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donna68

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Everything posted by donna68

  1. Sleep foundation . Com has a good write up about the association between OSA and PD or Parkinsons.. Type in key words parkinsons and sleep disorders. If you get a medical opinion from a neurologist and or pulmonologist than you are golden. Good luck!
  2. Parkinsons is a minimum of 30%. They can then break out your secondary conditions, ie-constipation, depression, loss of smell.......... and give you additional % for them. The statement about being unable to work may trigger them to invite unemployability -100%, even though you generally need one condition at at least 40% and one or more combined with the 40% total of 70%. If they dont invite it you can ask for extra schedular unemployability for 100%. Good Luck!
  3. Not topical. Sorry. If you are on topical and have 0% exposed and total its a 0% evaluation. Topical does not warrant compensation, its non-compensable.
  4. Yes it is true that IBS and GERD are rated together and you should be granted the higher evaluation. You can put in a claim for GERD or an increase for IBS. The increase will probably be more effective. If you have alternating constipation & diarrhea with moderate symptoms you will warrant a 30%.
  5. Diagnostic code 7806 means a skin condition (dermatitis) or other skin condition. Its just an identifing code. If you had migraines they would use diagnostic code 8100, tinnitus would be 6260. As far as steroids, yes if you are on pills you warrant a higher evaluation, creams/topical dont warrant more than 0%. Unless you have more than 5% coverage exposed. Prolonged use of steroids is not recommended and very rare a doctor will prescribe oral steroids for 6 weeks, because it is harmful to your organs. But topical use may warrant a clothing allowance stipen.
  6. This may have already been posted, but just in case it wasnt. I would ilke to clarify something. First of all lumbago is a symptom and not a condition per VBA, so if you got service connected for lumbago, it is wrong, but thats not uncommon. Secondly, yes you are entitled to a separate rating for radiculopathy if either extremity warrants a 10% or higher other wise its lumped into the low back diagnosis since its a 0%. The lumbar spine is a joint or spine condition which for VBA rating purposes includes the thoracic spine, DDD, DJD, arthritis and any other lumbar or low back joint issues and radiculopathy is a nerve condition, hence they are indeed separate. It is common to have cervical spine problems when you have lumbar spine issues, so consider claiming cervical spine secondary to lumbar spine if your neck actually hurts. The same for hips.
  7. Great rating! Every VA is different when it comes to future exams. If they didnt indicate you will have a future (5 yr) exam then you will not be at risk of decrease. The conditions that they can and/or may propose to decrease are those that are 20& or higher and can get better over time which inlcudes maxilary sinusitis, headaches, lumbar spine, but not sleep apnea. As far as the member saying your mental rating at 10% is low, it is likely that your mental and cognitive disorder symptoms overlap and they cant use the same symptoms for two deifferent conditions, so they are supposed to separate the symptoms out and give you the better evaluation overall.
  8. There is a genetic research company doing studies on Parkinson's along with other conditions. Currently they are providing FREE DNA testing for people diagnosed with Parkinsons. Visits www.23andme.com/pd/codereq and fill out the information requested and the company will send you a DNA kit free of charge. Once you provide your DNA they will test it and then will provide you with feedback.
  9. Thurston511, You need to be proactive and go for what you deserve. Apply for SSDI and TDIU, and any other benefit you feel you deserve. Either you apply and get the benefit or you don't. If you dont apply, you will never get the benefit. If your records are with VAMC or private send a request for copies of them, you should keep copies of all evidence you have. If private records show that your condition was worse, VBA will go back one year. If the VAMC doctor 5 years ago determined that your condition was worse than a 50% and noted symptoms that warrant a 70% or 100%, VBA is required to take all federal records in consideration when granitng an increase, and if your VAMC records show that you were unemployable or a 70% 5 years ago they have to grant your new % back to when they had evidence that your condition worsened.
  10. Definitley apply for SSDI. I also suggest that you send in a VA Form 21-4138 claiming an increase for his service connected conditions and claiming individual unemployability (whether he has a 60% or a 40% plus another % to equal 70% or not). If you can get a medical opinion saying the restless legs or periodic limb movement and sleep apnea are due to medications he is taking for the PTSD, put in a claim for those conditions secondary as well. Night terrors and sleep impairment are symptoms of service connectable conditions but they are not actual disabilties. Also, if he injured himself due to symptoms of PTSD, put in a claim for those conditions as secondary. If you experiencing a financial hardship due to his job loss also consider putting in for a financial hardship to expedite your claim. VA's speed with handeling of financial hardships varies from one location to another.
  11. Ratings or evaluations for Axis I mental disorders is based on the same criteria no matter what the mental illness is except eating disorders. So whether you have PSTD, depression or anxiety disorder, all of them or just one of them, if they grant service connection for all of them, you are evaluated based on symptoms, your level of functioning and your GAF score. So if you have symptoms from a higher evaluation than 30% (below), definitely put in for an increase. Currently, the new generated text system seems to be giving higher evaluations than the traditional version, so its a good time to put in for an increase and a low GAF score seems to have more weight than in the traditional ratngs. General Rating Formula for Mental Disorders: Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name .......................... 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships ........................................................................................... 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships ........................ 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ........................................................... 30
  12. Georgiapapa, Applying for a MH condition now or waiting can have different outcomes. If you apply now, it could hold up your claim but the good thing is you will also get you a higher rating. As far as the PTSD, it is an axis I disorder, so when they gave you an axis I diagnosis, if you had PTSD at that time it would have been included in the axis I diagnosis. Based on your symptoms, you would rate at about a 50% for adjustment disorder secondary to your multiple myeloma. One thing to investigate is (and Im not totally sure about this) but I recall hearing that since VA must review VAMC records when making their decision on all claimed conditions, and since the VA doctor said your adjustment disorder is secondary to your multpile myeloma, then VA may have to honor the date of your multiple myeloma claim and consider the mental condition secondary based on the multpile myeloma or MH diagnosis, which ever came second, because technically the evidence is already in their posession and the opinion that it is secondary was already provided. Another thing you can consider is send in a VA Form 21-4138 just inquiring about the status of your claim and then add a note like "I am following up on my claim for ___, the aniticipation or long wait for my rating decision is making my anxiety worse". Once you do that, then you have just created an ambiguous claim for anxiety and hopefully they will miss tand not do the development for it (which is what holds up yur claim), then when you get your multiple myeloma rating you put in the claim for anxiety and adjustment disorder secondary to multiple myeloma and then they have to give you the effective date of the 21-4138 you sent in asking about the status of your claim. Sounds twisted, but you are not being dishonest. Hope this helps and isnt confusing. Donna
  13. It seems like San Diego VBA deals with things quite differently. If the quick start department receives a congressional inquiry or a financial hardship case the case gets rated quite quicky, like within a few weeks of receiving the letter from the congressman's office or the documentation that proves a finacial hardship. San Diego VBA also seems to be alot more pro veteran than many other VBA's. Unfortunately, their "quick start" case are back up 6 to 12 months.
  14. There are key things that the rater will input into the evaluation builder to generate an evaluation or percentage. The key items I see in your examination that they will enter into the system are: 1) a mental condition has been diagnosed (major depression) the specific diagnosis doesnt matter as long as its an Axis I, which it is. 2) GAF score 53, which means moderate impairment 3) panic attacks weekly 4) reduced reliability 5) suicidal ideations from what I see, you will get a VA rating of 50% at a minimum and possibly a 70% Even though you had mild memory problems the system gives the choice of short term AND long term memory impairment so since yours is recent and not long term, they may not choose that symptom. If the examiner had said yes to deficiencies in occupational and social functioning you would rate at a 70% Hope this helps!
  15. kkarlson Did they try Concerta? VA doesnt usually use it but they can get special approval to order it if your doctor demands it. Its my understanding that its less addictive and doesnt have the amphetamine/irritability affect. As far as the personality disorder, I may not have been clear. What I was saying is if the VA doctor diagnosis an Axis I of bipolar disorder and and Axis II of a personality disorder and concludes that the Axis I disorder is due to the Axis II disorder, the VA can deny your claim for service connection. I have seen it happen. As far as someone recommending that you not to tell the VA you have a personality disorder, I agree that providing evidence that doesnt help your case isnt in your best interest, but it is important to realize that if they do a VA MH exam (which is highly likely) and you truely have a personality disorder, the VA MH clinician will more than likely identify that you have one because unfortunately personality disorders are hard to hide. You have presumption of soundness in your corner. If you havent already, try and look it up and read it.
