fmfdoc

December 13, 2023

that's correct. I'm 100% P&T and after many years finally was awarded 10% for Rhinitis.

thought I'd ask anyway!

thanks!

December 13, 2023

Hello,

I'm currently 100% P&T and received 10% for Rhinitis (PACT Act) on 12/11. the effective date is 8/22.

My question is will I receive backpay for that one Year?

I've had rhinitis since 2006 and only due to the PACT ACT, am I now receiving a positive claim after being denied for many years.

June 18, 2018

14 hours ago, broncovet said:

A c and p exam is "at the VA's option". There are many reasons why they will/will not order an exam.

However, if you have the evidence with an IMO/IME, then if VA does order an exam, a lawyer could allege the VA is "doctor shopping" to deny.

They are not supposed to order an exam if there is already sufficient evidence to award benefits. Its evidence that wins claims.

thanks for the Feedback. The Law firm that represented me was Chisholm, Chisholm and Kilpatrick. I've seen there name used several times on this site, Hopefully the Court of Appeals for Veteran Claims decision will be enough to grant an award!

June 16, 2018

10 hours ago, pwrslm said:

If they overturned the earlier decision you should get back pay back to the original claim where you appealed from.

thanks for the feedback. did you go through another C&P before the backpay?

June 16, 2018

Hi,

A Law firm that works with the DAV represented me for a disability case. In 2006, I was rated at 10 percent for DDD. The Law firm claims the VA did not consider ROM with pain during my C&P in 2006. Fast forward to 2015 during an appeal and having to meet with a Traveling VA Judge, I was eventually rated 40 percent (which is what i thought i'd be this whole time).

Just today, I received a letter from the firm. They are "pleased to tell me" The Court of Appeals for Veteran Claims vacated the decision from the BVA and remanded my claim for further "proceedings consistent with the Joint Motion for Remand and the Court's order" Essentially, the VA agreed that the range of Motion with pain was not taken into consideration.

My claim file will be transferred to the BVA and they must make a new decision. The letter ends by asking me to call the DAV national appeals officer. I did and left a VM.

So, my questions are: Has anyone had this experience? what was your outcome? Also, is there a possible back pay due based on this going back to the BVA?

I hope all of you are doing well!

let me know if you can shed some light for a possible outcome.

July 27, 2016

great information. thanks!

July 27, 2016

Hi everyone,

Question... I currently have SA secondary to PTSD and depression. I have been knocked out several times on active duty( parachute falls, combat) but have never been dx'ed with TBI. I do suffer from the memory loss and other symptoms that I've read about with TBI but again have never been dx'ed for that. I had several headache treatments during AD...

What route would you recommend to get the TBI claim going? I have a PCP appointment next month at the VA and want to present possible TBI issues. In many ways, I sucked it up after I passed out and didn't run to the Military doc.

July 26, 2016

Hi everyone,

Question... I currently have SA secondary to PTSD and depression. I have been knocked out several times on active duty( parachute falls, combat) but have never been dx'ed with TBI. I do suffer from the memory loss and other symptoms that I've read about with TBI but again have never been dx'ed for that. I had several headache treatments during AD...

What route would you recommend to get the TBI claim going? I have a PCP appointment next month at the VA and want to present possible TBI issues. In many ways, I sucked it up after I passed out and didn't run to the Military doc.

ArNG11 · February 18, 2016

Outstanding!

Corpsman8404 · February 12, 2016

17 hours ago, Corpsman8404 said:

Noooice! Congrats "Devil Doc" !

thanks bro!

February 10, 2016

21 minutes ago, pete992 said:

Gastone- no "future exams scheduled" was listed on my letter. I have another claim opened but not for the back...Maybe I should withdraw that and move on with my 100% P%T?

