Buck52's post in DC codes for Back Spasms was marked as the answer
For the Patella Femora Knees try DIAGNOSTIC CODE 5292/5295
Paralumbar muscle spasms ( back spasms) Lumbar SPRAIN/ STRAIN (Muscle spasms) try Diagnostic Codes 5257
Knee CFR 38 4.1 TO 4.71 (a)
Unless these regulations are for right knee and left knee may have different Code?
Buck52's post in Higher level review was marked as the answer
What is the VA doing about the 3 errors? is this why your new C&P HAS BEEN SCHEDULED?
You may want to look up the M-21-III CHAPTER 5 GUIDELINES FOR REVIEWING EVIDENCE Criteria
About the conflicting information about your mental health condition?
is this conflictiing information involving 2 separate Dr's and their credentials ? or different medical opinions?
''The Benefit of the Doubt Doctrine means that if there is a proximate balance between positive and negative evidence in a veteran's claim, VA is supposed to decide in favor of the veteran. This balance of the evidence is called “equipoise.''
If this exam is for Mental Health (PTSD) I would suggest you read up on the PTSD DBQ as this is normally what the examiner may ask you questions from.(jmo)
Buck52's post in VERY strange C & P exam was marked as the answer
These type of examiners just wants to play big shot and use their authority to scare veterans and it usually works.
This examiner did not do his job and that is to read your medical records in front of him on the computer he also can read these records at home the VA SEND THIS EXAMINER YOUR RECORDS AND ASK THAT HE EVALUATE YOU BASED ON WHAT IS IN YOUR RECORDS AND GIVE HIS MEDICAL OPINION ON WHAT YOUR CLAIMING.
HE FAILED TO DO HIS JOB AND YOU CAN SAY THIS EXAM WAS NOT CONDUCTED CORRECTLY AND YOU CAN SAY THIS EXAM IS Inadequate .
ask to be reschedule for another C&P WITH A DIFFERENT EXAMINER.
Buck52's post in Long-term NSAID usage and Acid reflex/GERD was marked as the answer
But the confusion is would taking these medications be the cause or related to these condition or symptoms? we should be able to use the side effects list as evidence but as always its better to have Specialist to give his medical opinion but again point to the medication list of side effects as evidence this is what actually the va is telling us.
Buck52's post in P&T, is he safe? was marked as the answer
I got a 50% rating for moderate hearing loss I went from 0% to 50% the first time around I was denied but got service connection established BUT NO RATING and then I filed for increase and got the 50% which I should have got the first time around because the hearing test #'s WERE CLOSE TO THE SAME..I WAS A GREEN HORN AND NEVER NOD THE DENIAL SO I FILED FOR INCREASE OVER A YEAR LATER AND GOT THE 50%
broncovet is fairly good reading these hearing loss charts let him look at the chart you put up and he can give you his opinion.
I would think you should at least get 30% if not the 50% like I got.
Do you know what your Maryland CNC speech discrimination test score was?
Buck52's post in C&P for a secondary condition to ptsd was marked as the answer
This just goes to show how much the VA is so screwed up.
I would go to the C&P Office and ask to see the Manager of the office or the C&P CHIEF
as GB Mention ask to see the person that makes the schedules this is the person who could made the screw up.
I would not say why you want to see them > if the clerk ask just say I don't like to discuss things about business to anyone but the person or persons I need to talk to about it....something like that but be nice
or you can say you need to check on a C&P that you had on date**--**-****
.if you tell these clerks the real reason they will go back there and let them know what you want and they may or may not try to hide it and tell the clerk to get rid of you like no ones on in to see you or they are all out sick or on vacation they will lie to you so be careful as to what you say to these clerks...that's how the VA operates
they will or should reschedule a new C&P on the secondary condition that your claiming asap.
if the C&P OFFICE don't get you the results you need go see the VA Hospital Director
Buck52's post in VA found an error in their duty to assist was marked as the answer
Here is just my opinion on this
I believe a Senior Rater as found an error and has taken your claim back to the regular rater to correct it the regular rater will hit the back button (erase what he had written and correct the error , usually in this case the error will be in your favor, you won't know until you get your decision if its not in your favor then welcome to the Appeal line where most of us have been. but hopefully its in your favor and don't go to remand.
Buck52's post in From SMC S to a higher SMC rating was marked as the answer
You can file for any condition that was caused by your military service or a condition secondary to an existing condition , these secondary conditions becomes part of the original condition once they rate it.
I have two SMC's and also I have other conditions that I could file for and get S.C. and rated, but there's no more compensation for these conditions, but they could be s.c. and rated...other than just getting the % build up way higher over the 100% would make it hard for them to reduce below the 100& in case a Proposal to reduce my benefits.
I elect to just stay where I am due to my age 67 and only need 3 more years for the 20 year protection...in the mean time if I get a proposal to reduce before my 20 year protection I will Appeal and keep appealing it until i get in the 20 years in, but if I appeal I will have the evidence to sub-stain what I do have and may even file for more conditions at this time that could be S.C. and Rated.