  16. It looks like you have a 50% and a 10% with a total of 60%. To qualify for schedular IU you need specific %. You need one service connected disability evaluated at 60% or more OR one at 40% or more and another condition which when combined with the 40% equals 70%. So they may not have ignored to doctors opinion, but determined that due to your current evaluation you don qualify. I grabed this from the VA website. What Is Individual Unemployability? Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level. What Is the Eligibility Criteria for Individual Unemployability? A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have: One service-connected disability ratable at 60 percent or more, OR Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
  17. kkarlson, Sorry to hear that you are going through so much. As someone stated before, VA doesnt service connect personality disorders but they do service connect mood disorders like bipolar disorder as long as the VA examiner doesn't conclude that the mood disorder is due to or secondary to the personality disorder or that the condition existed prior to service, even if its not documented. Military records may say the condition was aggravated, but the VA can determine that it was not aggravated. Presumption of soundness should be considered (meaning you were of sound mind and body when you enlisted). As you may see on this site, some veterans get their decision in 6 months some take years, so try to be patient and dont re-send any of the same supporting evidence. If you are unemployed, you can contact VA and inform them you are experieincing a financial hardship, they should then ask for documentation to support your financial hardship (ie-household income, bills, rent..) and then they can expedite your claim. Also, if you do experience difficulty maintaining a job due to your mental condition, and you can get a doctor to support your claim in writing, you can apply for individual unemployability, which gives your a 100% rating. However, if you are granted IU you can still work but you cant earn more than about $12,000 a year. All mental conditions are grouped together and rated based on your level of function, symptomology and a GAF score. I see you looked at the rating scheduled, so with that in mind, when you have your exam tell him/her about the symptoms you have especially the ones listed in the rating schedule. Hope this helps! Just gotta ask, if you have a history of abusing stimulants, why the heck are they prescribing Adderral?
  18. If you are MEB'd out, try to get permanent disability assigned rather than a temporary. Any symptoms you have in any part of your body, get it documented or go to sick call for it. Anything as minimal as it may seem, like ringing in your ears, ear aches, neck pain, upset stomach, heartburn (which pain pills can cause), hip pain, knee pain, depressed mood...... Your joint ratings will be evaluated based on pain with range of motion. The more decreased it is the higher the rating. When you have your VA exam, you want to present ato the examiner at your worst , honestly, but your worst case scenerio. So if jogging or exercise makes you feel more pain and decreases your range of motion, jog or work out the day before the exam so you are at your true worst. If you take pain pills and can miss a day, dont take your pain pills the day of the exam.... Yes, a veteran can get rated for radiculopathy, neuralgia, neuritis, numbness or tingling ..without a positive EMG, based on mild 10%, moderate 20%...symptoms. The new DBQ's/VAE's for neurological conditions list each nerve and allow for the examiner to choose the affected nerve like sciatic...and then theymust chose, one of the above. Yes, the VA can service connect a spine condition even if its congenital, based on "presumption of soundness". Especially if the entry exam doesnt show the condition, and if a doctor will put in writing your condition was aggravated by service, you can get service connecteion. Ive seen veterans service connected for the congenital versions of spondylisis, scoliosis, ADHD, ADD...... 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.
  19. usmc0599, Glad to hear you got an increase, but I still think you should persue the mental health claim if you truley feel they are related to your medical conditions. If you can get one psychologist or psychiatrist to put in writing that your depression and or anxiety is at least as likely as not or a 50/50 probabilty that the mental health conditions are a result of your service connected medical conditions, you will prevail. Just my opinion, but if I were you, I would work on getting the documentation and appeal the denial, you have a year to do so. If you feel you deserve the beneft, go for it!
  20. Carlie, FYI-I belive that the new SNL system rolled out in Janaury and many RO's starting using it in February. I know that San Diego started in February. Since then there have been some changes already. The evaluation builder print out the power point you posted refers to is no longer provided to the veteran. Instead the information the evaluation builder generates is cut and pasted into the rating decision in RBA. Also the Reason for Decision is stil included in the "hybrid" rating decisions, which are the rating decisions that use the new evaluation builder type of decision and a traditional decision. It appears that incorporating the evaluation builder is one step closer to ensuring rating decisions and evaluations are more consistant and it minimizes the raters ability to assign an evaluation based on something other than facts and the evidence at hand.
