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Buck52

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Buck52 last won the day on March 27 2017

Buck52 had the most liked content!

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About Buck52

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    HadIt.com Elder/Moderator

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  • Military Rank
    E-5
  • Interests
    Helping other Veterans& watching my grand-monsters grow up and driving my spouse more crazy than me eh!
    Vietnam Veteran



    To care for him who shall
    have borne the battle
    and for his widow
    and his orphan."
    ~Abraham Lincoln

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Army
  • Hobby
    grandkids!

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  1. I am not so sure of my self on this but I would think being rated for a TBI All head and neck injuries should be rated accordingly to the TBI? IF THATS MAKES A LICK OF SENSE?
  2. Cole23 here is the rating formula for PTSD FROM 0% ALL THE WAY TO 100% General Rating Formula for Mental Disorders Rating Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name. 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships. 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication. 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication. 0
  3. Buck52

    CUE for Eczema-like condition going to RAMP

    JustGettingStarted Have you ever considered request a DRO Heaing at your R.O. With all your evidence a DRO could make a decision on the rating and the EED. but be aware this evidence has to be new and material evidence as brocovet posted these Regs 3.156 New and material evidence. (a)General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108) The only other thing about the adjication is they usually go by the date in effect at the time of the decision...if the provisions were not in effect at the time of denial and they changed ..on a reopen claim and approved they go by the change in provision date...I believe that's right?
  4. Vync its hard to say what the VA will do?? ...At least you have all this on record , its just getting a Dr to give his opinion on the injury or diseased hand and the reason you have the pain? I would think if you have the injury to your hand S.C. AT 0% and have pain in it its just a matter as how they rate the pain? but it don't necessarily have to be s.c. disability... as I understand it they rate the pain by the higher # like from 1-10 > 10 being the highest rate. but who decides this the Dr or the Veteran? None if us know anything about it Even the top Rated VSO's don't know THE COURT RULING IS NOT IN PLACE YET. so this must be just an proposal on getting compensation for pain b/c they clearly state it don't need to be a s.c. disability. just pain in any part of the body to include dental, stress, anxiety and physical pain such as injuries I can't find any thing on it from the legislation committee/or congress if you or anyone finds out more on this please post it. Thanks Buddy
  5. broncovet you better think long and hard on this...later on if you have knee replacement the surgery is pretty hard after the 1st 2 or 3 days from what I have heard...the main concern is the pain medications and from other ongoing meds from what they can cause like blood clots ect,,ect,, a sudden blood clot can kill you instantly.
  6. ______________________ Craig N. Bash M.D., M.B.A. Neuro-Radiologist and Associate Professor Uniformed Services School of Medicine NPI/UPIN-1225123318 4938 Hampden Lane Bethesda, Md 20814 Cell/Text 240-506-1556 Fax 301-951-9106 drbash@doctor.com
  7. Buck52

    What the heck just happened??

