This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


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    • Sexsomnia
      Your profile indicates that your 100% SC? If your 100SC, an IU Claim would be "Moot." Could you list your SC's & ?%, would help? Semper Fi
    • Blood Clot in Knee
      Hi All, I have a 100% vet who recently had a bad fall and ended up in the emergency room in the town he lives in because VA hospital was to far to take him to.  In examining him they found the blood clot in his knee.  The doctor at the hospital is telling him that he can't go home and told him to call the VA and see if they can monitor him for the blood clot for his INR level, while he's at home.  He's going to have to have blood thinners for the rest of his life. They also want him to have a physical therapist to come to his house and give him physical therapy for about 3 to 6 weeks.  Right now he can't put in any pressure on that leg at all.  This is the same knee that he hurt in the service that keeps giving out on him.  Can he put in a claim for AA, through the VA and if so what can he expect to receive.  Thanks in advance for your replies.
    • My husband died in motorcycle accident
      No, not at all! I appreciate all your advice. Getting the police report, the autopsy report and the medical records have brought up a lot but it's just part of the process. You guys have helped me so much. Thank you! 
    • Sexsomnia
      Update: So diagnosis: Bipolar II, PTSD w/agoraphobia, sexsomnia (undiagnosis, but have had it forever til I found a name for it) Delayed Phase Sleep syndrome, OCD, Hypersomnia I am no longer having nitemares or jumping at everything! my docs say PTSD is curable! I still get anxious and have anxiety at times, and some minor panic attacks, but not as often or severe. But stress really really really screws me up, about 15 months ago I noticed I was getting worst, my bipolar I believe, but I was having strange episodes I can't even explain. I get fuzzy brained and my thoughts get disorganized, and I feel like I had a stroke and I cant get words out, and I stutter, and it frustrates me, and I lose my train or thought, or just a word, it like I see a basket ball in my mind and I dont know the word, then cant explain what it is either. Well I had my first FULL manic episdoe and the VA hospitalized me, diagnosis, physchosis. Then I was convulsing too. they just said its bipolar so I started checking on sexsomnia again, it seems there is more then one kind now, ones stemming from parasomnia, klien level syndrom, and epilepsy and temporal lobe epilepsy causes sleep issues, sex orgasim jerks, mood disturbances, obsessive behavior, anxiety, sturrters, and slurred speech post seizure, and these siezures can be so tiny, no one can se them, and they can just look like I stare for a couple seconds. SO DO I HAVE NONE of those mental health issues at the top of this post, they were all mimic, because seizures created mood disturbances, and thought disorganization, for sometimes days, this would mean I have NO mental health issue, and only nuorligical issue, and not even those sleep disorders! They mental healt put me on antidepressants, and I guess your not supposed to give those to someone with a seizre disorder   sorry for my spelling, its hard for me to type words now, ive been a brain mess for a month.
    • BVA Hearing
      12 years for a BVA hearing?  That is long, even for VA.  I have been fighting 14 years, but that includes 3 trips to the BVA. 
    • Exams during flare up?
      So they would most likely assign the minimum rating for pain? And not assign a rating for range of motion effected by the flare up? 
    • Exams during flare up?
      It must be considered as part of the claim, as it could effect the rating percentage, but rarely is this done in the first examination. At least from 6 exams I have had. You usually have to fight for the secondary issues caused by a service connected injury.   JMO.
    • Exams during flare up?
      A friend of mine who is a fellow Vet were talking about the C&P process. Like me he has a lot of inflammation issues in his shoulders. I told him how the examiner asked me if I was having a flare up when she examined my knee. We both became curious if that has any effect on a rating.   So if a veteran is experiencing a flare up during a C&P exam. Does the assigned rater take that into consideration and rate it at less of a percentage based on the restriction of movement due to a flare up? Or do they rate it as scheduled no matter what?    
    • My husband died in motorcycle accident
      Page1006 I never intended to up set you in any way and I know all this has to be upsetting to you to say the least. I hope you have sent in statements like this one? for evidence of record   your lay statements will be considered. I agree with you I believe your hubby did have some type of episode just right before his Accident..Proving it will be hard.
    • VSO
      JoebobCVSO Thanks for your service to vets and your honesty about working claims when you can get to them. Frankly, no matter how good you are you needs the Vet's evidence and lots of it to convince the VA. Although many characterize them as the enemy in some cases, I see them as hero's that are working theirs tales off to help Vet's. Have I had some negative experiences with exams, claims and interactions with the VA-yes. But, although my rater did not give me all that I expected, it's on me to provide more solid and compelling evidence. I learned early on, that no one is going to care more about a Vet's claims than themselves. So, it's very important for vets to learn as much as they can about the disability process and help you to help them. Recently, I've agreed to help some relatives with their claims due to what I have learned so far and my claims success. But, many of them just want to hand a pile of medical records and be told when to wait by the mail box for a big check? Before I submitted my claim, I do a great deal of work to put the package together. The head of a VA CP Section looked at my submission packages and remarked that they were the most organized that he had seen in 25 years. I told him that I did not want to leave much to chance and that I had some one once tell me that you have to make it easy for the rater to rate in your favor. For me, my VSO was not very good but I know that their are great one out there doing their best and helping Vets. I for one want to thank you for your incite and help via this post. Can you talk about the 3  to 7 big trends or  no/no-s that are hurting vets as they submit their claims packages right now? Goodspeed Rootbeer22

