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fmfdoc

Second Class Petty Officers
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Everything posted by fmfdoc

  1. that's correct. I'm 100% P&T and after many years finally was awarded 10% for Rhinitis. thought I'd ask anyway! thanks!
  2. Hello, I'm currently 100% P&T and received 10% for Rhinitis (PACT Act) on 12/11. the effective date is 8/22. My question is will I receive backpay for that one Year? I've had rhinitis since 2006 and only due to the PACT ACT, am I now receiving a positive claim after being denied for many years.
  3. thanks for the Feedback. The Law firm that represented me was Chisholm, Chisholm and Kilpatrick. I've seen there name used several times on this site, Hopefully the Court of Appeals for Veteran Claims decision will be enough to grant an award!
  4. thanks for the feedback. did you go through another C&P before the backpay?
  5. Hi, A Law firm that works with the DAV represented me for a disability case. In 2006, I was rated at 10 percent for DDD. The Law firm claims the VA did not consider ROM with pain during my C&P in 2006. Fast forward to 2015 during an appeal and having to meet with a Traveling VA Judge, I was eventually rated 40 percent (which is what i thought i'd be this whole time). Just today, I received a letter from the firm. They are "pleased to tell me" The Court of Appeals for Veteran Claims vacated the decision from the BVA and remanded my claim for further "proceedings consistent with the Joint Motion for Remand and the Court's order" Essentially, the VA agreed that the range of Motion with pain was not taken into consideration. My claim file will be transferred to the BVA and they must make a new decision. The letter ends by asking me to call the DAV national appeals officer. I did and left a VM. So, my questions are: Has anyone had this experience? what was your outcome? Also, is there a possible back pay due based on this going back to the BVA? I hope all of you are doing well! let me know if you can shed some light for a possible outcome.
  6. Hi everyone, Question... I currently have SA secondary to PTSD and depression. I have been knocked out several times on active duty( parachute falls, combat) but have never been dx'ed with TBI. I do suffer from the memory loss and other symptoms that I've read about with TBI but again have never been dx'ed for that. I had several headache treatments during AD... What route would you recommend to get the TBI claim going? I have a PCP appointment next month at the VA and want to present possible TBI issues. In many ways, I sucked it up after I passed out and didn't run to the Military doc.
  7. Hi everyone, Question... I currently have SA secondary to PTSD and depression. I have been knocked out several times on active duty( parachute falls, combat) but have never been dx'ed with TBI. I do suffer from the memory loss and other symptoms that I've read about with TBI but again have never been dx'ed for that. I had several headache treatments during AD... What route would you recommend to get the TBI claim going? I have a PCP appointment next month at the VA and want to present possible TBI issues. In many ways, I sucked it up after I passed out and didn't run to the Military doc.
  8. My pending claim really has nothing to do with my back which is the 100 percent P&T. Also, I don't feel like I'm gambling and putting this 100 percent at risk. I should here something back with the next month.
  9. Gastone- no "future exams scheduled" was listed on my letter. I have another claim opened but not for the back...Maybe I should withdraw that and move on with my 100% P%T?
  10. I just wanted to share my success story. Just last week, I won my appeal for IVDS/DDD resulting in 100%. Having that increased pushed me over the top to 100% and P&T. I wasn’t expecting the P&T and will not argue that decision or the 100 %. The appeal started early 2015 and concluded last week. Actually, the battle to increase started in 2008 and as time went on my back just didn’t get better. I applied for an increase, was rejected several times and the finally appealed this past decision and won. I didn’t win because of luck; I won because I fought each and every step. So, for those still working on an increase and want to be 100 percent (or even just increase to another percent), you better be your best advocate. Your VSO will help but you need to be WAY more proactive than just a VSO. To start, I learned what I needed to do by trolling this site and asking questions (for C&P exams, expert letters, notice of disagreements, etc.). We each have our own Physical or psychological disabilities but our goals are the same and that is to get what we deserve. If you feel you deserve it, then buckle down and get ready for a journey. I can attest it can be a long journey but it’s in my personality to never give up and never take no for an answer. Finally, I know that P&T is not exactly “permanent” for at least 10 years. I'll still attend my appointments and my back is still messed up. It’s like VA Math. It doesn’t make sense but neither does being denied increase for something that is taking away from a better quality of life. PLEASE be your best advocate, listen to advice on this site and keep your vision in front of you!
  11. thanks for your feedback. to each is own. From my understanding the rating is based on ROM not xrays results. I have read through dozens upon dozens of appeal results. I didn't see where xrays trumped C&P ROM.
