[Award Specifics..should Tdiu Been Awarded Sooner?]

Go ahead and fill out the form for IU. They will go back to wither to the date entitlement arose of the filing date whichever is later. You need a medical opinion that your service connected disabilities keep you from working. The VA may give you a C@P exam just for that purpose but it is better to get an opinion from your doctor.

You can print the exam sheet off of this website or the VA website.

As for SSD, go ahead and file. Once you file you most likely will be denied. Nothing personal but 60 percent of all claims are denied. Appeal the first denial and if they deny it again, It is time to get an attorney. The Attorney will appeal to an ALJ. Most SSD cases are won at that level.

Remember there is a huge difference between the VA and SSD. The VA definition of disability vs SSD's definition. It states a person must not be able to do any work at all or the illness or disease is expected to result in death.

Social Security is also allowed to discriminate because of age. A person closer to retirement will get SSD before someone in their forties.

[Is Any Disability Sc Automatic Rating?]

Get everything on tha table.It does not matter if it is a first year separation or a 20 year after claim. The longer we wait the more money a person loses in the long term.

[Why Offer Voc Rehab/education For 100% P&t]

Holli, a 100 percent schedular P@T vet can still seek employment and is considered to have a serious employment handicap. Unemployability disqualifies a Vet from Voc Rehab.

John

[Hypertention- This One Will Make You Wonder-]

Get you an omoron BP monitor that prints the readings. Take it 3 times per day/ AM /Noon/ Dinner time. Keep a log and when you have several readings at 100 Diastolic or 160 Systolic turn in an increase claim. The Log is very helpful as It and other medical evidence cued a previous decision from 1994.

Also keep an eye on chuckles vision s Htn and DMII really effect the eyes.

[Hypertention- This One Will Make You Wonder-]

Jangrin, that one is a very hard to get passed. That issue is like a Yo /Yo.

The VA can raise or lower the ratings based on the readings. The magic words wre continuos medication for control.

Also keep in mind that Hypertension side effects of medicines like Metropolol. It slows down the heart. It can make the person very sluggish.

Did they rate the HTN as a Primary or secondary due to DM?

They rated mine as Primary and heart disease secondary last year.

John

[Is Any Disability Sc Automatic Rating?]

Immediatly file a generic claim. It is a claim that acts as a blanket claim. You have a year from the date of filing the claim to add your information. It is impaRative it is done so you do not lose your efective date.

Example. I am filing a claim to cover any and all conditions that I have incurred in military service and during t he first year separation period.

That gets it started.

[Just Got A Call From Doctor's Office]

There are 2 types of sleep apnea. Obesity is one of the main causes for Obstructive Sleep Apnea

Sleep apnea is a ratable disease but you need to watch out for the secondary conditions that sleep apnea can lead to. Hypertension is one as well as pulmonary hypertension, heart arrythmias, I just had surgury yesterday to rebuild my nasal passages. Doc said there were several cysts with scar tissue that had been in there for years. It will not cure the apnea but will allow me ot tolerate the auto pap machine.

[Limited Motion Due To Pain]

VA rating criteria for Limitation of motion is based ont he range of motion. it states wether or not pain radiates

I'm sorry but no... as pointed out in the opening... pain is a factor considered in the rating of motion of joints.

Neurologic components such as raciculopathy is ratred separate based on the effect of the nerve and the amount of paralysis

Radiculapathy is pain... which radiates down or out a nerve. Nerve damage is rated, based upon the severity of injury, with pain again as a factor of consideration.

Pain, in ANY situation, is not rateable solely by and of its own. There is no rating table for pain.

IVDS, is another method of rating injury to the spine, which is based upon incapacitating episodes, and their frequency, again of which pain is a factor.... otherwise how could anyone be incapacitated?

§ 4.45 The joints.

As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:

(a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).

( More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).

© Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).

(d) Excess fatigability.

(e) Incoordination, impaired ability to execute skilled movements smoothly.

(f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.

The actual rating criteria for the spine:

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.

[Limited Motion Due To Pain]

VA rating criteria for Limitation of motion is based ont he range of motion. it states wether or not pain radiates. On the other hand, Neurologic components such as raciculopathy is ratred separate based on the effect of the nerve and the amount of paralysis. ALso the regs were re written in 2003

For IVDS pain is considered as to incapacitating episodes.

[Yipeee! White Envelope Came]

Jangrin I am happy for your family. I Know it has been a long widing road over several states starting in California. It is Great that your son can use the bennies and go to college.

You can also use your husbands Veterans preference if you want to get a governmet Job.( Like the VA)

You should considering going to Disney world for a small vacation just to rest.

Great Job in your presentation and presistance. It does pay off.

John

[To Get A Lawyer]

Kris here is a little road map to follow.

Initial SSD claim Do not get an attorney

First denial Do not get an attorney

First appeal Do not get an attorney

2nd appeal Do not get an attorney

2nd denial Do not get an attorney

ALJ hearing Get an attorney.

The reason for an attorney is that 60 percent of SSD claims are automatically denied for not meeting the rating criretia listed in the Blue Book. The first 2 claims are done at the State level through the DDS ( Disability Determination Service)

The ALJ level is federal court and that is where most cases are won. Most attorneys advise the same except they can handle the appeal documents for you.