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kevin gouveia

Ivds Of Lumbar Spine Rating

4 posts in this topic

Hello,

back in 2006 I was given rating of 60% for degenerative disc disease of lumbar spine with status post laminectomy and lumbar fusion. I received a letter from the VA stating my diagnosis is changed to IVDS of lumbar spine s/p laminectomy and lumbar fusion with scar and degenerative disc disease. The closest analogous peripheral nerve is the deep peroneal nerve. Remarks for the VA Dr. the effect of the condition on the claimant's daily activity is severe. Question: What does this mean and will my rating go down or will it increase. Thanks, Kevin

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They should have informed you of any change. Our resident lumbar spine expert, Rentalguy will chime in an give you some detailed info on your issue.

J

Edited by jbasser

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kevin, this just did not just come out of the blue did it? Are you in the middle of anther claim or did you have an appeal on the 2006 claim? Basically, you need to actively maintain proof of emergency room/walk-in visits and/or orders for bed-rest by the treating Dr for your back issues.

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Your rating most likely will be reduced. You were most likely initially given the 60% rating after the surgery because of the doctor prescribed bedrest necessary for your recuperation. Since that is no longer in effect, and in the absence of six weeks of doctor prescribed bed rest in the last twelve months, you will have to be rated based upon range of motion under dx code 5243. Since you had a fusion, your spine is fixed in position. Do not let them try to tell you have any range of motion, because the surgery itself dictates that you do not. Unless the surgery went horribly wrong, your thoracolumbar spine should be fixed in the anatomical nuetral position, which translates to "favorable ankylosis." Under the general formula for rating conditions of the spine, favorable ankylosis of the thoracolumbar spine equals a rating of 40%. Now if the surgery left your spine fixed in any position other than anatomical nuetral, that would be a rating of 50%. I would try to find a doctor who could either prescribe six weeks or more of bed rest very soon, or find a doc who can prove that your spine has unfavorable ankylosis.

Regarding the peroneal nerve and radiculopathy; they don't like to give very high ratings for radiculopathy. The VA Training Letter on IVDS states that the majority of rating for nerve damage should be fixed at 10%, with severe cases being assigned a 20% evaluation. I don't know exactly where they come up with this at, but the highest ratings for lumbar radiculopathy involve a foot drop and weakened motion below the knee, and can go up to 80% when rated under dx code 8520 (sciatic nerve). The highest rating for dx code 8521 (external popliteal nerve/common peroneal) is 40% with a foot drop. The majority of IVDS sufferers have sciatica, which means that they should be rated under dx code 8520. Do your best to get a doc to give you a written diagnosis of sciatica, and to accurately note any loss of sensation, loss of strength, loss of movement, and muscle atrophy.

If you need more information regarding spine claims, please click on the spine claim repository link in my signature.

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