  12. here are my x-ray results. My understanding is the ROM or lack of ROM will be key for an increase.. There is an exaggerated lordosis of the lumbosacral spine with degenerative disc changes scattered in the lumbar spine. There is no evidence of spondylolisthesis. partial lumbarization of S1. minimal right convex curve to the lumbar spine.
  13. thanks for the feedback. I currently don't use assistive devices(yet). I've done as much as I can to this point and hope the appeal results are coming back to me soon.
  14. What if I'm already receiving 10% for left and right ridiculopathy. Is that an addition 10 % for sciatica? thamk you so much for the feedback above!
  15. thanks and don't feel sorry. I'll keep working on it!
  16. Hi, I wanted to get some feedback on my C&P exam due to a claim. The claim went forward because my previous C&P for my DDD was full of lies about my ROM. Below is my ROM during the exam also complete redacted exam. Anyway, any idea of what the possible increase would be? forward flexion----0 to 15 degrees extension---- 0 to 10 degrees right lat flexion-- 0 to 10 degrees left lat flexion-- 0 to 10 degrees right lat rotation----0 to 20 degrees left lat rotation-- 0 to 20 degrees Here is my full exam: CURRENT STATUS BACK CONDITION: He has a baseline pain of 7/10 that flares up to 8-10/10 a couple times a month. If it flares up and he can't go to work he calls in sick. He missed over 100+hrs over the past year for his back. The pain is across the lower back and goes into both buttocks. A couple times a week the pain can go down into both calves. He does a lot of stretching which seems to help. He feels like there have been about 5-6 weeks total over the past year where he has been totally incapacitated and needed to have family members help him get dressed and out of bed. He is in the middle of a flare up now. Care has included chiropractic care, medications, TENS unit and physical therapy. No surgery on the back or injections in the back. b. Does the Veteran report flare-ups of the thoracolumbar spine (back)? [X] Yes [ ] No If yes, document the Veteran's description of the flare-ups in his or her own words: Its like a burning shooting pain in the back down shoots down back of legs. c. Does the Veteran report having any functional loss or functional impairment of the thoracolumbar spine (back) (regardless of repetitive use)? [X] Yes [ ] No If yes, document the Veteran's description of functional loss or functional impairment in his or her own words. He can't go to work. he has a stand up desk at work when he needs it. He has to take a lot of time off from work. When he feels totally incapacitated he will need family members to help with daily activities. 3. Range of motion (ROM) and functional limitation -------------------------------------------------a. Initial range of motion [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Forward Flexion (0 to 90): 0 to 15 degrees Extension (0 to 30): 0 to 0 degrees Right Lateral Flexion (0 to 30): 0 to 10 degrees Left Lateral Flexion (0 to 30): 0 to 10 degrees Right Lateral Rotation (0 to 30): 0 to 20 degrees Left Lateral Rotation (0 to 30): 0 to 5 degrees If abnormal, does the range of motion itself contribute to a functional loss? [X] Yes (please explain) [ ] No If yes, please explain: can't sit comfortably. stands for most of history and exam Description of pain (select best response): Pain noted on exam and causes functional loss If noted on exam, which ROM exhibited pain (select all that apply)? Forward Flexion, Extension, Right Lateral Flexion, Left Lateral Flexion, Right Lateral Rotation, Left Lateral Rotation Is there evidence of pain with weight bearing? [X] Yes [ ] No Is there objective evidence of localized tenderness or pain on palpation of the joints or associated soft tissue of the thoracolumbar spine (back)? [X] Yes [ ] No If yes, describe including location, severity and relationship to condition(s): tender lumbar paraspinal muscles b. Observed repetitive use Is the Veteran able to perform repetitive use testing with at least three repetitions? [X] Yes [ ] No Is there additional loss of function or range of motion after three repetitions? [X] Yes [ ] No Select all factors that cause this functional loss: Pain ROM after 3 repetitions: Forward Flexion (0 to 90): 0 to 10 degrees Extension (0 to 30): 0 to 0 degrees Right Lateral Flexion (0 to 30): 0 to 5 degrees Left Lateral Flexion (0 to 30): 0 to 5 degrees Right Lateral Rotation (0 to 30): 0 to 5 degrees Left Lateral Rotation (0 to 30): 0 to 5 degrees c. Repeated use over time Is the Veteran being examined immediately after repetitive use over time? [ ] Yes [X] No If the examination is not being conducted immediately after repetitive use over time: [X] The examination is medically