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jbasser
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Posts posted by jbasser
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I have paralyzed diaphragm from a neck injury. I have a moderate to severe restriction with pulmonary hypertension. .
What is your diffusion capacity? and have you ever been diagnosed with pulmonary hypertension.
Pulmonary hypertension associated with lung disease is a 100 percent rating regardless of the lung volumes.
Restrictive Lung Disease
6840 Diaphragm paralysis or paresis.
6841 Spinal cord injury with respiratory insufficiency.
6842 Kyphoscoliosis, pectus excavatum, pectus carinatum.
6843 Traumatic chest wall defect, pneumothorax, hernia, etc.
6844 Post-surgical residual (lobectomy, pneumonectomy, etc.).
6845 Chronic pleural effusion or fibrosis.
General Rating Formula for Restrictive Lung Disease (diagnostic codes 6840 through 6845):
FEV–1 less than 40 percent of predicted value, or; the ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV–1/FVC) less than 40 percent, or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy 100
FEV–1 of 40- to 55-percent predicted, or; FEV–1/FVC of 40 to 55 percent, or; DLCO (SB) of 40- to 55-percent predicted, or; maximum oxygen consumption of 15 to 20 ml/kg/min (with cardiorespiratory limit) 60
FEV–1 of 56- to 70-percent predicted, or; FEV–1/FVC of 56 to 70 percent, or; DLCO (SB) 56- to 65-percent predicted 30
FEV–1 of 71- to 80-percent predicted, or; FEV–1/FVC of 71 to 80 percent, or; DLCO (SB) 66
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Actually the Cue was most likely made in the 2000 decision to deny the reopening. The records clearly stated Hypertension and the RO said the record was negative. This proves the RO did not even look at the record and when he did, he did not follow the correct procedure and denied the claim.
From a Legal focus point a cue is an attack on a final decision. In order to prove CUE, You need the facts as they were known at the time of the decision and the decision itself to be flawed. In this case any reasonable mind can read the record and look at the denial.
Macool, keep me informed when your fiasco gets straightened out.
I ask the operators at the 800 number, Who is driving this runaway train wreck?
J
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Lets say a veteran files several claims in 1994. One was for Hypertension. He was scheduled for a C@P exam without service records. ( Were not found until 1998)
At the Exam the Veteran was diagnosed with Hypertension.
The record show several high blood pressure readings in service with compensable levels yet the claim was denied for lack of records. Also denied a reopen in 2000 stating service records were negative for any mention of hypertension.
What would the effective date be:
Where is the CUE in this?
Reopen was successful in 2003 with that being the award date.
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Good advice Bobby.
James, go and look at the c file. They still will ask St Louis to send them the record. That is part of the system. Step 1 is claim received. Step 2 is request service records.
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I submiited my claim in mid March and today I called the 1-800 number for status and was told my claim went to the rating board on Aug 16th. How long does the rating process take ? will they make a rating or will they decide if I need a C&P exam for the rating?
Thanks,
John
John, try this: The VARO works on claims by the month received. If you have a VSR you can ask them to find out what month and year they are working on. If they say May,or June, then you know it is going to be fairly quick. If they say February, March, then you know it is going to be longer.
I use this as a tool when the month I filed gets closer and usually it works unless the claim is of a very complex nature and requires a lot of information.
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TrueblueSue, Welcome to Hadit. Like Wings said, pull up a chair.
You can search this site to find out anything about the VA. We are here to help as several members have experienced success.
Do not be weary to post your questions. If you dont know somethimg, Someone will help.
A little insight about the board.
The Adnministrator is called TBird.
There are 4 moderators.
Myself, Pete53, Carlie, and Sixthscents.
There is also a group of elders who have tremendous experience in most VA claims.
Wings is in that group and I value her advice for she has never steered me wrong.
Again. Welcome to Hadit.
Done be a stranger.
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Bupropion is the generic for Wellbutrin. The VA will only give out the generic.
It is also used as a smoking cessetation drug.
Depression can also be treated with Prozac which works better than Bupropion.
The VA most likely will not adapt an extendeed release of any drug.
Jbasser
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Boats, If you have Cervical or Lumbar DGD/DJD and one is service connected, You need to have an MD state that the other spinal problems are related to your present condition.
To nexus this, one would need to have a posture that favors the neck ( leaning to avoid pain) This can cause Back problems. Have an MD state exactly that for a secondary service connection.
You can see some success stories by searching the BVA site decisions by typing cervical and secondary and lumbar or Lumbar and secondary and cercical.