The crazy one here, IMHO let VA go ahead and process this claim. It's possible that later it could be used to help you get SMC payments. VA loves to grant a veteran 100% P & T and then ask them to drop the rest of their claims. I had several claims on appeal when VA granted my 100% P & T scheduler and VA called me and asked me to drop all my appealed claims and I told them no I wanted them to be rated. So after being granted 100% P & T and due to the date of my claims on appeal I still got several thousands of dollars in back pay and the conditions service connected.

My pending claim really has nothing to do with my back which is the 100 percent P&T. Also, I don't feel like I'm gambling and putting this 100 percent at risk. I should here something back with the next month.

February 10, 2016

1 hour ago, Gastone said:

Was "No Future Exams Scheduled," listed with the T & P on your Award Letter?

If not, I think your C-File gets "Diary Dated," for re-exam at 18 24 or 36 months up until you reach the age of 55. Of course, filing a Secondary Issue Claim, would open the Primary SC to Re Exam.

File for your states 100% Disabled Vet Property Tax Exemption, Yesterday! Get the VA Free $10K Life Ins policy, can't beat the price, right.

Semper Fi

Gastone- no "future exams scheduled" was listed on my letter. I have another claim opened but not for the back...Maybe I should withdraw that and move on with my 100% P%T?

February 10, 2016

thanks Palma and Broncovet!

February 9, 2016

Thanks Pete!

rwskitch · February 9, 2016

I just wanted to share my success story. Just last week, I won my appeal for IVDS/DDD resulting in 100%. Having that increased pushed me over the top to 100% and P&T. I wasn’t expecting the P&T and will not argue that decision or the 100 %.

The appeal started early 2015 and concluded last week. Actually, the battle to increase started in 2008 and as time went on my back just didn’t get better. I applied for an increase, was rejected several times and the finally appealed this past decision and won.

I didn’t win because of luck; I won because I fought each and every step. So, for those still working on an increase and want to be 100 percent (or even just increase to another percent), you better be your best advocate. Your VSO will help but you need to be WAY more proactive than just a VSO.

To start, I learned what I needed to do by trolling this site and asking questions (for C&P exams, expert letters, notice of disagreements, etc.). We each have our own Physical or psychological disabilities but our goals are the same and that is to get what we deserve. If you feel you deserve it, then buckle down and get ready for a journey. I can attest it can be a long journey but it’s in my personality to never give up and never take no for an answer.

Finally, I know that P&T is not exactly “permanent” for at least 10 years. I'll still attend my appointments and my back is still messed up.

It’s like VA Math. It doesn’t make sense but neither does being denied increase for something that is taking away from a better quality of life.

PLEASE be your best advocate, listen to advice on this site and keep your vision in front of you!

January 29, 2016

thanks for your feedback. to each is own. From my understanding the rating is based on ROM not xrays results. I have read through dozens upon dozens of appeal results. I didn't see where xrays trumped C&P ROM.

January 27, 2016

On ‎1‎/‎25‎/‎2016 at 7:43 AM, iceturkee said:

i hope so too. but i would still be curious what your x-rays showed.

here are my x-ray results. My understanding is the ROM or lack of ROM will be key for an increase..

There is an exaggerated lordosis of the lumbosacral spine with

degenerative disc changes scattered in the lumbar spine.

There is no evidence of spondylolisthesis. partial

lumbarization of S1. minimal right convex curve to

the lumbar spine.

January 25, 2016

On ‎1‎/‎22‎/‎2016 at 1:23 PM, iceturkee said:

so what do your xrays show if you have no arthritis or a significant vertebral fracture? i am 40 percent for my back. i have five herniated discs, a slipped vertebrae, two torn discs, both foraminal and spinal stenosis and arthritis.

while your range of motion would warrant 40 percent, i am concerned that you use no assistive devices, (wheelchair for me but i also have rheumatoid arthritis) and have had no mri's. hence my question about what other diagnostic tests show.

thanks for the feedback. I currently don't use assistive devices(yet). I've done as much as I can to this point and hope the appeal results are coming back to me soon.

January 22, 2016

thanks you all for the feedback to this point!

