ArNG11

My nephew has them. His are trauma induced though. I know that it can be a bit scary. Just take it easy. Slow is smooth, smooth is fast. I can't say for sure but I think you will have a lot less trouble than I am with your retirement. Make sure you read the retirement packages, it can be a bit much at times. Keep copies of everything. JMO Good luck.

Oh and I noticed something to. In the decision that granted me service connection it is listed as Irritable bowel syndrome. In the denial of the higher rating in the SOC they used code 7319 which is irritable colon syndrome. But in the reasons and bases they deny it under IBS. So I'm left wondering which is it folks. Either way I got denied a higher rating.

No Berta because I am still employed they considered TDIU but denied it. With regards to the ???? The SOC states the IBS is rated under 7319 which is Irritable colon syndrome. My beef with that is I meet and met the 10% evaluation when I submitted my claim. Moderate, frequent episodes of bowel disturbance with abdominal distress. 6-10 times a day with periods of improvement and worsening. Believe me I am in distress when it hits. But heh the VA was grand and service connected the IBS at 0%. WIth the GERD, I met the 10% with evidence, pyrosis, heartburn, dysphagia, and regurgitation every now and then. No substernal or arm or shoulder pain, at least not constantly with me. When I first filed I got service connected but they rated it 0%. I have been on reflux meds since 2008. (within 1 year of active duty) I had surgery in January 2015 because the nexium and countless others were just not cutting it. The private doc did the laparascopic fundlicpication and repaired a small hiatial hernia. In any case I state this because by the rating schedule, with two or more symptoms of the 30% I should have been rated at 10% from the get go. On technicalities, I should be rated higher, because I had to have it surgically repaired. The SOC states 7346 but the VA is not applying it correctely. The kicker is though, not perfromed during service and not performed by military or VA docs. All this is why I get so aggravated and angry.

Yeah I understand that part of it. I just don't see how they both add up to 0% on each. Im not giving in just yet. Not while I can still fight.

Berta that letter was a bungled up cut and paste job gone wrong. From my rainmakers stand point I'm not allowed to have and IBS and a GERD rating. I don't understand that. Two different ends no pun intended. I'm connected for both but it's considered pyramiding. At least that is the VA s reasoning. I'm taking a breather and letting all this sink in. It's only recently that I've come to terms with my circumstances.

thanks GP, luck I don't think luck plays a part, maybe not as much as most of us think it does, even me at times, perseverance, determination,and sheer will has its role. You fight till your down,you fight until there's nothing left, I'll fight till my last breath, quite literally. The War continues. Time to reallocate resources.

Well folks. It's official. Changes on the AB8 confirm it today. I have reached 80%. The numbers were updated today. I have some decisions to make now. Too often I am underestimated, but there are times when my tenacity pulls through. This is one of those moments. Now to decide what are going to be my strategic fights. Lock and load gentlemen. Good hunting. Mr. A

So if I'm right this is the make shift timeline with ratings: Claim 1 Service connection tinnitus 10% from Aug 2, 2012 Service connection deg. spon. IVDS L1 10% from Aug 2, 2012 Service connection radiculopathy left 10% from Aug 2 2012 Claim 2 with increase IVDS L1 Service connection hypothyroid 10% from July 22, 2013 Service connection GERD 0% from July 22, 2013 Service connection IBS 0% from July 22, 2013 Service connection radiculopathy right 10% from Sep 30,2013 Got to 40% service connected Win from NOD Increase deg. spon. 20% from May 20, 2014 IVDS/ L1 Deformity Claim 3 Service connection left little finger strain 0% form June 24, 2014 Service connection chondromalcia L knee 0% from June 24, 2014 Service connection chondromalcia R knee 0% from June 24. 2014 Claim 4 Service connection adj/anx/depre 50% from Oct, 09, 2014 I've got a lot more reading to do.

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.

You're right PR. I have the work credits but since I'm still trying to hang in there and still working I'm going to get denied. For me I was trying to get my ducks in a row. I'm getting warnings at work and was trying to get things lined out. It's kind of weird and I get a lot of looks. I can't stand this predicament.

Diver, I just noticed, we are about the same age. Not really funny but, at least we know, there are others out there in the same boat as we are. I'm sitting out here waiting for the functional capacity exam on my hands. This makes two now. One for my back and now the hands. Different agency though. This process stinks all to hell brother. Hang in there.

whoa

I kind of new there was some fiddling with numbers but not to that extent. That is ridiculous.

Sierra you speak the truth man. I feel the same way. I still don't understand how some of these VA docs sleep at night. I mean trust me I understand the pressures of management but there is a definite line crossed when you are talking about the health and well being of another human being. Especially one who has served this country to guarantee the freedoms we all enjoy. Not trying to get on a high horse or anything but DAM.

I kind of lucked out when I got mine back. I filed my initial claim in August of 2012. Decided May of 2013 filed initial NOD May 2014. Got my DRO March 19, received first SOC 25 March 2015. However there is another SOC or rather a second one that gives a partial award where the first was a flat out denial. Weird timeframes. This was out of Muskogee regional office. Still waiting on the mailing of the second SOC. I would have expected SSOC not a corrected SOC.

Long time no read Plum. Congrats. I would agree with the rest of the folks. Enjoy the victory. Take care.

Crap, are you on anti epileptic medicines or anything like that yet? Or rather how long have you been on them?

I just don't get it you know. I've been a aircraft fuel mechanic since 2005. And they, AFPC and DOL both state that I don't work a position that would expose me to the conditions necessary to be injured and exposed to fuel. It's sillyness. Anyways didn't mean to rant. Please let me know how it goes. My appointment with the staffing specialist isn't until Tuesday. I would appreciate any insight you are willing to give. PM me. Didn't mean to hijack the post.

I've had permanent restrictions since 2010 and now they are giving me a hard time about not being fit for duty. That's some crap. that's when I had my first wrist surgery. DOL for that one. The rest have been on my private insurance and they have now realized that they are in a pickle. My other 5 hand surgeries have been private insurance as well as my ITP.

They told me once the packet goes in it can be 6 months to a year. Have you been put on light duty yet or have permanent restrictions?

Dude. They changed my supervisor, then my new one gave me problems. All the while calling me a liar about my fuel exposure. Tread easy, there's money involved and I dare say they have been almost as bad as the VA and the department of labor in there lies and deceit. It's always clock and dagger and misdirection for me in my pursuits to just fight for what I'm legally entitled.