Hope this one helps. it is not impossible but you need to focus on an MD putting the puzzle together.
Dr Bash is the man to do this for you. He is expensive, but he is good.
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Awards at 25000 require 2 signatures.
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Mustang, The Va has been denying my asbestos claim for years. (1994) I was actually an asbestos worker.( insulator
Dont give up.
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According to your mets, the Ef is 20 to 30 percent. Dont settle for anything less than 100 percent. Once you get your rating, you should have a doctor retire you.Then you can file for SSDI.
30 percent EF is a listing level impairment and you should be approved By SSD with no problems.
Good Luck.
You can also look at the CAD listings on schedule for rating disabilities.
You can study the SSD at ww.ssa.gov/bluebook/adultlistings/cardiovascular.
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SMC is a special monthly compensation based on loss of use. Itis controlled by an alphabet system such as SMC-K. You can look it up at the Va web site, Compensation rates.
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I am 60% and take four meds from the VA all for SC conditions. I pay $7 per script. Does that sound right?
You should pay no medicine copays. Ask for all meds to be reimbursed back to your award date.
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I think it was Betrayed that had that claim.
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I agree Bob, Volunteer within the limits of your disability.
If a Veteran is 100% schedular and not IU, The Veteran may be able to work. However if a Veteran draws SSD I would not attempt to.
Now if A Veteran draws SSDI and turns 65 I believe all bets are off and the Vet can earn some money because the SSDI converts to regular social security.
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In order to answer your question, I neeed to know the reasoning used in the first denial.
A cue is an attack on a final decision.
Examples of cue are well posted on the VA web site under BVA Search decisions.
One spacific case involved hypertension in service. The Veteran had 7 or 8 high blood pressure readings in service and several during the year he separated.
He files a claim and gets denied. The denial letter stated that the service records did not contain any evidence of hypertension.
The Vet does not appeal and a year later the claim becomes final.
Some time later ( Years) the Vet gets his hands on the service record and finds the blood pressure readings. He files the claim based on the readings and is awarded a C@P and receives a 10 percent SC for hypertension.
He filed a cue claim based on the fact that the RO did not consider the evidence in the service record at the time of the original decision.
That is a Cue because if the denial is reviewed, The outcome would have changed.
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If it has been signed, then your service rep will know. If not Fire them.
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Keep me posted on the DMII. I will go the same route.
DMII and hypertension seem to run hand in hand.
Just need a doc to put them together.
John
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P and T means permanent and total. That should do it with SSD. If not at the first step , at least the ALJ step.
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I am also waiting my 100 percent decision. I know I will win but it is a waiting game.
Good luck on the DMII claim. I need to file mine but I decided to wait.
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Boats there should be a ouple of pages that look loke a play by play as to what they did. It tells everything including the cathiter used,where it was put and other items. If you dont have it, try to get a complete copy of the record. If it was VA then they must still have it, If it is outsidem the Cardiac Doc will have it.
It is very important to vets who have procedures done to get the exact reports, Including OR reports. There is nothing that can debate an exact report.
Carlie, are you Ok? That is pretty low.
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What was the EF on the heart cath? It overrides any other test for it is an actual measurement.
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That LEF on a Nuke Scan is an estimated guess. Have you ever had a heart cath done?
To kind of give you an idea about the MEt and EF. 1 MET = 10 Ef. for example your ef is 48 you have 4.8 mets according to the test.
If you can afford it or have other insurance, go outside and see a well established cardiologist who can help you.
7005 Arteriosclerotic heart disease (Coronary artery disease):
With documented coronary artery disease resulting in:
Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent 100
More than one episode of acute congestive heart failure in the past year, or; workload of greater than 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent 60
Workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray 30
Workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required 10
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Boats, call their bluff on the cervical radiculpathy. The regs clearly state that for Cervical spine ratings that any neurologic symptoms must be rated accoring to the effected nerve over and above the rating for limitation of motion. Has service connection been in effect for 10 years on the radiculpathy.
If you dont mind, post a copy of the C@P examination.
To me this sounds like the ro smoked their lunch.
Effective Date;
in VA Disability Claims Research
Posted
Thank you Carlie.
I am not sure if 3.4 (q) comes into play as stated. Rin am015 took effect october of last year and the regs were changed, One way is the Hypertension was actually granted in November 06. Since it is after the VCAA and Rin am015 the regs still may come into play. But the old addage the VA uses are the facts as they were known at the time of the original decision takes prescendence.
Again, thanks for the information.