    38 C.F.R.4.46 - § 4.46 Accurate measurement. Accurate measurement of the length of stumps, excursion of joints, dimensions and location of scars with respect to landmarks, should be insisted on. The use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. Muscle atrophy must also be accurately measured and reported. On DBQ's (VA FORM 21-0960M-14) it states the following for Measuring Range of Motions: NOTE: Measure ROM with a goniometer, rounding each measurement to the nearest 5 degrees. During the measurements, document the point at which painful motion begins, evidenced by visible behavior such as facial expression, wincing, etc. Report initial measurements below. Following the initial assessment of ROM, perform repetitive use testing. For VA purposes, repetitive use testing must be included in all joint exams. The VA has determined that 3 repetitions of ROM (at a minimum) can serve as a representative test of the effect of repetitive use. After the initial measurement, reassess ROM after 3 repetitions. Report post-test measurements in Section 5. C&P Service Clinicians Guide.htm 17. Musculoskeletal a. For all joint or muscle disorders, state each muscle and joint affected. b. Separately examine and describe in detail each affected joint. Measure active and passive range of motion in degrees using a goniometer. In addition, provide an assessment of the effect on range of motion and joint function of pain, weakness, fatigue, or incoordination following repetitive use or during flare-ups. (See the appropriate musculoskeletal worksheet for more detail.) NOTE: The diagnosis of degenerative or traumatic arthritis of any joint requires X-ray confirmation but once confirmed by X-ray, either in service or after service, no further X-rays of that joint are required for disability evaluation purposes. When an examiner in this case a C&P Examiner is used for medical opinion and reports his clinical findings accordingly the exam should be conducted appropriately and speculation or guessing about ROM is just that speculation. therefor the exam should be classified as inadequate. re exam should be scheduled.
  8. I agree with gastone APPEAL this ASAP THE SOONER THE BETTER. i would also get a transcript of the hearing he had with the judge over the phone they should be a recording of it and transcribe on paper,( Need to see what questions was ask and your hubby answers) Also a copy of the C&P EXAM on April 30th File the NOD 21 0958 Request a DRO Hearing to help get this mess straighten out (do so within 60 days) of receipt from the proposal to reduce letter. DRO should contact you and let you know he got your request for the hearing and let you know when your request is accepted and give you a time and date to report for the hearing (do not miss this hearing) when you guys get there request a informal hearing, this is better b/c you both can be present at the hearing and face the DRO ONE ON ONE & present your case have any favorable evidence with you at this time Therapy notes is good lay statements from you to let them know about your hubby behavior and hopefully a rating specialist will be at your hearing also, if you use a vso or attorney they need to be there with you. Request his C-FILE asap Request the transcript & his last C&P Report on April 30th from the VBA (Veterans benefit Administration ) go to the medical records release of information, request all his medical records from the last 3 years or so dig deep into them...find any favorable records ect,,,ect,, You need to know what evidence they have to reduce your hubby. Dig deep for medical evidence favorable to your hubbys case , get (notarized) lay statements from family and friends people that know your hubby and can attest to his behavior, his anxiety attacks, his fear being around others his non social life things that describe his life style and behavior ect,,ect,,, A good lay statment from you describing his behavior at home and some of the things he fears. At night Describe his sleep pattern does he have night sweats wake up with nightmares does he say things like I wish I would die or talk about killing himself , All these things need to be mention if they are true and mention that your hubby attends therapy twice a month \ to address his emotional state and help him cope with his everyday struggles. Mostly you need Dr opinion on his behavior ask his VA Phyistrist to write a letter and give an opinion on his Assessment to his PTSD...give the medications the psychiatrist prescribes for your hubby. If the VA Physiatrist refuse to help , your only alternative would be seek a private One (they are expensive but an opinion letter for maybe 300/500 dollars to read your hubbys pertaint medical records and to examine him to give his/her professional opinion about your hubbys present M.H. Condition would be well worth it. (jmo) if you can't then all the above would be proper way to prepare for this type of case. or maybe hire an experienced attorney Attorney Chris Attig would be a good one or Alex Graham both a members here on hadit and Alex is a certified VA Claims Agent. (AKA (Asknod) Or just stay here on hadit and get some great advice from some of our fantastic elder members Ms berta , Tbird, broncovet ,gastone ,vetquest, Vync, Hamslice , L, prwslem, jerfri, so many others too that give there time free of charge for some well needed advice and information! Don't be shy or afraid of the DRO he /she is there to help you get this resolved & usually the DRO wants it to go in your hubbys favor. Just remember the DRO goes by what all evidence you have to refute this proposal to reduce and sometimes an increase is warranted instead of a reduction or your hubbys % stays as is. if you have to and need more time to prepare for your case you can request an extension.*(with good reason)*
  9. Roger that. I was reading this from Hill& Ponton disability attorneys. What is the reason behind the bilateral factor? The law recognizes that these situations are much more limiting on a veteran. If a veteran has a disability affecting his right arm, and then his left arm becomes disabled, he is severely limited in his ability to function. A veteran with a disability affecting only his left arm has his right arm to use for daily tasks. However, a veteran with a disability in both arms is able to do far less. The bilateral factor’s purpose is to compensate a veteran for the additional loss of their ability to function as a result of both sides of their body being affected. It is important to note that a veteran does not have to have the same disability on both sides in order for the bilateral factor to apply. VA disability ratings look at whether an upper extremity (such as the arm), or a lower extremity (such as the leg) are affected by a disability. The bilateral factor will apply as long as the veteran has disabilities affecting the left and right upper extremities or the left and right lower extremities. For example, the bilateral factor will still apply if a veteran has a right knee condition and a left hip condition because there is a disability affecting the right lower extremity and a disability affecting the left lower extremity. However, the bilateral factor would NOT apply if a veteran has a right shoulder condition and left knee condition.
  10. Well you should do what you think is right or like your VSO mention to wait a while but waiting your loseing $$ but if you don't feel comfortable filing for increase right now maybe best to wait a while, I can understand that sure don't want to look a gift horse in the mouth per''say''
  11. Buck52

