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    • You might want to go over this VA Fast Letter as well:  
    • You are (apparently) missing the one thing you need.  You need a doctor to say you are unable to maintain substantial gainful employment due to Service connected conditions.  Im not sure if you have that or not, but, this is what you need for IU.   A lot of times it helps also, if you are enrolled in a Voc Rehab program, where the Voc rehab counselor states, "this veteran is unemployable due to (hearing loss) and or other SC conditions.   Difficulty in communication is often a barrier to employment.  
    • Can you scan and attach here the decision for the claim you filed the NOD on as to their Reasons and Bases part and the evidence they listed? (Cover C file #, name, address prior to scanning it) If he is SC now for the DMII they should award something for the diabetic  nephropathy ,if that was claimed and if they have the private doctor's evidence on that. ...I am confused here.. "Yes filed a nod, filed19 within the 60 days. Vso thru American legion filed all.  We have copies did an iris, about 10 days ago.  No ans yet." I assume then that you are waiting on a Statement of the Case.....????   ." I have got all his lab work from the time he was diagnosis with renal failure.  His Vso  to wait till we rec docket number, otherwise it might get lost without it. However, we ar still waiting on that. Of course it is like everyone else, by the time they get around to rating it, you are  et etc etc " That does not make sense to me. If this claim was actually denied we need more info.   In my opinion, if a claim is Still at a VARO and you have more probative evidence, send it to them with proof of mailing.    Is this the claim he filed in 2012?   Is the VSO supposed to prepare a 646 and is that holding up a BVA transfer? I am lost here and probably I am not making any sense at all......because we dont know what they denied ,why they denied and when they denied.   However, once you get to the BVA (they (BVA) will send you a letter with your docket # on it, and you can send any additional evidence directly to the BVA and then check with them to make sure they have it.   Has any C & P doctor given any opinion on the renal disease yet? Was renal failure due to DMII part of the 2012 claim?  
    • You make a very good point! The C&P examiners surely must realize that they don't work at the VA of 20 years ago. Back in the 90's, I had no way to know if the examiner was being thorough or not. Now, we are empowered with knowledge here from Hadit and also are fortunate enough to have the DBQ's and C&P exam questionnaires available to us online. If C&P instructions say to measure something, the examiner better measure it. With the rating criteria we have, even 1 mm could mean make a difference in your rating. If I ever have to go back in for another C&P exam where the rating is based on a measurement or ROM, I will ask if they have their ruler or goinometer. If they claim they don't need one, I will be like oh yes you do. You don't have one? Here, you can borrow mine. If they still refuse, I would ask for a new exam with a competent examiner who knows how to follow the regulations.
    • Gastone, or Berta,. Or anyone else wharT are your thoughts.





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rodsp

Compensation Question

5 posts in this topic

Has anyone had any experience with compensation award and implants? I recently had a Spinal Cord Stimulator permenantly implanted in my back and was wondering what type of compensation I would be looking at if any at all? thanks

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what was the disability associated with the implant? thanks

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I have not been rated. I retire in 7 months, I had a lumbar lamectimy previously for bulging disc protruding on nerve. Then scar tissue grew around the nerve and that is how I ended up with the implant. I am just trying to get an idea of what the VA usually awards because everyone I have asked so far has not ran into an implant situation. Thanks

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you may want to edit your topic to indicate you need help with your back ...this way members who are well versed in that area of disabilities will click on your thread and give there advice...

MT

here is a good site to read...http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=337.

also here is the schedual of rating for the back

(va website for schedual of ratings

http://www.warms.vba.va.gov/bookc.html#d

THE SPINE

Rating

General Rating Formula for Diseases and Injuries of the Spine

(For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating

Intervertebral Disc Syndrome Based on Incapacitating Episodes):