Buck52's post in please look at my c&p exam results and tell me what should i expect was marked as the answer
It could be 100% but don't be surprised if they give a 70% rating
because this was not check
Total occupational and social impairment???
however this was check
X] ''Occupational and social impairment with deficiencies in most areas,
such as work, school, family relations, judgment, thinking and/or mood''
and this was checked
[X] Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene
These last two here should meet the 100% rating criteria .
I notice the examiner mention you have chronic sleep impairment...if you use a C-PAP ...you should also file a secondary to PTSD from your medications you take...you need Qualified Doc to give his opinion that the medications you take is related to the OSA unless you do have prior medical service records as evidence for this OSA?
Buck52's post in Obstructive Sleep Apnea: Mild to Severe in 10 Years was marked as the answer
I agree with broncovet
to answer your question this is your Service connection date (2007)
''I had a sleep study in 2007 while on active duty and got diagnosed with "mild obstructive sleep apnea."
(use this 2007 letter for evidence)
If you were S.C. for sleep apnea but at 0% ....> use your new May 2018 letter from that Dr that stated you have Chronic Severe Sleep Apnea'' Hopefully the Dr mention some thing like this or close to it below (if not check with this Dr ask him to mention this you need it in writing (documented) use the word chronic severe
''it is Medically Necessary Requirement you use the C-PAP ''(They may try to use this May 2018 date?)
''In May 2018 I had another sleep study with the result being "severe obstructive sleep apnea," and was prescribed a C-PAP which I use currently.''
or you can try to get the EED Back to 2007 your first diagnose while in the military when it first occurred (adjustments will need to be made but let them figure that all out from mild OSA 2007 to the severe OSA in 2018 (Point this out in your NOD
Just my opinion here
'You have been diagnosed with ''Severe Obstructive Sleep Apnea.''
that should be a 100% Rating
As for as getting the 2007 date even if it was at 0% that 2007 date established your Service connection for the Mild Sleep Apnea...it just got worse over the years and its now been increase to the ''Severe Sleep Apnea''.
HOW DOES VA RATE SLEEP APNEA?
''Sleep apnea is rated by the VA under 38 C.F.R. § 4.97, Code 6847 as Sleep Apnea Syndromes (Obstructive, Central, Mixed). Veterans are assigned 0%, 30%, 50% and 100% ratings for sleep apnea, depending on the severity of their condition. Below are the criteria listed in VA’s rating schedule for sleep apnea:
100%: “Chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy, or cor pulmonale.” Cor pulmonale is the enlargement or failure of the right side of the heart due to lung disease.''
50%: ''If a veteran “requires use of a breathing assistance device, such as a continuous airway pressure (CPAP) machine.”
30%: ''''The veteran is experiencing “persistent daytime hypersomnolence.” Hypersomnolence is a condition similar to insomnia, characterized by chronic daytime sleepiness that does not improve even with sufficient sleep.''
0%:'' If the veteran’s condition is Asymptomatic but has “documented sleep disorder breathing.” An asymptomatic condition is one that is diagnosed, but may not be producing symptoms.''
''Keep in mind that sleep apnea can be a secondary service-connected disability, or can cause a secondary service-connected disability. For example, a veteran who developed Parkinson’s Disease (PD) after being exposed to Agent Orange may develop sleep apnea as a result of their Parkinson’s. This means VA can rate you for PD, as well as for sleep apnea.''
Buck52's post in extended weekend? was marked as the answer
I don't see why not yeah take the 3 day weekend off you earned it buddy & spend some quality time with your family.
Note:...maybe you should just check it once a week and not every hour of the day, you may have less stress if you do.
Please don't take this the wrong way ,e benfit's is a good thing for us Veterans to keep up with our claims but it also can be a bad thing for us stressing us out all the time.
Buck52's post in VA doctor letter for TDIU was marked as the answer
YOUR VERY LUCKY VETERAN TO HAVE A va Doc Write you a letter like this your quote below
'' i told my phychiatrist that I had applied and got denied and she said with my records she didn't understand why, so she made me a formal letter saying I was unemployable even for sedentary work and the my condition was unlikely to improve.''
The letter should be pretty strong if the Dr he/she detail your symptoms ? And your symptoms met the 100% requirements according to the Mental health rating chart.
They go by the severity of your Symptoms for rating a Mental Disorder Filing for IU is basically requesting an Increase.
you could be possibly rated 100% for your mental dis order, why would you want the TDIU?
if you were denied and Sent in your Notice Of Disagreement (NOD) within a year from your denial...and you sent in the Dr's letter as strong evidence that this disability keeps you from doing any type of marginal employment In my opinion you may be sent to another Forensic PTSD Exam and certainly could be rated the TDIU/W P&T
I think if it was me I would rather have the 100% scheduler rating.
Buck52's post in MST/PTSD Inpatient Programs was marked as the answer
If you are a Victim to MST, its better if you tell your VA PCP about it he/she will refer you to the VA MH Clinic for evaluation, and you tell your story to the MST Coordinator not all but in part of what happen, there should be records on file of this reported horrific event, if no records or markers then it will be double hard to prove your claim but you certainly could still have a valid claim its just harder to prove with no records.
