seabeebu2
Mar 15 2008, 06:25 PM
i am 80% per the VA. i was med boarded out in 99 by the army, and yes i was in the navy. still dont know how that one worked. anyways, i am in appeals right now, i should say still in appeals. they gave me a 10 % increase for neuralgia of the lower extremity, nevermind that they did multilevel back fusion. and that i spent 12 month using a walker, and onother 6 months of waiting for surgery. they sent my decision to me saying that nothing in my back had changed. how exactly does this system work? anyone please help if you can...
Vietnam Tanker
Mar 15 2008, 06:36 PM
Welcome to HADIT, Thank You for your service to our great Nation. Hang on here there are several experts on the board that will give you the corrct advice and any assistance that you need to get you started on the right track. Again, Thanks for your service.
jbasser
Mar 15 2008, 07:52 PM
You are at 80 percent and in appeals. What did you appeal?
You can file for TDIU if you cannot work due to your service connected disabilities.
The VA will rate the Back as follows. If you have had Fusion, They should rate it as traumatic arthritis and use the range of motion as the key for the percentages. They then rate the neurological issues as separate.
They also try to get away with the Invertabral disk syndrome that requires Incapacitating episodes or hospitilizations to get a higher percentage.
If you have 1 disability rated at 60 percent or a combined rating of 70 percent with 1 disability rated at 40 percent you may qualify for TDIU.
There are also extraschedular considerations that may be considered if you dont meet the criteria.
That does not happen very often at the RO level, I have seen the BVA do it a few times.
J
rentalguy1
Mar 15 2008, 08:02 PM
QUOTE (jbasser @ Mar 15 2008, 08:52 PM)

They also try to get away with the Invertabral disk syndrome that requires Incapacitating episodes or hospitilizations to get a higher percentage.
IVDS is ratable under either incapacitating episodes or under general diseases of the spine (ranges of motion).
Pete53
Mar 16 2008, 01:12 AM
Welcome to Hadit. Like John said if you can't work and are getting Social Security you should be getting 100% from VA also. If you can't work and are not getting SSD you need to apply immediately.
If you are working unlikely you will get more from VA.
Good Luck
seabeebu2
Mar 16 2008, 08:08 PM
Thank you. i have applied for social security and was denied 3 times and someone told me to get a lawyer, the problem is that i want to work. i know i cant do what i used to do the docs told me 30# max for lifting. i was a seabee in the navy and construction is unfortunately what i was great at. i got laid off from where i was working because of my condition. the owner and myself knew that i was a safety hazard. the va seems to have put me on the back burner, big suprise i know. i cant just sit still and i have taken my can do attitude and made myself suck it up. i am working now but dont know how long i will last.
john999
Mar 16 2008, 08:20 PM
Seabee
You can't get SSDI if you are working and making over poverty wages. You are defeating yourself. If you could work and save some money for the day you have to stop it would be a good thing. This way you will have money while you wait for SSDI and VA 100%. You have to figure it will take six months to a year to get TDIU or 100% after you stop work for good. You need a plan,or you need to change jobs. If you are flat on your back you will have a hell of a time doing a VA claim with zero money coming in the door and being incapacitated. How old are you if you don't mind me asking? You could get Vocational Rehabilitation from the VA if you are set on working, but you don't want to do heavy physical labor with your problems. It is good to want to continue to work but you don't want to kill yourself.
seabeebu2
Mar 21 2008, 10:35 AM
i am 36 years old. i am in voc rehab, but the meds i take for my back makes it difficult to concentrate on really anything. pills for pain, pills for sleep. and the other day i had something strange, which really freaked me out, was a flashback. i actually saw a mar 19 in front of me and reached out to lock and load. my buddy said it was wierd. anyone ever experienced this before?
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