Disability Physical

KeyserS175 · Post by **KeyserS175** » June 21st, 2007, 8:26 am

I'm scheduled to go to Hines VA on 2 July for my Medical Exam. I have my MRI's, the diagnosis from a civ and military doctor as well as the memo from the military stating that I am to fucked up to be on active duty. Just looking for any advice on how long the process will take after my exam and if there is anything else I should do. I had the Illinois Veterans Administration actually file my claim for me, so I have the support of them. Any advice would be greatly appreciated.

KeyserS175 · Post by **KeyserS175** » July 4th, 2007, 7:06 pm

According to the doctor at the VA that did my physical, my back is in the same condition that he usually sees in 70-80 year olds. Hopefully that means the VA will actually approve my claim sometime in the next 5 years.

Steadfast · Post by **Steadfast** » July 5th, 2007, 2:49 pm

KeyserS175 wrote:According to the doctor at the VA that did my physical, my back is in the same condition that he usually sees in 70-80 year olds. Hopefully that means the VA will actually approve my claim sometime in the next 5 years.

Approving your claim in the next 5 years (it'll be much sooner) isn't the part to worry about. Them (the VA) recognizing your condition is service connected & Then the percentage they award you.

KeyserS175 · Post by **KeyserS175** » August 1st, 2007, 6:38 pm

Just got word today. The VA has recognized my claim and awarded me a total of 30%. They gave 10% for 3 of the 4 and 0% for the forth, but they did recognize it. Now I just need to make an appointment at Hines to get some medical treatment going.

Looon · Post by **Looon** » August 1st, 2007, 6:43 pm

Get ready for the long haul. If your back is that bad, they should totally disable you, BUT............

Ive been fighting them for 16 years. My back has been fucked up since before I got out. hell, the Army booted me for it. They gave me a whopping 10% for a broken bacik when I got out. Now it's up to 30 for my back. Im waiting on another increase.

Make sure you get an MRI if you haven't.

42L5V · Post by **42L5V** » August 1st, 2007, 6:44 pm

You should appeal that shit, and appeal it repeatedly. The VA is going to give you the bare minimum that they think they can get away with.

However, 30% is a golden ticket for any federal service - it's the cut off point, where you can block anyone who is less disabled. (in a round about way). But that doesn't mean that you should settle for that, if you personally feel that you're more than 30% fucked up.

I did all my physicals in April and still haven't heard back yet.

If VAK ever shows his face around here again, he's one of the gurus.

KeyserS175 · Post by **KeyserS175** » August 1st, 2007, 7:37 pm

I plan on appealing. The 0% that they gave me was for my back. The doc said I had 90 degree flexion but the VA requires it not greater than 85 degrees. They also said the X-ray didn't show anything, but when I showed the doc my MRI's, he said that he saw the Disc issues. The 30% was for my neck and ribs.

If I do appeal, can the VA come back and give me less than the 30% or is that guaranteed? Also, during the appeal process, can I get treatment at the VA or do I have to wait until it is all said and done. And if I appeal, would I not receive any of the compensation until the appeal is done or would I start to receive it now and then it would be adjusted upon the completion of the appeal?

ma91c1an · Post by **ma91c1an** » August 2nd, 2007, 5:31 am

KeyserS175 wrote:I plan on appealing. The 0% that they gave me was for my back. The doc said I had 90 degree flexion but the VA requires it not greater than 85 degrees. They also said the X-ray didn't show anything, but when I showed the doc my MRI's, he said that he saw the Disc issues. The 30% was for my neck and ribs.

If I do appeal, can the VA come back and give me less than the 30% or is that guaranteed? Also, during the appeal process, can I get treatment at the VA or do I have to wait until it is all said and done. And if I appeal, would I not receive any of the compensation until the appeal is done or would I start to receive it now and then it would be adjusted upon the completion of the appeal?

Generally, the VA will not reverse an award, but you need to know that they can, if you are "less disabled" than you were previously when they repeat an examination. Everything that they do is based on a physical examination, so as long as the clinical picture is clear and uncontroversial, you will get rated appropriately, eventually. You will have to battle with them to get them to just follow their own goddamned rules, not to mention the law, in the form of Title 38 (which can be downloaded and researched in entirety from the web).

You can get treatment during the appeal process at the VA, and you should. All of those treatment notes get entered into your record, and they have to be considered by the rater when he evaluates your appeal.

You should receive lump sum compensation dated backwards to the date that you filed the claim, paid shortly after the date that the VA actually decided the claim in your favor. You should also receive a monthly disability pension. I do not know what that amount will be for 30% disability.

When your appeal is adjudicated, assuming that you are awarded a higher percentage of disability, you will be paid a modified lump sum based on the difference between your new disability rating and your former disability rating. In other words, if you are rated at 30% now, but are awarded 50% later, as long as you filed the appeal within the one year grace period, you will be paid the 20% difference in a lump sum grandfathered back to the original date of your claim. Since it takes the fucking VA years to process this shit, this means that you can be handed a chunk of money. Your monthly disability pension increases, as well.

Cool?

s.
-

Looon · Post by **Looon** » August 2nd, 2007, 7:23 am

When I was rated at a total of 30%, I got a monthly check of just over $300. That was about 3 years ago. It's not living on money, for sure.

KeyserS175 · Post by **KeyserS175** » August 2nd, 2007, 1:09 pm

Went to the Ill Dept of Vet Affairs today to work on my appeal. They guy I'm working with there is great and has helped a ton. He has advised me to just appeal the 0% rating on my back so I won't mess with the portion that they have awarded me. I think my appeal should be approved for a few reasons, mainly that during my physical when the doc said to bend and stretch, I actually just went as far as I could and didn't stop when I felt the pain since the doc said go as far as you can. So I will include that in my file and also the fact that 2 seperate X-rays showed the problem and the MRI that the doc looked at, but the x-ray they did at Hines didn't show anything. And the VA decision was based off of these two factors.

The monthly check will be $389, but that will be adjusted up since I didn't have my daughters SS# with me when I filed my claim. I"m just glad that they recognized all the injuries and that my medical shit will get taken care of. The money is just nice to have, I mean who says no to extra cash.

Thanks for all the advice and info. Just goes to show how great this site is and how you can always depend on a Ranger for help when you need it.

Cat · Post by **Cat** » August 2nd, 2007, 2:12 pm

Good luck with your appeal on that 0%! I appealed my ratings the first time and it took a every long time. But the back pay that was awarded when I finally got the increased rating was well worth the frustration. Working with the VA is time consuming but in the end it is worth it.

Many veterans give up and donâ€™t bother trying to get their disability rating upgraded because of the red tape. But those that do usually are better off in the end.

KeyserS175 · Post by **KeyserS175** » August 7th, 2007, 6:32 pm

Anyone know if you can get a LEO position if you are collecting Disability?

cope1113 · Post by **cope1113** » August 9th, 2007, 7:11 am

log on to the VA web site and go to the compensation and pension page. What you are looking for is the 38cfr this is the form the VA uses as a guide line for there medical evaluation. You can G2 the form and find what % they award for what aliment. ( how far you can bend over for example.) The VA will fuck you at every chance they can. Go into your next appointment like you are trying to win the oscar for best actor.