With or without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease

Unfavorable ankylosis of the entire spine 100

Unfavorable ankylosis of the entire thoracolumbar spine 50

Unfavorable ankylosis of the entire cervical spine; or, forward flexion

of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of

the entire thoracolumbar spine 40

Forward flexion of the cervical spine 15 degrees or less; or, favorable

ankylosis of the entire cervical spine 30

Forward flexion of the thoracolumbar spine greater than 30 degrees but not

greater than 60 degrees; or, forward flexion of the cervical spine greater

than 15 degrees but not greater than 30 degrees; or, the combined range of

motion of the thoracolumbar spine not greater than 120 degrees; or, the

combined range of motion of the cervical spine not greater than 170 degrees;

or, muscle spasm or guarding severe enough to result in an abnormal gait

or abnormal spinal contour such as scoliosis, reversed lordosis, or

abnormal kyphosis 20

Forward flexion of the thoracolumbar spine greater than 60 degrees but not

greater than 85 degrees; or, forward flexion of the cervical spine greater than

30 degrees but not greater than 40 degrees; or, combined range of motion of

the thoracolumbar spine greater than 120 degrees but not greater than 235

degrees; or, combined range of motion of the cervical spine greater than

170 degrees but not greater than 335 degrees; or, muscle spasm, guarding,

or localized tenderness not resulting in abnormal gait or abnormal spinal

contour; or, vertebral body fracture with loss of 50 percent or more of the

height 10

Note (1): Evaluate any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, separately, under an appropriate diagnostic code.

Note (2): (See also Plate V.) For VA compensation purposes, normal forward flexion of the cervical spine is zero to 45 degrees, extension is zero to 45 degrees, left and right lateral flexion are zero to 45 degrees, and left and right lateral rotation are zero to 80 degrees. Normal forward flexion of the thoracolumbar spine is zero to 90 degrees, extension is zero to 30 degrees, left and right lateral flexion are zero to 30 degrees, and left and right lateral rotation are zero to 30 degrees. The combined range of motion refers to the sum of the range of forward flexion, extension, left and right lateral flexion, and left and right rotation. The normal combined range of motion of the cervical spine is 340 degrees and of the thoracolumbar spine is 240 degrees. The normal ranges of motion for each component of spinal motion provided in this note are the maximum that can be used for calculation of the combined range of motion.

Note (3): In exceptional cases, an examiner may state that because of age, body habitus, neurologic disease, or other factors not the result of disease or injury of the spine, the range of motion of the spine in a particular individual should be considered normal for that individual, even though it does not conform to the normal range of motion stated in Note (2). Provided that the examiner supplies an explanation, the examiner’s assessment that the range of motion is normal for that individual will be accepted.

Note (4): Round each range of motion measurement to the nearest five degrees.

Note (5): For VA compensation purposes, unfavorable ankylosis is a condition in which the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following: difficulty walking because of a limited line of vision; restricted opening of the mouth and chewing; breathing limited to diaphragmatic respiration; gastrointestinal symptoms due to pressure of the costal margin on the abdomen; dyspnea or dysphagia; atlantoaxial or cervical subluxation or dislocation; or neurologic symptoms due to nerve root stretching. Fixation of a spinal segment in neutral position (zero degrees) always represents favorable ankylosis.

Note (6): Separately evaluate disability of the thoracolumbar and cervical spine segments, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability.

5235 Vertebral fracture or dislocation

5236 Sacroiliac injury and weakness

5237 Lumbosacral or cervical strain

5238 Spinal stenosis

5239 Spondylolisthesis or segmental instability

5240 Ankylosing spondylitis

5241 Spinal fusion

5242 Degenerative arthritis of the spine (see also diagnostic code 5003)

5243 Intervertebral disc syndrome

Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher evaluation when all disabilities are combined under §4.25.

Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes

With incapacitating episodes having a total duration of at least 6 weeks during the

past 12 months 60

With incapacitating episodes having a total duration of at least 4 weeks but less than

6 weeks during the past 12 months 40

With incapacitating episodes having a total duration of at least 2 weeks but less than

4 weeks during the past 12 months 20

With incapacitating episodes having a total duration of at least one week but less than

2 weeks during the past 12 months 10

Note (1): For purposes of evaluations under diagnostic code 5243, an incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician.

Note (2): If intervertebral disc syndrome is present in more than one spinal segment, provided that the effects in each spinal segment are clearly distinct, evaluate each segment on the basis of incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, whichever method results in a higher evaluation for that segment.

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Thanks I will retry.

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