January 22, 2016

40 minutes ago, hilltravis said:

Based upon ROM, it will be 40% for the DDD/IVDS

If they also rate you for peripheral nerve issues (Sciatica), then it will either be:

10% on Left, 10% on Right...then you should get the bilateral bonus points as well

20% on Left, 20% on Right....then you should get the bilateral bonus points as well.

The reason I gave you the range of either 10 or 20% is because the Raters will often go low, even though the examiner marked your issues as being "moderate".

Travis

What if I'm already receiving 10% for left and right ridiculopathy. Is that an addition 10 % for sciatica?

thamk you so much for the feedback above!

January 22, 2016

any feedback will be greatly appreciated!!

January 21, 2016

14 minutes ago, iceturkee said:

just curious, have you had recent mri's of your back? if so, what was the report?

NO MRIs done.

January 21, 2016

19 hours ago, Navy04 said:

Sorry to say that Pete is right on the money.

thanks and don't feel sorry. I'll keep working on it!

January 21, 2016

19 minutes ago, iceturkee said:

hard to say without seeing your ROM during your exam.

just posted it since my pdf didn't work

January 21, 2016

Hi,

I wanted to get some feedback on my C&P exam due to a claim. The claim went forward because my previous C&P for my DDD was full of lies about my ROM. Below is my ROM during the exam also complete redacted exam.

Anyway, any idea of what the possible increase would be?

forward flexion----0 to 15 degrees

extension---- 0 to 10 degrees

right lat flexion-- 0 to 10 degrees

left lat flexion-- 0 to 10 degrees

right lat rotation----0 to 20 degrees

left lat rotation-- 0 to 20 degrees

Here is my full exam:

CURRENT STATUS BACK CONDITION: He has a baseline pain of 7/10 that flares

up to 8-10/10 a couple times a month. If it flares up and he can't go

to work he calls in sick. He missed over 100+hrs over the past year for his

back. The pain is across the lower back and goes into both buttocks. A

couple times a week the pain can go down into both calves. He does a lot

of stretching which seems to help. He feels like there have been about 5-6 weeks total over the past year where he has been totally incapacitated and needed to have family members help him get dressed and out of bed. He is in the middle of a flare up now. Care has included chiropractic care, medications, TENS unit and physical therapy. No surgery on the back or injections in the back.

b. Does the Veteran report flare-ups of the thoracolumbar spine (back)?

[X] Yes

[ ] No

If yes, document the Veteran's description of the flare-ups in his

or her

own words:

Its like a burning shooting pain in the back down shoots down back of

legs.

c. Does the Veteran report having any functional loss or functional

impairment of the thoracolumbar spine (back) (regardless of repetitive use)?

[X] Yes

[ ] No

If yes, document the Veteran's description of functional loss or

functional impairment in his or her own words.

He can't go to work. he has a stand up desk at work when he needs

it. He has to take a lot of time off from work. When he feels totally

incapacitated he will need family members to help with daily

activities.

3. Range of motion (ROM) and functional limitation

-------------------------------------------------a.

Initial range of motion

[ ] All normal

[X] Abnormal or outside of normal range

[ ] Unable to test (please explain)

[ ] Not indicated (please explain)

Forward Flexion (0 to 90): 0 to 15 degrees

Extension (0 to 30): 0 to 0 degrees

Right Lateral Flexion (0 to 30): 0 to 10 degrees

Left Lateral Flexion (0 to 30): 0 to 10 degrees

Right Lateral Rotation (0 to 30): 0 to 20 degrees

Left Lateral Rotation (0 to 30): 0 to 5 degrees

If abnormal, does the range of motion itself contribute to a

functional loss? [X] Yes (please explain) [ ] No

If yes, please explain:

can't sit comfortably. stands for most of history and exam

Description of pain (select best response):

Pain noted on exam and causes functional loss

If noted on exam, which ROM exhibited pain (select all that apply)?

