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    • Despite the temptation to do that, I personally do not recommend this - especially if you have kids/child support/alimony/etc... The ex would look at you like a piggy bank and that could start more problems.   I have no knowledge of a regulation stating you cannot do things to exacerbate it, but I am not a lawyer. I think the rule of common sense applies in those cases. Broncovet's comment was great. You must decide if you want to fly with the eagles or waste time fighting with the pidgeons.    
    • @gastone @john999 Thank you for your replies. My SC is 50% total: 30% PTSD, 20% lumbar strain, 10% nerve damage in my jaw (Army dental work gone wrong), plus a bunch of 0% for joints. I am aware of the 70% requirement for IU so I also put in for an increase for PTSD along with the TDIU application, even though the TDIU asks which condition I am requesting the IU for and is supposed to automatically evaluate for increase. But I figured if I get the TDIU denied maybe they will still evaluate me for increase outside of the IU decision. Anyway, I submitted the SSDI for ONLY SC conditions. And yes I am aware of the high denial rate for both and lawyer route with SSA, I was mentally preparing myself for denial with SSA already, which is why I was panicking bc I didn't want one denial to increase the odds for denial for the other. I have not been scheduled for any exams from either yet though, and am in decision phases with both. I figure either my medical evidence is strong enough or maybe it's not at all and I an outright denial. Who knows.
    • I would like to get that doctor to opine on my DMII and Sleep Apnea.  I had the SC   DMII before the OSA.  I did not have the OSA until I gained some weight which may be cause and effect of my DMII.  
    • Do you happen to have copies of all of your service treatment records? If not, get them. I ask because the entrance and exit exams, plus any back injury treatment will be important.   When you joined, you had the "presumption of regularity". This means that you are presumed to be healthy. The entrance exam is performed to identify any medical condition which could be exempt from this presumption. In my case, they noted I had eyeglasses which corrected my vision to 20/20. Aside from that, I was presumed to be healthy and normal. When you left the service, the exit exam was performed for pretty much the same reason. In some cases, the examiners might be lazy how they handle it. For example, I left the service which chronic asthma. The doc noted I was treated for asthma, but said my lungs were normal. However, I fought it on appeal and won due to repeat treatment for it while I was in the service.   Be ready to fight back by using your treatment records against the VA. We all know that being in the military and seeking treatment for injuries may be frowned upon and often results in veterans who didn't get the treatment they needed while they were on active duty. For example, look for any treatment after having a fall, car accident, etc.. which caused your back to get this bad. That C&P doc might have tried to attribute the state of your back to natural aging, but if you can prove that they were too lazy to find your actual root cause injury event, that is ammo in your favor.   I would not recommend you open a new claim because all the VA will do is just continue with or reopen your existing claim. Read the SSOC letter and the appeal documentation you received with it. The SSOC should state exactly why they denied your claim. Fight them on each issue directly. I would recommend you consider filing a reconsideration. You have until the NOD clock runs out to have the VA look at your submission to see why you think the C&P doc was wrong. If they don't reply in time, be sure to file an official NOD/appeal before the NOD clock expires. If it expires, then they would consider any further action on your claim to be reopening it, but with a potential new effective date.   Question: Can you post the text of the denial letter section regarding your back? Be sure to omit any personal info or details which don't matter. It might help others here be able to offer an opinion.    
    • Well they talk highly of him on the hadit blog talk radio show,I am suprised to hear this?.. you might give jbasser or Jerrel Cook a  PM  ask if they have a way you can contact him?  I've Only heard good things about Dr C Bash





tdak

Rating Board Time Frame.

6 posts in this topic

Hello again,

What is the usual time frame for a file to be at the rating board? OK, I know the word usual should probably be removed, but on average. I just got off the phone with 1-800-827-1000 and I was told that they no longer give out approximate dates, because the file isn't always rated by the date they have told you and the fact that they have been getting so many claims recently. My file went to the rating board 8DEC06. The last update she had for me was that it was still at the rating board on 10JAN07.

Oh, and I talked to a woman, can't remember her name, but she was very nice and helpful.

Thanks,

Tamara :huh:

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Your file can be bounced from the rating board back to Pre Determination - then it could be sent for more evidence gathering -

you could be called for a 1st or 2nd C&P -- the rating board could request another medical opinion etc...

