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New Award For Copd

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Guest rickb54

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Guest rickb54

I just recieved a new award of 30% for 6604 COPD, as secondary to 6602 Asthma,

I am puzzled B)

I am already rated 60% for asthma, COPD is secondary to the Asthma.....

If I understand the rating requirements for respiratory conditions, I should have received one rating with both conditions taken into consideration.

My understanding of the rules are: rate the conditions seperately then, a single rating is assigned under the diagnostic code which reflects the predominant disability, with a elevation to the next higher evaluation were the severity of the overall disability warrants such evaluation.

If I understand this correctly I should have been rated 100% under 6602 asthma with copd. I came to this because It they consider asthma to be the predominat disability at 60% I should get the next higher evaluation which is 100% because of the COPD.

Is there someone who understands the rules rating coexisting respiratory conditions, if so am I right that I should receive one rating for both conditons or is the va right to give me two seperate ratings.

I was already 90.55% with TDIU, now the combined rating is 93.38% with TDIU....so this rating didn't help me in any way.

I have:

60% DDD/w footdrop

60% Asthma

30% COPD

10% Hemorriods

10% Tinnitis

10% torn medicus of right knee

10% arthritis of right knee

10% allergic rhinitis

0% hearing

0% eppiditmiddis

If I had been rated 100% under 6602 asthma w/copd would't this have given me an additional SMC, since I get a smc K award for dropfoot rated as loss of use....

Does someone have an answer.. or maybe I am reading into the regulations to fit my needs.........

These are the rules and rating guidelines:

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600

through 6817 and 6822 through 6847 will not be combined with each other.

Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820

will not be combined with each other or with diagnostic codes 6600 through 6817

or 6822 through 6847. A single rating will be assigned under the diagnostic code which

reflects the predominant disability with elevation to the next higher evaluation where

the severity of the overall disability warrants such elevation.

However, in cases protected by the provisions of Pub. L. 90–493, the graduated ratings

of 50 and 30 percent for inactive tuberculosis will not be elevated.

6602 Asthma, bronchial:

FEV-1 less than 40-percent predicted, or; FEV-1/FVC less 100

than 40 percent, or; more than one attack per week with

episodes of respiratory failure, or; requires daily use of

systemic (oral or parenteral) high dose corticosteroids or

immuno-suppressive medications............................

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 60

to 55 percent, or; at least monthly visits to a physician

for required care of exacerbations, or; intermittent (at

least three per year) courses of systemic (oral or

parenteral) corticosteroids...............................

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 30

to 70 percent, or; daily inhalational or oral

bronchodilator therapy, or; inhalational anti-inflammatory

medication................................................

FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 10

to 80 percent, or; intermittent inhalational or oral

bronchodilator therapy....................................

Note: In the absence of clinical findings of asthma at time

of examination, a verified history of asthmatic attacks must be of record.

6604 Chronic obstructive pulmonary disease:

FEV-1 less than 40 percent of predicted value, or; the 100

ratio of Forced Expiratory Volume in one second to Forced

Vital Capacity (FEV-1/FVC) less than 40 percent, or;

Diffusion Capacity of the Lung for Carbon Monoxide by the

Single Breath Method (DLCO (SB)) less than 40-percent

predicted, or; maximum exercise capacity less than 15 ml/

kg/min oxygen consumption (with cardiac or respiratory

limitation), or; cor pulmonale (right heart failure), or;

right ventricular hypertrophy, or; pulmonary hypertension

(shown by Echo or cardiac catheterization), or; episode(s)

of acute respiratory failure, or; requires outpatient

oxygen therapy............................................

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 60

to 55 percent, or; DLCO (SB) of 40- to 55-percent

predicted, or; maximum oxygen consumption of 15 to 20 ml/

kg/min (with cardiorespiratory limit).....................

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 30

to 70 percent, or; DLCO (SB) 56- to 65-percent predicted..

FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 10

to 80 percent, or; DLCO (SB) 66- to 80-percent predicted..

Edited by rickb54
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Rick-I see what you mean-

this might help a little:

http://www.va.gov/vetapp05/files3/0518105.txt

and this one:

http://www.va.gov/vetapp05/files4/0526366.txt

not quite the same but -what is your TDIU based on-

I will look for more BVA decisions-

If the COPD/Asthma does get to TDIU- (seems like it already is)

then the DDD- an independent disability not related to the COPD/asthma as far as I cam tell-at 60% should give you the SMC "S" rate with a "K" award for the footdrop-

Edited by Berta
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Rick,

I'm sorry I don't have an answer for your respitory condition, but I did notice that you stated you have a 60% rating for Degenerative Disc Disease with foot drop and smc for loss of use of that extremity. Do you have a seperate rating for the foot drop? If not, you should have received a seperate rating for that. Just a thought!

Vike 17

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Guest rickb54

Berta,

I get TDIu due to the DDD w/foot drop....

I read the cases you cited, not sure they relate.

Are you saying I should get smc S based on my having TDIU because of the back injury, and a seperate rating of 60% for asthma?

I always though that you had to be rated 100% on one problem and 60% on another to get the smc s award...... I didnot think TDIu counted towarded a s award. am I wrong?

Thanks

Edited by rickb54
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Guest rickb54

Vike,

I was rated under the old criteria for my back and foot drop, at that time foot drop was considered part and parcel of the back injury and the va did not rate it seperate. I could reopen my claim on my back, and request seperate ratings under the new rating guidelines, but I am unsure if that will benefit me so at this time decided not to reopen that claim.

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Guest rickb54

Berta,

is this what you are refering to under smc's:

b. SMC Under 38 CFR 3.350(f)(3) A veteran entitled to SMC under 38 U.S.C. 1114(l) through (n) is entitled to the next higher intermediate rate of SMC under the provisions of 38 CFR 3.350(f)(3) if he/she has an additional single disability that is independently ratable as 50 percent or more disabling.

Note: For the purpose of 38 CFR 3.350(f)(3), define a single disability in accordance with 38 CFR 4.16.

c. SMC Under 38 CFR 3.350(f)(4) A veteran who is entitled to SMC under 38 U.S.C. 1114(l) through (n), is entitled to the next higher statutory rate if he/she has an additional single disability that is independently ratable as 100 percent disabling, apart from any consideration of individual unemployability.

Note: For the purpose of 38 CFR 3.350(f)(4), define a single disability in accordance with 38 CFR 4.16.

If so what does it really mean????/

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