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I, like many have dealt with the VA for years. I have many service connected injuries that led to a combined rating of 90% last year. I was also granted IU permanent and total at that time due to only being able to work 10 hours a week. I also had in a claim for fibro which had been diagnosed by one of their doctors. That claim was denied. I appealed and yesterday got a packet stating they had made a clear and unmistakable error and granted fibro at 40%. They lumped my migraines and intestinal issues and sleep disturbances in with the fibro, even though I have service connected spinal stenosis which I have heard that the migraines can be secondary to. Do I just take the ruling or try to get the migraines rated as secondary to the spinal stenosis and thus possibly rated at 50% or higher just for the migraines? Am I better off having the fibro on record as it is war related?
Posts: 23 | Registered: Jan 2006
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Because of the possibility that they would get to 100% rather than the IU, but is the IU p&T truly permanent? With the stuff that's wrong on me, their doctors say improvement is not a possibility. Worsening is. I just want to be sure that I don't have to play any games later.
Posts: 23 | Registered: Jan 2006
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I'm 70% for somatoform (vrs.undiagnosed illness), granted temp. IU. coming up on five years, I'm courious as is what to expect.I havn't improved but its not going to be up to me. My outpatient clinic rotates DR. a lot, so its like staring over each visit and it seems nobody has ever even herd of gulf war illness. Sorry, I had to get that off my chest. Thanks for the great info.
Posts: 28 | From: california | Registered: Oct 2009
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I was reevaled at the 5 but it was done behind seen and I was not even aware it had happened till the following year. They looked at my records and determined I had not improved. So if anything thats more likely what you can expect , it saves them time by not sending you back for C&P exams if the you are staying current on medications and visits you should be fine. Keith
Posts: 546 | From: Washington State | Registered: Jul 2005
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That does sound logical thanks alot.I've been wondering if that happens does it stay IU or change to P&T. If not do I apply to raise my sc. from 70% to 100%. I really need champva for my family.
Posts: 28 | From: california | Registered: Oct 2009
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Close out your claim. You have nothing to win by taking the headaches out of the fibro. They could and most likely will drop the fibro rating and with the VA math you may not be any better off.
In the end you will still be getting the 100% pay rate and all of the rewards. It was a long fight and I have worked with a lot of vets over the years that would be happy to be where you are now.
Last month I had one in the same boat and I wanted to fight the migraines being in with his fibro; but he was happy to get the 80% TDIU. He was happy and did ot want to fight any more since it would not get any more money.
-------------------- Jim Bunker President National Gulf War Resource Center http://ngwrc.org WE are all here to help veterans. Posts: 17 | From: Kansas | Registered: Jun 2006
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I have been IU since the start and they didn't change it to PT. I am at 60% for cfs and 70% for adjustment disorder combined for 90% and granted IU. So they did not change anything. I was going to try to add my depression as secondary and possibly the hypertension to try and get to the 100% but but afraid by opening that door I may lose instead of gain I don,t hit my 10 year mark till 2013, then I don,t think they can reduce me.
I can,t even be seen at VA as doc and me got into it and he called the goon squad to have me removed now I am off all meds and no docs I will just drink heavily and probably get myself into trouble with the law and wife but I am sick of the VA's Nazi regime and above the law attitude. All this will most def hurt my comp. so VA has beat me down. Just copied the military channel show on gul war illness and as I am a Khamasiyah vet it said the latest finding was our group shows signs of long term brain damage to the neuro system and 5 outa five of the vets they did the SKY test on all had damaged chromosomes and none of them was on the front with VII Corp or even in Iraq or Kuwait from what the show said so I have a high probability of having damaged chromosomes and brain damage in association to where I served aand where I was and the VA treats me like some teenage boy but never mention the reality or the goon squad takes you for a little walk to the front door. I am filling my heart with hate for them now as I suffer, but I told the patient advocate I can suffer better than anyone I know now this will end badly for my wife and kids I could care less what happens to me. Sorry for the rant this all just seems twisted.
Posts: 546 | From: Washington State | Registered: Jul 2005
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I am well aware that there are plenty vets who need more help than they get. I went 2 decades without any help, help I was assured that I would get when I had to get out, losing my chosen profession . My question has more to do with what is right and just. The migraines can be rated at a much higher rate than Fibro. The intestinal issues they lumped in could be several things (IBS) but are simply placed in with the fibro, using their own books my migraines are severe enough and frequent enough that if things were just the rating would be different. They also list lethargy in as well, when CFS symptoms are present. I simply don't know of a way to have them actually see that lumping everything together is not just. It just seems convenient to diagnose and rate based on what results in lower rating. I am not informed on the differences between IU and the 100% that is why I asked.
Posts: 23 | Registered: Jan 2006
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There are some benefits still available at 100% that you are not entilted with 90% whether granted IU or not. Thats why its convienent for them to give lesser than 100 and grant IU as they pay out less benefits. Don't know all the specifics but like kids education and family getting CHAMPA and dentist work are some I've heard plus survivor benefits if you pass and leave behind loved ones. So I think it is a tree worth climbing, but like in my case I've also heard that after ten years they can't reduce benefits so I wait 2 years and open the door with nothin to lose as oppossed now they could reduce. Its never cut and dry!
I agree them lumping you like that was crafty, justice is hard and complicated. I do hope you do it; its clear you are right and I would appeal as I see no loss and possible gains in the appeal process, if won, as the issue/s your appealing are not reducable to what you are already getting. If that makes the sense I hoped it would.
war-related isn't an issue at this time just as long as it is service connected. BUT their is rumor they may attempt to ballence this budget non-sense on VETS backs and introduce war-related comp claims only in the near future. I disagree with this issue and just hope they don't go down that road.
Hope I stayed on point as I now see where I went off earlier. Always good to have anothers perspective and this board helped me many times with opinions on such topics! Keith
Posts: 546 | From: Washington State | Registered: Jul 2005
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