Being at the rating board does not mean much.

The vet gets an answer when ever ----- the vet gets an answer.

JMHO,

carlie

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Carlie,

I have already had a C&P, and the info on my first letter only the Chiari malformation claim was rated as of now, but there is a list of symptoms:(head injury, neck pain, back pain, migraines with nausea/vomiting, memory loss, tinnitus, dizziness, constant aches and pains, fevers) have been put in as residuals of the Chiari and not stand alone conditions (which some are). It then stated that it was deferred that the osteoarthritis in the right knee was deferred because they needed more information. It also said they requested a medical examination, hmm.ok no info on that yet, and this letter was dated 06OCT06. The C&P did have so far. The doctor checked me for everything (it was almost an hour long), but willing to go again and again. Now that's just the 2nd page of the decision letter. In the next pages (the one with that gives you the introduction/decision/reason for decision states under the reason section that the Chiari residuals(all listed above) are directly related to the military service. They go on to say they are giving me the minimum rating of 60% assigned to benign growths of the brain (yes it is a growth of the brain because the brain herniated). Higher evaluation of 100% is granted for malignant brain growths.

The next paragraph states: The disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability in which not only the functions affected, but anatomical localization and symptoms, are closely related.

Here is a copy of part of the rating schedule:

" Brain, new growth of:

8002 Malignant 100

Note: The rating in code 8002 will be continued for 2 years following cessation of surgical, chemotherapeutic or other treatment modality. At this point, if the residuals have stabilized, the rating will be made on neurological residuals according to symptomatology.

Minimum rating 30

8003 Benign, minimum rating 60

Rate residuals, minimum 10

Note: It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there are ascertainable residuals. Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease. It is of exceptional importance that when ratings in excess of the prescribed minimum ratings are assigned, the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses."

I would like to see the list symptoms needed to fulfill this requirement. I wonder if each symptom is rated at 10% or the 10% is the minimum for the total rating of all residuals as it shows above

Ok, to move on to the knee. They state here that "The issue for osteoarthritis of the right knee is deferred for the following information: additional development.”

So when I called for a status report on my claim they keep telling me that they are working on the back and neck part of the claim as well as the knee. I have no clue sometimes, because I keep thinking that they bulked together all the symptoms from the Chiari, but at the same time it seems like they have taken out the neck and back pain/cervical strain (plus I have had the 1st 2 cervical vertebrae partially removed) and are going to rate them separate. WOW! That was a lot. Sorry I veered a little off course, but I figured I would fill you in on all of it so you could get the big picture.

The woman at the 800# also told me that they will not contact you e.g mail, while your claim is being rated. She said that was because it was at the final stages of being rated. Some days I have no idea who to believe at the 800#. I have been told some totally untrue information, and then again I have been given great and detailed info like today.

So now what do you think? Maybe this is the final stages, or maybe they want to send me to another C&P again? I just want some sort of answer, that’s the part that kills me, waiting to find out anything.

Thanks so much for listening!!

Tamara

PS. I guess "hurry up and wait" is still the unwritten motto of the military.

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I submitted my claim in March of 05. It went to the rating board in June of 06. I just received a partial rating decision dated 28 Dec 2006 with decision letter dated 9 Jan 2007. They deferred two of the conditions for further VA review examination on one and pending additional information on the other. At least they finally gave me something instead of continuing to hold the whole thing up until all the issues have been rated.

So it was almost 6 months at the rating board, before a decision.

22 months is how long it took before I received a partial decision with 21 months of retro for the claims that were approved.

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If you are fortunate to live out here in the middle of no where (Nebraska) it usually takes less than a month. My last claim was at the rating board less than 2 weeks.

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If you are fortunate to live out here in the middle of no where (Nebraska) it usually takes less than a month. My last claim was at the rating board less than 2 weeks.

I do live in the middle of no where, but the problem is that I am bulked in with Metro NY, because I live at the very edge of the county. I only live 2 miles from another county which would then go to a different place. Way back when the claim was first sent, they were processing it, but then because of the overload of claims, it was sent to another place to be processed, which made it even longer because of the in-transit time.

I am just thankful I am SC.

PS. I was stationed at Offutt AFB, Nebraska. It sure is beautiful there.

Edited by tdak

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