they can't keep that position filled but they just can't . Currently every week they bring somone else up from California to take care of things. So everytime I go in there now it is a different rep and I have to explain the situation every time.

The lady at the front desk who has been there 20 years is pretty much the one that answers all the questions. She seems to know her shit but I don't know.

Thanks for the response.

[Silverback]

After much research and a few briefings, I would venture to say tha the DAV are the ones who represent YOU. The VA is representing the DOD.

[SkyShark]

Good point. Thank you

[Goog]

After much research and a few briefings, I would venture to say tha the DAV are the ones who represent YOU. The VA is representing the DOD.

Yes, I agree. Prior to filing your claim, make sure you read this web site:

http://warms.vba.va.gov/bookc.html

Write your claim up how you need to based upon that information.

Like I said I am still in the process of filling out my forms and CSRC stuff. Anything I learn I can pass along. In a few weeks, I will meet with the local DAV rep here. He is regarded as a "must" in filing your claims based upon his knowledge. Check with Speedracer, I beleive he is doing the same thing you are.

Good luck.

[F50LRRP]

from 1972 until 2000 I was rated at 10% disabled by the V.A. I had received six Purple Hearts and several other valor medals.

In 2000, I headed the Census 2000 efforts in two counties that contained eight military bases. One of the people that I hired to enumerate the military bases and I were talking one day and he asked if I had been in the service. I replied that I had seven years active and some reserve time. He asked if I had been to Vietnam and I explained about my three times in country. It seems that he had been a DAV representative before coming to work for the census. He filled out claim forms for me to sign and mailed them in. Within two months I was called in to the V.A. hospital, reexamined and rerated at 70%.

Carl, said that that rating was bullsh-t and filed an appeal. Within the next couple of months, I was rerated at 100% and received backpay.

Go with the DAV and don't trust the V.A.!

RLTW,

Mike

[PocketKings]

As for the medical advise; Not being a back doctor, but having broken my back and being married to a chiropractor, I'd advise you to try the non-surgical option(s) first. Surgery should always be a last resort. Percentages vary, but some studies show that upwards of 50% of spinal surgeries do not fix the problem (usually pain). Any back injury, discovered or not, will lead to deterioration and, eventually, arthritis. I'd venture to say 60% of this board has back injuries of some sort, and the other 40% will. That's the life we chose (gladly, I might add).

My wife administers electrode therapy (e-stim). It doesn't do shit for me, but others like it. Again, try it first before injections or whatever. Pain injections do little more that mask the pain. The other injection is likely a type of glue to repair damaged vertabra. My dad, ironically, had the surgery today so I'll let you know if it helped him.

My take is that the VA wants you rated for knees because it pays less. Then they can attribute all back pain to the already rated knees. Attributing knee pain to the back places the root of the problem on the back, which pays more and can lead to other issues (neck, shoulders, etc.). This sounds like a chicken/egg scenario where the VA is trying to select the least compensatory of the two. My take, I could be off.

[Silverback]

3 or more "incapacitating events" (Spinal) a year is rated around 40%

[ma91c1an]

Generally speaking, you want to go with an appeal to an existing condition because the VA then has to pay you back-pay, dated back to the incept date of the case.

In other words, the day that the VA acknowledges receiving your claim, that is the incept date of the case. If you appeal, and if the appeal is adjudicated in your favor, that incept date is the effective date of payment.

The VA will recompute your entitlement amount from that date, then subtract any payments already made to you. The remaining amount is paid to you in the form of a lump sum.

:)

If you close an open case, that is it. That case is closed, game over. To re-open it, you have to come back with a greater burden of proof, and it makes the question of back-pay much more iffy. Generally, the question of back-pay will not even be on the table.

Filing a new case establishes the date of filing as THE date for effective payment.

So, unless I am missing something here, you want to go with an appeal to the last decision.

If you are still within the one year grace period of the last decision, then you DEFINITELY want to go with an appeal to the existing rating. Particularly if you are coming to the table with more information.

You can simply say that you disagreed with the VA's decision, you sought a second opinion, you received that opinion, the opinion is XYZ, and it supports your position. That is it.

You can get technical and read the basis for decisions, as they are actually on the web. It can be difficult, dry reading, however, so unless you can read medical language, skip it. Or get someone who can translate it for you to read it and summarize it for you. You can have your doc insert language in his diagnosis or summary which hits the high notes in the VA's ratings.

If we are talking about a separate diagnosis for a separate condition, then that would be a new case.

If a newly diagnosed condition worsens an already diagnosed condition.... then I believe that the correct vehicle would be an appeal.

Definitely consult with an experienced Veteran's Service Officer before proceeding further, but do not let that one year grace period expire without further action on your part!

[PocketKings]

3 or more "incapacitating events" (Spinal) a year is rated around 40%

No shit? That explains my rating going from 10-40%. I'm good for one 'incapactitating event' per quarter. I'm guessing this is what got mine changed. I had no idea why they jumped it.

Learn a new thing every day.

[SkyShark]

I talked to them again and since the back issues has stemmed from the knees and it has been noted by the VA doc, i am going to add it to the current claim as an addendum.

If the back issues was not a caused by the knee injuries then I would have to open a new one.

Thanks for the advice.

[SkyShark]

If you would quit wearing the pants then we wouldn't have a issue would we?