    What the heck just happened??

    go to your C&P Chief tell him/her what you just told us about your ROM motion and pain about the examiner saying'' I didn't ask you if you was'' when you were in pain they do not have the right to treat you like that. This examiner had no right to put you in pain and when you mention to him you were having pain and he says I never ask you if you were having pain. the examiner is there to examine you he filed to do that. also they are suppose to use a goniomenter Using a goniometer, measure and report the range of motion in degrees of forward flexion, extension, left lateral flexion, right lateral flexion, left lateral rotation and right lateral rotation. Generally, the normal ranges of motion for the cervical spine are as follows: • Forward flexion: 0 to 45 degrees • Extension: 0 to 45 degrees • Left Lateral Flexion: 0 to 45 degrees Request another exam with a Different examiner.
  12. you need to claim what ever condition that you have , if you think it was cause from your military service or can be secondary to a condition you have,. check your PCP Clinician progress notes & speciality clinics notes on myhealthvet and see if they have you diagnosed for any other condition that you don't know about? try to remember if it could be military related? do you have the medical records as key evidence? ...you be surprised what those Docs write up in there reports each time you see them.
  13. This examiner didn't do you any favors thats for sure If you can or able to afford a IMO/IME go to a specialist have him/her to examine you use a DBQ like this one and take this DBQ with you ask the private Dr to do his own exam and give his opinion he needs to refute this examiner. & compare the DBQ's And submit the New IMO/IME as new evidence Just be open and honest with the private Dr and hope and pray he will help you out they are private Dr's out there that will help. I had a C&P Examiner do this to me years ago and he went on to say I shouldn't be service connected in the first place (with my medical and service records right in front of him (which obviously he never read)...I got a IMO/IME with a specialist and he tore that VA Examiner up , he went into more details about my condition and read my medical records that pertaint to the condition I was claiming. although my NOD was having a DRO Hearing at my R.O. the DRO took my private Dr's opinion over this VA Examiner and expedited my claim. you need a Veteran friendly private Dr to help you out..just call around until you find one that will help you.
  14. vetquest If you need to increase your PTSD or any other claims I would recommend you file the ITF (Intent to file) asap & get that EED started, you would have 11 months and 29 days to file it or prepare for it from the date you file the ITF. doing this would not open up your other claims other than the PTSD, They would look at your PTSD Claim and check your new evidence for the Increase And if it warrants an increase you could possible be rated 100% for the PTSD Alone if warranted and this would open up the possibilities of the SMC with your other S.C. Disabilities. I had most of my s.c disabilities combined to 90% and was awarded the TDIU P%T at the combined 90% level & disability is of static in nature and not expected to improve in veterans life time no future exams scheduled. they used the CFR 4.16 Extra scheduler. I had these sc disabilities over ten years and filed a new claim for PTSD and was awarded 70% with this new rating it qualified me for the SMC S H.B & They never open up any of my other sc claims if they did it was just to see what I was rated for to add the SMC. I submitted the PTSD Claim ITF while I gathered up my evidence & submitted the ITF PTSD Claim after 11 months and 15 days , it took them 3 months for the decision. (14 months of retro at 70%)not a big hunk but it certainly helped out. Getting another disability S.C.or a higher rating when you have a high rating at 90%to 100% it opens the door for the SMC and other possible secondary claims as well. for me I also have va dx sleep apnea due to the PTSD Meds, I could file a secondary claim to PTSD For the S.A. but no more $$ in it for me so I choose not to file for that but VA prescribe me a C-PAP and it helps. I would not be afraid to file if I was you. b/c they can send us to a C&P at any time if they get reason our s.c. disabilities have shown improvement. (which is highly unlikely) plus you have the 10 years rule in place like I did. something to think about.
  15. I agree with Gastone on this. & If this gets going it will certainly help out those veterans with 0%S.C. and non S.C. As I understand it Veterans don't need to to have a disability or be S.C. to file.
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