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    • Roger That Gastone Will do ASAP. Thanks
    • Load, your at 90%, is your Direct Deposit account set up to Txt/Email you in real-time, regarding all Financial Transactions? Prior to 01/03/2016, I would have agreed with Buck, regarding E-Ben being less than accurate as to Future Completion Dates. I've had (2) Awards in 16, E-Ben posted updates at Least (2) weeks before the Retro Hit. In years past, Retro Hit about a min of 3 weeks before your Decision Letter Arrived, sometime after that, E-Ben was updated to reflect your New Award Info. It definitely appears to me, somebody at E-Ben finally got their Sierra, Hotel, India, Tango together. Semper Fi
    • Thank you for responding.

      All of the original claims were denied of “The evidence does not show a current diagnosed disability” with the exception of the chronic sinusitis, which stated there was no event in service. He claimed no problems even though over 100 pages of civilian medical records for treatments showed otherwise.

      In May of 2012 I sent back the following letter:
        Notice of Disagreement (NOD)
      Dear Sir/Madame: I am in receipt of your letter of 11 April 2012. In that letter you have denied my application for a disability
      rating I claimed 16 AUG 2011.

      Please accept this letter as my Notice of Disagreement (NOD) with your decision.

      My reason for this NOD is an incomplete CP exam was performed along with the examiner not reviewing multiple current civilian medical records and diagnoses.

      I request a Decision Review Officer Process (DRO) appeal and I request a personal hearing.

      I never did get a personal hearing but it turns out they did send a packet in Dec 2012/Jan2013.  I did not remember this until I went through my files. Sorry about that  - I really didn't think I had received back anything.  Dangit - It really gets frustrating when you can't recall a lot of things.  This head injury really screwed up my life!

      It turns out they did send me a request additional data and I sent in a Statement in Support of Claim.  I also did find a copy of the VA Form 9 requesting a hearing but it was only to appeal two of the original issues, and out of that the TBI was eventually rated. 

      I don't recall getting a docket number.

      SO - false alarm.  Again, my apologies for not recalling any of this.  The only thing I need to worry about is having my existing ratings reversed, which I hope is safe because of all the documentation, including VA doctor letters.  If anything, the TBI residue is more severe than what they rated and only gets worse every year.
    • Just did a quick read, did you say anything about your Direct Deposit Account getting Retro Deposit yet? 01/03/16, went on my E-Ben site for my yearly 100% IU T & P Confirmation Letter, to file for the yrly MI DAV Property Tax Exemption. Much to my surprise, the Confirmation page now showed I was 100% Scheduler T & P and receiving $354?.00 per mos instead of the $31??.00 that was actually deposited 01/01/16. The Retro from the 12/15/15 Quality Control Award, hit my bank account about 2 weeks later. If E-Ben now shows your at 100%, don't sweat the Development Letter Deal, just be sure your Direct Deposit Account is set to Txt/Email you in real-time regarding all Financial Transactions. Swmper Fi
    • Buck, Pun intended, Quit Dicking around. Send the Secure Msgs requesting the ED DBQ to your PCP, Urologist and MH Clinician. Remember to give a Reader's Digest version of your ED Symptom Timeline. You Officially file a request for their assistance on your MHV Secure Msg, the Request is Noted in your VMC Med Record within a couple days, as is their response to your Msg. After you get the response, attach a copy to your ED FDC and hit the Submit Button. With your ED Issues discussion being in your respective VMC Clinician's Treatment Notes &/or the DBQs, an ED C & P should be unnecessary. The SMC K Award would be added to your 100% Comp + SMC S (1) for a total of about $3545.00 per mos (Vet w/Wife). Semper Fi


Chronic Lower Back Pain

9 posts in this topic

I am currently rated at 40% for conditions related to chronic prostatitis. As a secondary condition I have chronic lower back pain. I have been looking through the ECFR and need help where to go before I apply. I have a IMO in my favor. It seems that all back conditions are rated on range of motion? Is there anything that is just based on the amount of pain a person has. My motion is limited but the pain is intense.


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There is a court case called the "Deluca" case that empowers VA C&P personnel to regard pain during repetitive motion as part of their examination, but nothing that addresses physical pain. Chronic pain can also be ruled as a mental health issue, but not both as a physical and mental issues.


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Read a little bit more into the injuries of the spine and found this at 20%

-guarding severe enough to result in an abnormal gait....-

I have to hunch over when I walk as the pain is so bad.


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Can you work with this condition?

Does the VA have the "acute" form of the disease on the rating schedule?

Do the doctors believe the current level of symptoms will resolve for any reason?

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Although the April 2006 VA x-ray demonstrated findings ofarthritis, this x-ray did not demonstrate arthritis involvement of 2 or moremajor joints to warrant a separate evaluation under Diagnostic Code 5003.However, the July 5, 2007, VA examination noted flexion from zero to 120 degreeswith pain from 30 to 96 degrees. In other words, factoring in pain, the Veteranhad flexion limited to 30 degrees. See Hicks v. Brown, 8 Vet. App. 417, 421(1995) (noting that under 38 C.F.R. § 4.59, painful motion is consideredlimited motion even though range of motion is possible beyond the point whenpain sets in). In other words, beginning July 5, 2007, a separate 20 percentdisability rating is warranted under Diagnostic Code 5260

The VA is supposed to rate for pain even if you have full range of motion.

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Yes I can work although it does hurt.

The only one I saw for pain was this under 4.71a

...or localized tenderness not resulting in abnormal gait or abnormal spinal contour;...

My doctor has said this will not improve but will probably not get worse either.

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