Well I spoke a little too soon, but heh it is still a win. I got up to the 70% evaluation. Anxiety/Depression/PTSD rated at 50% disabling, service connection for both knees at 0% and left digit at 0%.
Below is a snap shot of the rest of my issues:
Decision:
1. Evaluation of thoracolumbar spine degenerative spondylosis, IVDS, and vertebral body compression deformity, currently evaluated as 10% disabling from August 2, 2012 and 20 percent from May 20, 2014, is continued.
2. Evaluation of left lower extremity radiculopathy currently evaluated at 10 percent disabling is continued.
Reason and Bases:
Evaluation of thoracolumbar spine degenerative spondylosis, IVDS and vertebral body compression deformity, currently evaluated as 10 percent disabling from Aug 2, 2012 and 20 percent from May 20,2014 is continued because the evidence fails to show symptoms of this disability meet an evaluation greater than 10 percent disabling from August 2, 2012 and 20 percent disabling from May 20, 2014.
Evaluations for the back are assigned based on range of motion test results and incapacitating episodes. Pain is included in the evaluation assigned for range of motion test results. The last does not allow for an evaluation of greater than 10 percent for pain, regardless of severity, intensity or frequency. For VA purposes the word, “Incapacitating means total inability to function and requiring complete bed rest for extended periods of time.
Treatment records, xxx were reviewed and considered: however these records fail to provided range of motion test results. These records fail to show that a licensed medical doctor has prescribed complete and total bed rest for extended periods due to you back disability.
An evaluation of 10 percent is assigned for your back disability based on the VA examination dated Feb. 26 2014, which shows the following results for your range of motion testing not greater than 235 degrees, forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees with no incapacitating episodes during the last 12 months and painful motion upon examination.
Provisions of 38 CFR 4.40 and 4.45 have been considered and applied.
1. A higher than 20 percent is assigned from May 20, 2014, the date of the medical statement from Dr. Ellis which shows a range of motion test results indicating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater then 60 degrees, or combined range of motion of thoracolumbar spine not greater than 120 degrees, or muscle spasm, or guarding severe enough to result in abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.
Treatment records from OK PT show on Sep 23, 2014 show range of motion tests results for your back that meet an evaluation of 20 percent disabling.
Based on a de novo review of this claim, evaluation of thoracolumbar spine degenerative spondylosis, IVDS and vertebral body compression deformity, currently evaluated at 10 percent disabling from Aug 2 2012 and 20 percent from May 20t h is continued because the evidence fails to show the symptoms of this disability med an evaluation greater than 10% disabling from Aug 2, 2012 and 20 percent from May 20, 2014.
2. Entitlement to an increased evaluation for left lower radiculopathy currently evaluated at 10% disabling
Entitlement to an increased evaluation for left lower radiculopathy currently evaluated at 10% disabling is continued because the evidence fails to show the symptoms of this disability are greater than 10 percent disabling.
Treatment records xxx were reviewed and considered however the medical evidence showing symptoms of your left lower extremity radiculopathy meets an evaluation greater than 10% disabling.
The 10% percent evaluation of your radiculopathy left lower extremity is based on the VA examination that shows mild incomplete paralysis.
The Peripheral Neuropathy DBQ received and dated 12/2014 shows you reported mild to severe symptoms during the examination, however, the doctor has stated the diagnosis is mild peripheral neuropathy.
A higher evaluation of 20 percent is not assigned because the evidence failed to show that the damage is moderate.
Based on a de novo review of this claim, evaluation of the left lower extremity currently evaluated at 10 percent disabling is continued because the evidence fails to show that the disability meets and evaluation greater than 10% disabling.
2nd part of claim was denied.
Increase of hypothyroidism evaluated at 10%, denied
Increase of right lower extremity radiculopathy, evaluated at 10%, denied.
Increase of evaluation of gastro esophageal reflux disease with irritable bowel syndrome currently rated 0% is denied.
Service connection right hip arthritis denied
Service connection left hip arthritis denied.
Service connection for obstructive sleep apnea denied.
Service connection for rhinitis denied.
Service connection for sinusitis denied.
For thyroid this was kind of funny. A higher evaluation of 30 % is awarded when the evidence shows that in addition to fatiguability there is constipation and mental sluggishness. The medical evidence fails to show that there is constipation. You reported diarrhea, which is considered in the evaluation of your service connected irritable bowel syndrome. Mental sluggishness is considered in the evaluation of your service connected anxiety disorder with depression, therefore: it cannot be used a second time to evaluate another service connected disability.
It gets funnier. Increased evaluation of GERD with irritable bowel syndrome is denied. Hold on those two are now rated together. What's funny about the whole statement of case is that it is almost a cut an paste job gone wrong. It's kind of a sad attempt. I don't know. It will be difficult to pursue without some backing. I'm gonna have to regroup and make sense of this bundled up bunch of cut and paste crap.