consistent with the Veteran's statements describing functional loss with repetitive use over time. [ ] The examination is medically inconsistent with the Veteran's statements describing functional loss with repetitive use over time. Please explain. [ ] The examination is neither medically consistent or inconsistent with the Veteran's statements describing functional loss with repetitive use over time. Does pain, weakness, fatigability or incoordination significantly limit functional ability with repeated use over a period of time? [X] Yes [ ] No [ ] Unable to say w/o mere speculation Select all factors that cause this functional loss: Pain Able to describe in terms of range of motion: [X] Yes [ ] No Forward Flexion (0 to 90): 0 to 10 degrees Extension (0 to 30): 0 to 0 degrees Right Lateral Flexion (0 to 30): 0 to 5 degrees Left Lateral Flexion (0 to 30): 0 to 5 degrees Right Lateral Rotation (0 to 30): 0 to 5 degrees Left Lateral Rotation (0 to 30): 0 to 5 degrees d. Flare-ups Is the exam being conducted during a flare-up? [X] Yes [ ] No Does pain, weakness, fatigability or incoordination significantly limit functional ability with flare-ups? [X] Yes [ ] No [ ] Unable to say w/o mere speculation Select all factors that cause this functional loss: Pain Able to describe in terms of range of motion: [X] Yes [ ] No Forward Flexion (0 to 90): 0 to 10 degrees Extension (0 to 30): 0 to 0 degrees Right Lateral Flexion (0 to 30): 0 to 5 degrees Left Lateral Flexion (0 to 30): 0 to 5 degrees Right Lateral Rotation (0 to 30): 0 to 5 degrees Left Lateral Rotation (0 to 30): 0 to 5 degrees e. Guarding and muscle spasm Does the Veteran have guarding or muscle spasm of the thoracolumbar spine (back)? [X] Yes [ ] No Muscle spasm: [ ] None [X] Resulting in abnormal gait or abnormal spinal contour [ ] Not resulting in abnormal gait or abnormal spinal contour [ ] Unable to evaluate, describe below: Provide description and/or etiology: walks slightly hunched forward Localized tenderness: [ ] None [X] Resulting in abnormal gait or abnormal spinal contour [ ] Not resulting in abnormal gait or abnormal spinal contour [ ] Unable to evaluate, describe below: Provide description and/or etiology: walks slightly hunched forward Guarding: [ ] None [X] Resulting in abnormal gait or abnormal spinal contour [ ] Not resulting in abnormal gait or abnormal spinal contour [ ] Unable to evaluate, describe below: Provide description and/or etiology: walks slightly hunched forward f. Additional factors contributing to disability In addition to those addressed above, are there additional contributing factors of disability? Please select all that apply and describe: Interference with sitting 4. Muscle strength testing -------------------------a. Rate strength according to the following scale: 0/5 No muscle movement 1/5 Palpable or visible muscle contraction, but no joint movement 2/5 Active movement with gravity eliminated 3/5 Active movement against gravity 4/5 Active movement against some resistance 5/5 Normal strength Hip flexion: Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Knee extension: Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Ankle plantar flexion: Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Ankle dorsiflexion: Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Great toe extension: Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5 b. Does the Veteran have muscle atrophy? [ ] Yes [X] No 5. Reflex exam -------------Rate deep tendon reflexes (DTRs) according to the following scale: 0 Absent 1+ Hypoactive 2+ Normal 3+ Hyperactive without clonus 4+ Hyperactive with clonus Knee: Right: [ ] 0 [ ] 1+ [X] 2+ [ ] 3+ [ ] 4+ Left: [ ] 0 [ ] 1+ [X] 2+ [ ] 3+ [ ] 4+ Ankle: Right: [ ] 0 [ ] 1+ [X] 2+ [ ] 3+ [ ] 4+ Left: [ ] 0 [ ] 1+ [X] 2+ [ ] 3+ [ ] 4+ 6. Sensory exam --------------Provide results for sensation to light touch (dermatome) testing: Upper anterior thigh (L2): Right: [X] Normal [ ] Decreased [ ] Absent Left: [X] Normal [ ] Decreased [ ] Absent Thigh/knee (L3/4): Right: [ ] Normal [X] Decreased [ ] Absent Left: [ ] Normal [X] Decreased [ ] Absent Lower leg/ankle (L4/L5/S1): Right: [X] Normal [ ] Decreased [ ] Absent Left: [X] Normal [ ] Decreased [ ] Absent Foot/toes (L5): Right: [X] Normal [ ] Decreased [ ] Absent Left: [X] Normal [ ] Decreased [ ] Absent 7. Straight leg raising test ------Provide straight leg raising test results: Right: [ ] Negative [X] Positive [ ] Unable to perform Left: [ ] Negative [X] Positive [ ] Unable to perform 8. Radiculopathy ---------------Does the Veteran have radicular pain or any other signs or symptoms due to radiculopathy? [X] Yes [ ] No a. Indicate symptoms' location and severity (check all that apply): Constant pain (may be excruciating at times) Right lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe Left lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe Intermittent pain (usually dull) Right lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe Left lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe Paresthesias and/or dysesthesias Right lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe Left lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe Numbness Right lower extremity: [ ] None [ ] Mild [X] Moderate [ ] Severe Left lower extremity: [ ] None [ ] Mild [X] Moderate [ ] Severe b. Does the Veteran have any other signs or symptoms of radiculopathy? [X] Yes [ ] No c. Indicate nerve roots involved: (check all that apply) [X] Involvement of L4/L5/S1/S2/S3 nerve roots (sciatic nerve) If checked, indicate: [ ] Right [ ] Left [X] Both d. Indicate severity of radiculopathy and side affected: Right: [ ] Not affected [ ] Mild [X] Moderate [ ] Severe Left: [ ] Not affected [ ] Mild [X] Moderate [ ] Severe 9. Ankylosis -----------Is there ankylosis of the spine? [ ] Yes [X] No 10. Other neurologic abnormalities ---------------------------------Does the Veteran have any other neurologic abnormalities or findings related to a thoracolumbar spine (back) condition (such as bowel or bladder problems/pathologic reflexes)? [ ] Yes [X] No 11. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest ----------------------------------------------------------------------a. Does the Veteran have IVDS of the thoracolumbar spine? [X] Yes [ ] No b. If yes to question 11a above, has the Veteran had any episodes of acute signs and symptoms due to IVDS that required bed rest prescribed by a physician and treatment by a physician in the past 12 months? [X] Yes [ ] No If yes, select the total duration over the past 12 months: With episodes of bed rest having a total duration of at least four weeks but less than six weeks during the past 12 months c. If yes to question 11b above, provide the following documentation that supports the Yes response: [X] Medical history as described by the Veteran only, without documentation: see history above. Does not go to doctor everytime it flares. Was told by PCP that he would not prescribe bedrest. [ ] Medical history as shown and documented in the Veteran's file: [ ] Other, describe: 12. Assistive devices --------------------a. Does the Veteran use any assistive device(s) as a normal mode of locomotion, although occasional locomotion by other methods may be possible? [ ] Yes [X] No 13. Remaining effective function of the extremities --------------------------------------------------Due to a thoracolumbar spine (back) condition, is there functional impairment of an extremity such that no effective function remains other than that which would be equally well served by an amputation with prosthesis? (Functions of the upper extremity include grasping, manipulation, etc.; functions of the lower extremity include balance and propulsion, etc.) [X] No 4. Other pertinent physical findings, complications, conditions, signs, symptoms and scars ---------------------------------------------------------------------- a. Does the Veteran have any other pertinent physical findings, complications, conditions, signs or symptoms related to any conditions listed in the Diagnosis Section above? [X] Yes [ ] No If yes, describe (brief summary): walks with slow stiff back gait slightly huched forward after exam b. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis Section above? [ ] Yes [X] No c. Comments, if any: No response provided 15. Diagnostic testing ---------------------a. Have imaging studies of the thoracolumbar spine been performed and are the results available? [X] Yes [ ] No If yes, is arthritis documented? [ ] Yes [X] No b. Does the Veteran have a thoracic vertebral fracture with loss of 50 percent or more of height? [ ] Yes [X] No c. Are there any other significant diagnostic test findings and/or results? [ ] Yes [X] No 16. Functional impact --------------------Does the Veteran's thoracolumbar spine (back) condition impact on his or her ability to work? [X] Yes [ ] No If yes describe the impact of each of the Veteran's thoracolumbar spine (back) conditions providing one or more examples: He has missed over 100+ hrs of work over the past year due to his back. He will sometimes have to go home after a half day of work if back flares. He has a sit/stand desk at work which helps. 17. Remarks, if any: -------------------veteran now has sciatica type symptoms bilateral lower extremities. his subjective descriptions are documented in the radiculopathy section. It is likely that these symptoms are secondary to his SC low back condition as they often represent the natural progression of such conditions.
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