Forward Flexion, Extension, Right Lateral Flexion, Left Lateral

Flexion, Right Lateral Rotation, Left Lateral Rotation

Is there evidence of pain with weight bearing? [X] Yes [ ] No

Is there objective evidence of localized tenderness or pain on palpation

of the joints or associated soft tissue of the thoracolumbar spine

(back)?

[X] Yes [ ] No

If yes, describe including location, severity and relationship to

condition(s):

tender lumbar paraspinal muscles

b. Observed repetitive use

Is the Veteran able to perform repetitive use testing with at least three

repetitions? [X] Yes [ ] No

Is there additional loss of function or range of motion after three

repetitions? [X] Yes [ ] No

Select all factors that cause this functional loss:

Pain

ROM after 3 repetitions:

Forward Flexion (0 to 90): 0 to 10 degrees

Extension (0 to 30): 0 to 0 degrees

Right Lateral Flexion (0 to 30): 0 to 5 degrees

Left Lateral Flexion (0 to 30): 0 to 5 degrees

Right Lateral Rotation (0 to 30): 0 to 5 degrees

Left Lateral Rotation (0 to 30): 0 to 5 degrees

c. Repeated use over time

Is the Veteran being examined immediately after repetitive use over time?

[ ] Yes [X] No

If the examination is not being conducted immediately after repetitive

use over time:

[X] The examination is medically consistent with the Veteran's

statements describing functional loss with repetitive use over

time.

[ ] The examination is medically inconsistent with the Veteran's

statements describing functional loss with repetitive use over

time. Please explain.

[ ] The examination is neither medically consistent or inconsistent

with the Veteran's statements describing functional loss

with

repetitive use over time.

Does pain, weakness, fatigability or incoordination significantly limit

functional ability with repeated use over a period of time?

[X] Yes [ ] No [ ] Unable to say w/o mere speculation

Select all factors that cause this functional loss:

Pain

Able to describe in terms of range of motion: [X] Yes [ ] No

Forward Flexion (0 to 90): 0 to 10 degrees

Extension (0 to 30): 0 to 0 degrees

Right Lateral Flexion (0 to 30): 0 to 5 degrees

Left Lateral Flexion (0 to 30): 0 to 5 degrees

Right Lateral Rotation (0 to 30): 0 to 5 degrees

Left Lateral Rotation (0 to 30): 0 to 5 degrees

d. Flare-ups

Is the exam being conducted during a flare-up? [X] Yes [ ] No

Does pain, weakness, fatigability or incoordination significantly limit

functional ability with flare-ups?

[X] Yes [ ] No [ ] Unable to say w/o mere speculation

Select all factors that cause this functional loss:

Pain

Able to describe in terms of range of motion: [X] Yes [ ] No

Forward Flexion (0 to 90): 0 to 10 degrees

Extension (0 to 30): 0 to 0 degrees

Right Lateral Flexion (0 to 30): 0 to 5 degrees

Left Lateral Flexion (0 to 30): 0 to 5 degrees

Right Lateral Rotation (0 to 30): 0 to 5 degrees

Left Lateral Rotation (0 to 30): 0 to 5 degrees

e. Guarding and muscle spasm

Does the Veteran have guarding or muscle spasm of the thoracolumbar spine

(back)? [X] Yes [ ] No

Muscle spasm:

[ ] None

[X] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology:

walks slightly hunched forward

Localized tenderness:

[ ] None

[X] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology:

walks slightly hunched forward

Guarding:

[ ] None

[X] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology: walks slightly hunched forward

f. Additional factors contributing to disability

In addition to those addressed above, are there additional contributing

factors of disability? Please select all that apply and describe:

Interference with sitting

4. Muscle strength testing

-------------------------a.

Rate strength according to the following scale:

0/5 No muscle movement

1/5 Palpable or visible muscle contraction, but no joint movement

2/5 Active movement with gravity eliminated

3/5 Active movement against gravity

4/5 Active movement against some resistance

5/5 Normal strength

Hip flexion: