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kanewnut

Third Class Petty Officers
  • Content count

    45
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About kanewnut

  • Rank
    E-3 Seaman
  • Birthday October 6

Profile Information

  • Military Rank
    E5 Sergeant
  • Location
    Fort Bragg, NC

Previous Fields

  • Service Connected Disability
    80%
  • Branch of Service
    USA
  • Hobby
    fishing, riding

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  1. I missed last night's podcast, so this may be irrelevant. On asknod.org I searched for ILP - Independent Living Program. He has many posts on there that maybe helpful. I find his writing is quite humerus and educational.
  2. Great letter. I will be interested to see what response it gets.
  3. You can request a copy of your c-file. I wonder if it would bother her if you brought your own copy into her office to discuss your issues.
  4. Here is the address of his website. Lots of good info. https://asknod.org
  5. This from CFR 38 should give you some idea. Title 38 Part 4 Title 38 → Chapter I → Part 4 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 (whther 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. 5235 Vertebral fracture or dislocation 5236 Sacroiliac injury and weakness 5237 Lumbosacral or cervical strain 5238 Spinal stenosis 5239 Spondylolisthesis or segmental instability 5240 Ankylosing spondylitis 5241 Spinal fusion 5242 Degenerative arthritis of the spine (see also diagnostic code 5003) 5243 Intervertebral disc syndrome Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher evaluation when all disabilities are combined under §4.25. Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months 60 With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months 40 With incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months 20 With incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months 10 Note (1): For purposes of evaluations under diagnostic code 5243, an incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician. Note (2): If intervertebral disc syndrome is present in more than one spinal segment, provided that the effects in each spinal segment are clearly distinct, evaluate each segment on the basis of incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, whichever method results in a higher evaluation for that segment.
  6. 38 CFR 3.957. §3.957 Service connection. Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation. 38 CFR 3.951(b), §3.951 Preservation of disability ratings. (a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved. (Authority: 38 U.S.C. 1155) (b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation. Do you mean a disability rating decision? The above might answer your question. If not you can see where I got it from and you can look and see if you find something that more closely match what you wish to know.
  7. kanewnut

    TDIU- Food for thought

    Administration officials are backing away from plans to slash tens of thousands of dollars in unemployment benefits from elderly veterans At issue is a provision in President Donald Trump's $186.5 billion VA budget for fiscal 2018 that would dramatically change eligibility rules for the department's Individual Unemployability program. Unemployment benefits Unemployment benefits are payments made by the state or other authorized bodies to unemployed people. Individual Unemployability Individual Unemployability is a part of VA's disability compensation program that allows VA to pay certain Veterans disability compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level. I read all the comments in this discussion. I think mixing the terms unemployment benefits and individual unemployability is the problem. I can't see them as interchangeable. jmo
  8. kanewnut

    Ms KNG

    You mean like the below note from my c-file. Did somebody screw up? YOUNGW.1661 VA File Copy 2000-12-31 C&P Exam Note Uses Computer Daily Page 1634.pdf
  9. kanewnut

    Ms KNG

    This tickles me every time I read it. This is making win or die poker a little more fun.
  10. kanewnut

    Ms KNG

    Many details are fuzzy for me too. But I did fill out one of these forms. I don't know if this was required of everyone ETSing or not. So maybe KNG needs to get a copy of their SMR's and see what was requested many years ago. 2018-04-17 Redacted 21-526e for hadit.com.pdf
  11. from ASKNOD If the sublexing patella occurred in the military , then it is service connected. If you did have it and it was noted at entry, and then got worse (especially within the golden one-year period after separation), it's still service connected. To deny ignores the precept of §3.1 and §3.303(a) - to wit, if it happened in the service or got worse in the service, it's service connected absent willful misconduct. If it is found to be SC, then a finding of fact states as much. Wilson v. Derwinski 1990 (The regulation requires continuity of symptomatology, not continuity of treatment.) "Acute and transitory and resolved before separation" is a finding of fact. But it is not grounds for declaring it non-service connected. Remember, it is either service connected or it's not service connected. You can't be a little pregnant here.
  12. kanewnut