Buck52's post in What to do next? was marked as the answer
You need to be careful here because a proposal to reduce benefits and and NOD are two different things in a proposal to reduce your benefits you only have 60 days to respond from the date of the proposal and in a regular denial you have a year to respond.
Most veterans opt to request a DRO Review or DRO Hearing in person between you and the DRO at your Local VA Regional Office to settle the reduction proposal.
''DRO'' =( Decision Review Officer)
You need an IMO from a quailfied Dr on your current disability the VA sent you a proposal letter on. you need the Dr to examine you read your medical records on this condition and it needs to be favorable on your part the Dr needs to say in detail just how bad your condition is and opien on that, sometimes a proposal backfires on the VA and in increase is warranted and not a reduction.
''IMO'' (Independent Medical Opinion)
Main thing is don't miss your proposal deadline. GET NEW EVIDENCE TO PROVE YOUR DISABILITY HAS NOT IMPROVED With a GOOD Qualified Dr and in good detail.
Your Attorney should Advised you on all of this and maybe more.
Buck52's post in SMC S awarded never paid was marked as the answer
Make sure they never paid you for the SMC's? check the rating pay tables on what you are S.C For.
if you just been getting your regular pay on 100% with dependents make sure there not adding the SMC's to that. about 34700 extra with spouse and 103 extra for the K ABOUT 450.00 $$ ON TOP OF YOUR 100%
Some times the raters don't catch the SMC Criteria and don't grant it.
The severity of the condition is what they look at if it is rated high enough that would change the outcome of your compensation With your other ratings combined up to 60% past 100% then its mandatory they assist in you meeting the SMC Criteria...they have a SMC RATING TABLE they look at to see if you meet the criteria for certain SMC s K OR S h.b. or what ever letter your SMC meets that criteria for.
I was reading something the other day that when a veteran has a combined rating of 70% and used the 4.16 to meet the critera for IU THEN HE IS NOT ELIGIBLE FOR SMC S EVEN IF HE HAS ANOTHER CONDITION ABOVE THE 60%
I need to research this more.
Buck52's post in Generic Letter From a Doctor For SMC S was marked as the answer
The VA has a duty to maximize a veteran’s benefits; they are supposed to render a decision that grants every benefit to which the veteran is entitled to. It is generally presumed that when filing a claim for disability, the veteran is seeking the maximum benefit allowed by law that corresponds to their disability. Therefore, SMC is not something a veteran has to formally request of the VA. It is inferred when a claim for disability is submitted. The VA is supposed to consider it when making a decision on the claim, whether the veteran is entitled to SMC benefits if the evidence in the claims file indicates that they are. The VA often fails to do this though, so you will want to know when you are entitled to these benefits so you make sure the VA is not paying you less than you deserve. If a veteran is erroneously denied SMC benefits or not granted the full amount of SMC benefits they are entitled to, they could be entitled to retroactive benefits or even make a claim for clear and unmistakable error.
Source: Hill & Ponton Disability Attorneys
Buck52's post in Looking for help was marked as the answer
Also you can call into the Hadit.com Radio Show hosted by Jbasser and Jerrel Cook
This show is usually advertised on the Hadit board for the time its air live.
Usually on Thursday Evenings at 7:00 pm eastern time 6:00pm central.
They have guest on the show and can answer your questions that you may have.
this is a really good thing hadit has and it's all free information
all you have to do is call in and talk with them and get some of your questions answered.
the call in # is 347-237-4819
They are a great couple & very knowledgeable Veterans & very happy to help.
Buck52's post in Anyone know what life insurance there are for TBI vets was marked as the answer
I'm not sure what they call it but if your getting the free 10.000 paid life insurance from your TBI I believe this other Insurance policy is Automatic for you with a traumatic disabling injury.
you have up to two years to get this insurance so you may want to check with the VA Counselors who know more about this.
I checked the VA INFORMATION on this and I can't figure it out?
but I am pretty sure if you get the free 10.000 100% paid life insurance and your S.C. For a Traumatic Injury such as a TBI I do believe your automatically covered but you need to find out for sure .
For us 100% VETS that have been S.C. and P&T we get the free 10.000.00 life insurance but have to file for it within 2 years after our Award of the 100% P&T and don't qualify for the atomic coverage like the Traumatic Injured Veterans can get.
However We can also pay for extra coverage insurance policies in the amount of our choice just need to compare policy coverage prices with different insurance carriers before agreeing with the VA Insurance policy's
Buck52's post in HELP Needed was marked as the answer
I think what the VA Rep meant when he/she said they need to open up your file...he/she means to look inside your C-FILE (Claims Folder) this is a good thing b/c they can see how they rated you and if you qualify for more benefits.
As I understand when a veteran qualify's for TDIU P&T That is a mandatory rating and the rater is suppose to invite the SMC S 1. by Infact rating.
Especially if the rating award letter mentions your disability is ''Permanent in Nature'' =M21-1MR
You should meet the criteria for A&A Also
Buck52's post in Lymes Disease- was marked as the answer
you might want to check out this BVA derision on Lyme Disease, its fairly a long read but may give you some Ideas. this veteran was Granted S.C. after a long fight...Not sure if he will get a rating its back in Remand.