A major advantage for attorneys is that most have a network of Doctors they can send you to to get an IMO for your conditions. SSA also has MDS they can send you to but the exam may not be favorable for we must not forget who is paying the Doctor.

I hope this helps you. Good luck.

JBasser.

[My Dav Rep Quits On Me During Claim At Raters Now What?]

I totally aagree, call the DAV and have them assign you another rep. When you sign the POA form, it does not mean that the one rep is assisting you, It means the DAV is assisting you. If they dont, I am sure other Veterans Service Organizations are at the regional office where your claim is.It is easy to change.

[Hard Time Reading Topics]

Hold your computers power button in for 10 seconds and it will shut off. This is a re boot and it should fix the problem.

[Success Stories]

Congratularions John. good Job in getting the amount of evidence you have. You preparation of your claim must have been excellent.

[Just Received Rating?]

Welcome to Hadit. I agree with Berta and Pete. I am also SC for Hypertension. If you are taking 3 diffrent meds to control then you should be compensable for Htn. 150s over 90s is close. The rating criteria is 160 or 100 for 10 percent. It also states with continuos medication to control.

Please keep in mind that other diseaes are secondary to HTN like CAD.

John

[Filing Claim Questions]

DRT you do not have to have a Veterans service officer. Go ahead and fill out hte claim and attach your information. Send it certified mail to your Regional office. You may want to add a VSO at a later date.

If you need any spacific assistance, Please PM me or send me an email.

John

[Dingess Hartman Letter]

Berta, Ky has been doing an unbelievable job when it comes to taking care of its Veterans. They should. I was questioning their property tax exemption, but I have Bill watch and Now they are even changing the exemption for Disabled vets.

[Is The Va There To Help Vets With Their Claims?]

Pete, Great post. I have always been of the impression that the VA is supposed to assist Veterans with their claims through the entire process.

The Current system as negative as ever. I think they look at it like this. Here is another deadbeat seeking a check. I have found this thought to be true even dealing with close X friends.

I hate that this is the stereotype we are placed in with and somehow, someway the system needs overhauled. I am not as negative as I used to be and I have met a few people at the RO level who actually understand and it gives me hope.

As far as getting help, If I did not have contacts that I currently have and the Knowledge of Hadit I would still be at step one.

[Levitra]

Hypertensive meds like metropolol at high dose aw well as others cause ED.

Some Vets who take this medication cannot take Nitrates because they are already taking Nitro or Imdur for heart disease. Any Vet sc for heart disease and taking those meds should file for ED.

[What The Heck --- ? ? ? ?]

OK, I'm new at this game but could somebody tell me how they can state both generalized osteoarthritis and gastroesophageal reflux disease warrant service connection and then deny service connection on those disabilities?

Am I reading this correctly?

In conclusion, the Board finds that service connection is warranted for both generalized osteoarthritis and gastroesophageal reflux disease.

In light of the favorable outcome, there is no need to discuss whether VA has satisfied its duties pursuant to the Veterans Claims Assistance Act of 2000. 38 U.S.C.A. § 5100 et seq. In other words, the Board finds that no further notification or assistance would be helpful, and deciding the appeal at this time is not prejudicial to the veteran. See Bernard v. Brown, 4 Vet. App. 384, 393 (1993).

ORDER Service connection for generalized osteoarthritis is denied.Service connection for gastroesophageal reflux disease is denied.____________________________________________

This system is more messed up than I realized if I am reading this correctly. How anyone could say the VA satisfied its duties to assist after reading this is beyond me.

Have I understood this correctly?

And they wonder why vets want legal representation!!

Thanks,

ts

The meds for the Osteoarthritis caused his gerd. The Aggravation factor was proved.

A lot of vets have same condition that they are unaware of.

Kind of like Service connected heart disease agravates Pulmonary disease and Pulmonary HTN.

They call it COPD.

John

[What The Heck --- ? ? ? ?]

Carlie, this must be a mistake. The person writing this BVA claim may have been smoking their lunch. The words granted, approved must not be in their vocabulary or they have written the word denied so many times that is is automatic.

Go Figure.

J

[Nod Denied]

Did your husband apply also for TDIU (form 21-8940)?

He needs to do this immediatly if not sooner. He meets the threshold for IU. Once he gets it, then it is the same as being 100 percent.

Do you have his records? What were his BP readings in service?. What about his private doctor BP readings.

When was he diagnosed with HTN, Before or after the DMII. The reason I am asking is the fact that the VA likes to say that HTN was diagnosed before DMII.

John

[Nod Denied]

Berta, I will move the post to claims research. It will allow more folks to see it.

[What Are Vet Reps Supposed To Do Other Than Get Evidence To Va?]

VSO's at the regional offices are supposed to support Veterans in their jurisdiction.

Their responsibilities are Issuing, following up and act as a liason in representing Veterans on claims. If you run across one who cannot answer a question of something else, They may be too busy. Remember, the more busier the person the more likely of mistakes, misses, ect.

It is always better to submit your documents directly to the VA. Vias certified mail. You can send a copy to the Rep also.

I would look at a using a VSO with caution. Just type in vso and search hadit. There is a lot of history on this subject.

J

[The V A Drug Formulary]

Lets not forget that Vets service connected 50 percent or higher or catastropically disabled pay no Medicine Copays. I would like to see that extended to all Service connected Vets.