    Fibromyalgia

    Unfortunately, you are going to have to do that with the cards you have been dealt. Sounds like you have a wife and kids and a family. Some don't have that. Perhaps you can look into things you can do and try not to dwell too much on things you can't. I think I know how you feel. I didn't join until I was 22. By the time I got out at 27 I had an injured neck and back that VA has fought me tooth and nail for going on over 30 years. It is really hard to cope with feeling like doing the easiest and simplest thing, working on your vehicle or mowing the yard, is going to screw you up for a couple of days. Keep putting one foot in front of the other. Best of luck in your journey.
  13. kanewnut

    Ms KNG

    ASKNOD posted this in https://community.hadit.com/forums/topic/70719-1975-cue/ The VA is famous for using smoke and mirrors. Just for shoots and grins, think about some early decision you folks received in, say, 1991.The big buzz phrase then was "It was acute and transitory and resolved before separation." Let's say you bought it and didn't appeal. It's still CUE viable because that's the WRONG STANDARD OF REVIEW. Look at the statement you quoted WomanMarine. If the sublexing patella occurred in the military , then it is service connected. If you did have it and it was noted at entry, and then got worse (especially within the golden one-year period after separation), it's still service connected. To deny ignores the precept of §3.1 and §3.303(a) - to wit, if it happened in the service or got worse in the service, it's service connected absent willful misconduct. If it is found to be SC, then a finding of fact states as much. Wilson v. Derwinski 1990 (The regulation requires continuity of symptomatology, not continuity of treatment.) "Acute and transitory and resolved before separation" is a finding of fact. But it is not grounds for declaring it non-service connected. Remember, it is either service connected or it's not service connected. You can't be a little pregnant here. VA is fond of using the wrong standard of review. If the sublexing patella occurred in the service and seemed to resolve by separation, then you'd file for sublexing patella and, if it was acute, healed and asymptomatic, that would be a finding of fact. When you were discharged, you had an exhausting physical that examined you from stem to stern. You answered questions on it. It's called a DoD form 93. That becomes the benchmark against anything you claim in the future. If you did not complain about the patellar but there is evidence you were treated for it in service, it's CUE not to rate you for it. Who cares if it's 0%. That is not the issue. If you were asymptomatic, the regulation (§4.31) is specific-if there is no rating for 0% on a given VASRD rating, §4.31 authorizes a 0% can be applied. After a finding of fact showing it is SC, the next judicial step is to declare the finding of fact a conclusion of law. The conclusion of law must then be applied which is "Service connection for sublexing patella is granted." So many gloss over the Big CUE because VA has you sidelined into an alternative view of what you're claiming as CUE. You're distracted into beating a brick wall trying to argue the "The evidence does not reveal aggravation beyond the natural progression of the original injury. " when you should be arguing for the SC as the CUE. So think about that the next time you peruse old decisions for CUE.
  14. kanewnut

    Ms KNG

    First off your question is horrible.This should say your title, not your question. Your question is fine, but your title is not going to encourage many people to look at your question. You need to read the parts about how to post a question. Again this should state title, not question. Tbird states that you need some substance in your question so that people will look into it. Again this should state title not question. This is posted on most every page I have seen - How to get your questions answered. All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account. Tips on posting on the forums. Post a clear title like ‘Need help preparing PTSD claim’ ... Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title ... Did you get some type of letter from VA after your ETS? I think it would discuss the conditions you applied for disability. I got mine and I think they screwed up. I have a situation like you do.This is what Berta said about a similar situation If a vet gets a NSC rating that subsequently becomes a SC disability....it is common sense to consider the disability should have been SC all along.My last CUE award was based on that fact. I suggest you repost all this with a much better question. That away more people will read it and respond.
  15. In my case a doctor in pain management had sent me to another doctor for pain coping skills and he diagnosed me with depression from my service injuries. When I had the C&P exam I don't know if the doctor had all the records to look at. I know the exam was very short in my memory. It seems like just a few questions about how I felt and how I was doing and he seemed to be nodding his head and leading me on. I you get a good C&P exam you may not have any trouble, but if you don't then I think you will have to find a doctor to diagnose you and opine about it being secondary to your military injuries. Good luck.
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