  21. You definitly need to focus on your health and not a rating decision. VBA is supposed to rate you based on your current level of functioning, not how you were last, year, 5 years ago....They will more than likely rate you based on your C&P exam unless you end up hospitalized in VA between the time of your exam and the rating decision. If your condition gets better and the VA has evidence that it is better they may rate you based on your level of functioing at that time. Below is the criteria and they also consider a GAF score. General Rating Formula for Mental Disorders: Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name .......................... 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships ........................................................................................... 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships ........................ 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) ........................................................... 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication ..................................................................................... 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication........................................................ 0
  22. The newer C&P exams often state that the condition AFFECTS ones ability to work, which doesnt mean it PREVENTS them from working. Do you meet criteria based on percentages? One condition rated at 60% or 2 equaling 70%, with a 40% and 30%? Another criteria is earning less than SGA, which you can find the actual amount on the social security site, its about $11,800 a year. If you qualify VBA may infer and invite IU.
  23. They could have rated you with 7813, but 7806 works too. Either one, the criteria is the same. 7804 is for a scar, you have atheles feet. Why would you want to have the DC changed? If you appeal their decision, you are just adding the the back log of cases that are in actuality rated incorrectly. 7804 Scar(s), unstable or painful: Five or more scars that are unstable or painful................................................................ 30 Three or four scars that are unstable or painful................................................................ 20 One or two scars that are unstable or painful.................................................................. 10 Note (1): An unstable scar is one where, for any reason, there is frequent loss of covering of skin over the scar. Note (2): If one or more scars are both unstable and painful, add 10 percent to the evaluation that is based on the total number of unstable or painful scars. Note (3): Scars evaluated under diagnostic codes 7800, 7801, 7802, or 7805 may also receive an evaluation under this diagnostic code, when applicable. 7806 Dermatitis or eczema. More than 40 percent of the entire body or more than 40 percent of exposed areas affected, or; constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period................................................................................ 60 20 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected, or; systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period...................................... 30 At least 5 percent, but less than 20 percent, of the entire body, or at least 5 percent, but less than 20 percent, of exposed areas affected, or; intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of less than six weeks during the past 12-month period................................................................. 10 Less than 5 percent of the entire body or less than 5 percent of exposed areas affected, and; no more than topical therapy required during the past 12-month period.................................................................................................. 0 Or rate as disfigurement of the head, face, or neck (DC 7800) or scars (DC’s 7801, 7802, 7803, 7804, or 7805), depending upon the predominant disability.
  24. Considering the statistics, the VA needs to make PD a presumptive condition, whether one served in Vietnam or the Gulf like ALS is. http://www.ehow.com/facts_6371426_veterans-benefits-parkinson_s-disease.html#ixzz1kQiaptCu Parkinson's disease (PD) is one of the most common neurologic disorders. It affects roughly 1.5 million Americans. The Veterans Health Administration treats an estimated 40,000 veterans with PD each year. There are over 22, 700,000 million of the US population are veterans and over 40,000 have or have been treated for PD or .5% of the veteran population and there is over 312,884,000 million in the entire US population and 1.5 million have PD or .2 %.
  25. Approximately 40,000 veterans suffer from Parkinson's disease. The Department of Veterans Affairs (VA) strives to provide additional support for these individuals. Read more: Veterans Benefits & Parkinson's Disease | eHow.com http://www.ehow.com/facts_6371426_veterans-benefits-parkinson_s-disease.html#ixzz1kQiaptCu Parkinson's disease (PD) is one of the most common neurologic disorders. It affects roughly 1.5 million Americans. The Veterans Health Administration treats an estimated 40,000 veterans with PD each year. Overall, 22, 700,000 million of the US population are veterans and 40,000 have PD or .5% of the veteran population and there is 312,884,000 million in the entire US population and 1.5 million have PD or .2 %. Parkinson's Disease Risk Greater in Those Exposed to Common Chemical, Trichloroethylene, Study Shows ScienceDaily (Nov. 29, 2011) — While prior research has indicated a link between TCE exposure and Parkinson's disease, the current findings are the first to report a statistically significant association -- a more than six-fold increased risk. Researchers also found that exposure to PERC and CCI4 tended toward significant risk of developing the disease. To read the entire article click below. http://www.sciencedaily.com/releases/2011/11/111129142015.htm
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