Old 5311 Posted January 29, 2008 Share Posted January 29, 2008 The VA just determined the following conditions are related to my military service, so connection has been granted: Degenerative joint disease cervical spine, assigned 10%. Degenerative joint disease, lumbar spine, assigned 10%. Osteoarthritis, Left Shoulder, assigned 10%. Osteoarthritis, Right Shoulder, assigned 10%. Osteoarthritis, Left Hip, assigned 10%. Osteoarthritis, Right Hip, assigned 10%. Osteoarthritis, Left Wrist, assigned 10%. Osteoarthritis, Right Wrist, assigned 10%. Osteoarthritis, Left knee, assigned 10%. Osteoarthritis, Right knee, assigned 10%. TOTAL 10% Can this possibly be correct? I am crippled, and have continuous pain, even lying down. I cannot stand, walk or take stairs. The VA knows all this. My hunch is they are waiting on attrition! Someone please explain this decision to me or advise. Thank You. Link to comment Share on other sites More sharing options...
HadIt.com Elder Chuck75 Posted January 29, 2008 HadIt.com Elder Share Posted January 29, 2008 The bright side of this is that the various conditions are now service connected. So, you can ask for higher ratings and TDIU due to the multiple SC conditions. The VA often "low balls" original compensation claims. A notice of disagreement (NOD) is one way, and perhaps the first of several steps. You should, if eligible, also file for SSDI. An SSDI approval for SC connected conditions is extremely useful, and will help substantiate your claim. As for a detailed description of how and why the VA assigned the various 10% ratings, a look at the VA's disability/compensation schedule will provide some idea. You should ask the VA for an "SOC" and the details concerning the way they assigned the 10% ratings. (If they have not already given you that information.) You will need to conduct most of the research and so forth personally. This helps provide a rationale for the NOD. The VA just determined the following conditions are related to my military service, so connection has been granted: Degenerative joint disease cervical spine, assigned 10%. Degenerative joint disease, lumbar spine, assigned 10%. Osteoarthritis, Left Shoulder, assigned 10%. Osteoarthritis, Right Shoulder, assigned 10%. Osteoarthritis, Left Hip, assigned 10%. Osteoarthritis, Right Hip, assigned 10%. Osteoarthritis, Left Wrist, assigned 10%. Osteoarthritis, Right Wrist, assigned 10%. Osteoarthritis, Left knee, assigned 10%. Osteoarthritis, Right knee, assigned 10%. TOTAL 10% Can this possibly be correct? I am crippled, and have continuous pain, even lying down. I cannot stand, walk or take stairs. The VA knows all this. My hunch is they are waiting on attrition! Someone please explain this decision to me or advise. Thank You. Link to comment Share on other sites More sharing options...
Berta Posted January 29, 2008 Share Posted January 29, 2008 Are you saying they totalled all this and gave you 10% ????? also did any consider the bilateral factor? if you are not working did you formally apply for TDIU? Link to comment Share on other sites More sharing options...
HadIt.com Elder LarryJ Posted January 29, 2008 HadIt.com Elder Share Posted January 29, 2008 Let's see: 10 X 10 = 10 People keep asking me, "Why is the VA so SCREWED UP?" The above is a perfectly good example, I would think. I'd be willing to bet that they can't do much better with adding or subtracting, either. Link to comment Share on other sites More sharing options...
Old 5311 Posted January 29, 2008 Author Share Posted January 29, 2008 Chuck75 and Berta, Thanks for the replies. You are exactly right all those add up to 10%. I did get a Statement Of Claim, but do not know about a bilateral factor. I could get 20% if a group of joints were affected. You are right I got low-balled. I have deformity and have lost 2" of height. Also wearing VA issue braces on the legs. Two VA doctors knew my condition was SC and made the notes. They gave the civilian doctors statements credibility. My employer has given me Special Accomodation so I'm thankful for that. Regards "Old 5311" Link to comment Share on other sites More sharing options...
Old 5311 Posted January 29, 2008 Author Share Posted January 29, 2008 •The decision was a disappointing surprise. I am living with a service connected disabling handicap with continuous pain. I cannot stand, walk or take steps. This condition increases my PTSD symptoms. Their decision is for only 10%. Do you have any thoughts or advice on this? Page no. 7 says a 20% evaluation is not warranted unless X-ray evidence shows involvement of two or more major joint groups with incapacitating exacerbations of flexion limited to 30 degrees; or evidence of limitation of abduction lost beyond 10 degrees. This disability is very hard to live with, the limitations are endless. I would think it should be 40-60%. R/"Old 5311" Link to comment Share on other sites More sharing options...
Berta Posted January 29, 2008 Share Posted January 29, 2008 I sure would check the diagnostic codes too as well as the rating schedule- and I would think the braces would put you into a higher rating for some of this- Bizarre- I guess if ten vets showed up -with one claim each -and each claim was just like one of yours then VA would pay 10 vets 10% each.???? maybe that doesnt make sense what I just said but sometimes the VA's Rationale is utterly weird to me. Link to comment Share on other sites More sharing options...
Question
Old 5311
The VA just determined the following conditions are related to my military service, so connection has been granted:
Degenerative joint disease cervical spine, assigned 10%.
Degenerative joint disease, lumbar spine, assigned 10%.
Osteoarthritis, Left Shoulder, assigned 10%.
Osteoarthritis, Right Shoulder, assigned 10%.
Osteoarthritis, Left Hip, assigned 10%.
Osteoarthritis, Right Hip, assigned 10%.
Osteoarthritis, Left Wrist, assigned 10%.
Osteoarthritis, Right Wrist, assigned 10%.
Osteoarthritis, Left knee, assigned 10%.
Osteoarthritis, Right knee, assigned 10%.
TOTAL 10%
Can this possibly be correct? I am crippled, and have continuous pain, even lying down. I cannot stand, walk or take stairs. The VA knows all this.
My hunch is they are waiting on attrition!
Someone please explain this decision to me or advise.
Thank You.
Link to comment
Share on other sites
Top Posters For This Question
8
4
2
2
Popular Days
Jan 29
7
Jan 30
6
Mar 15
4
Feb 15
3
Top Posters For This Question
Old 5311 8 posts
Berta 4 posts
LarryJ 2 posts
Jayg 2 posts
Popular Days
Jan 29 2008
7 posts
Jan 30 2008
6 posts
Mar 15 2008
4 posts
Feb 15 2008
3 posts
26 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now