[Success]

Happy to hear of your positive outcome Big Chief

[Accepted for VOC REHAB now what?]

It sounds like they determined you are eligible for voc rehab, but they have to be agreeable to the track you want to take.  I'd go to whatever meeting they set up.

[Movement]

So, after being in prep for notification for 3 weeks and changing to "gathering evidence" for a little over 4 months, I am in Prep for Decision.  I do know this is not a real indicator and when I check  later I may be back to gathering evidence.....  But the change means that at least someone somewhere did something *G*

[Accepted for VOC REHAB now what?]

Many moons ago I applied for voc rehab.  I filled out an application, met with a counselor and then they set me up to take a series of tests and meet with a psychologist.  At that time I was thinking about learning copier/business machine repair.  They talked me into going to college and I've never regretted that decision.  Given they have determined your current work is "unsuitable" they may be unwilling to give you training to stay in the same occupation, perhaps they want to talk with you about your options?

[Texas Property Tax Exemption]

$1000/month?  Ouch!

[Neurological exam]

Just to add my $.02 and perspective, I believe the VA staff has a high concentration of Talosians.

[C&P exams and symptom diminishing medications]

You need to take a look at the C&P form.  The rating is actually influenced by several factors other than pain. I was denied years ago when I had obvious symptoms. This time I paid a private neurologist to conduct a nerve study.  It's a little hard for the VA to dispute neuropathy when you have the tests to prove it exists.

 

http://www.vba.va.gov/pubs/forms/VBA-21-0960C-10-ARE.pdf

[Assigning Level of Incomplete Paralysis]

I filed secondary claims, am waiting for the decision and rating.....

[Assigning Level of Incomplete Paralysis]

All four limbs, the C&P said for my legs and feet moderate of the Sciatic but she also noted weakness, no reflexes, and tropic changes so according to this I'm thinking (moderately severe)

For the hands she noted moderate for the ulnar and medial, but the radial also showed issues on my EMG/nerve conduction study so I'm not sure if they will rate me moderate for a single nerve or use the lower radicular group for rating.

The interesting thing is that everything I've read said that the degree of paralysis (mild, moderate, severe) is subjective.  As this is part of M21, seems like it is less subjective than I previously thought.

[38 U.S.C. 5110 Determining Effective Date of Claim]

I started the intent to file a claim in November of 2014.  I found that raters are supposed to reference the following information when determining effective dates for periods prior to March 24, 2015.

I don't really understand this as it seems contradictory.  My situation, I applied for a rating of peripheral neuropathy in 1994, I never had an exam, but was told it was denied due to lack of evidence.  I reapplied with my July 2015 claim.  M-21 tells me to reference the following section to determine effective date.  There is evidence in my VA records that go back to early 1987 of neuropathy and it is consistently noted every year since then.  If this is in fact the reference the rating official must use would they establish a rating date as far back as records allow or a year prior to my "intent to file a claim" date of 11/14 (so as early as 11/13)?

Authority: 38 U.S.C. 5110(a))

(b)

Claim.

Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the rea-son the disability was not permanently and totally disabling.

(1)

Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary dis-ability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this para-graph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

 

services hospital will be accepted as

the date of receipt of a claim. The date

of a uniformed service examination

which is the basis for granting sever-

ance pay to a former member of the

Armed Forces on the temporary dis-

ability retired list will be accepted as

the date of receipt of claim. The date

of admission to a non-VA hospital

where a veteran was maintained at VA

expense will be accepted as the date of

receipt of a claim, if VA maintenance

was previously authorized; but if VA

[Assigning Level of Incomplete Paralysis]

Found this today at M21-1lll_iv_4_SecG.  This document was updated in January of this year.  it's clear to me I should have been rated years ago when I was told there was no evidence.

b  Assigning Level of Incomplete Paralysis

The table below provides a general description of each level of incomplete paralysis of the upper and lower peripheral nerves.

 

Degree of Incomplete Paralysis	Description
Mild	subjective symptoms or diminished sensation
Moderate	absence of sensation confirmed by objective findings
Severe	more than sensory findings are demonstrated, such as atrophy, weakness, and diminished reflexes.

[IRIS Response]

I told the wife last night I just want this to be over, it's been the focus of my thoughts, energy, and time over the last 16 months.  I know that is but a nap for many that have been waiting years and years,.

[Opinions]

15 weeks now.... no change

[The more I learn]

I was reading through the unread content this morning and have to admit the collective knowledge of the Hadit community is impressive.  Just when I think I understand a concept someone shares a gem that shows me I have a lot to learn.  T-Bird, I really appreciate this site and your action/dedication to create and grow the community.

[C&P Opine Options]

I was told that there are 5 options for raters to assign or opine on a C&P exam.  Just curious if anyone has ever seen anything other than "at least as likely as not" or "not at least as likely as not"?  My experience is that the Dr or PA choose one of these two.

 

5 Options:

"is due to” (100% sure)

“more likely than not” (> 50%)

“at least as likely as not” (equal to or greater than 50%)

“not at least as likely as not” (< 50%)

“is not due to” (0%)

[TDIU]

Congrats, happy to hear of your success

[Phoenix Hospital Director Update]

Interesting Article, more to the story than I read previously....

http://dailycaller.com/2016/03/02/phoenix-veterans-affairs-hospital-director-pleads-guilty-to-felony/

[IRIS Response]

This has been appearing every week to 10 days and is gone by the end of the day.  I figure the system must somehow Que the examiner when data is due so they will follow-up.

Requested Documents are Past Due

[VA Doctor is alleged killer]

And once again there is no accountability... 

[IRIS Response]

Talon, I had to laugh, I think you may be right, perhaps they think that we will be so relieved when we finally get a response we will consider that in and of itself a "win"

[FDC Days in Process]

I noticed that the Monday morning report says the average number of days to complete a Fully Developed Claim is 118 days and a non-FDC claim is 136 days.  Not so sure these numbers are at all meaningful given the comments on the forum.  Today my FDC is at day #225.  Peggy told me they were waiting for records from another RO and that it could take up to 10 weeks to receive those records.  The VA changed the original 11/18 request date to 12/18 and now it is well past the 10-weeks.

I guess the good thing is I'm sort of numb to the whole game at this point.  Can imagine how my fellow vets feel when they have been in a holding pattern for years.  BTW, I no longer check eBenefits on a daily basis so I have that going for me *smirk*

[How to get C-file]

Yes I am, I'm also waiting on the completion of secondary claims I submitted 222 days ago.  I figure they may be waiting until my claim is completed before they send me the C-File.

[OMG please help me with this mess for NOD hearing this Friday]

2 minutes ago, Buck52 said:

rolling in with your scooter drink on one side and your computer bag on the other  haha  good one Navy4

Heck, she wasn't rolling in, she was driving that thing around like a go-cart as it has a 6 HP Briggs and Stratton engine.

[Feet and Ankle ratings - how are they rated/calculated]

2 minutes ago, green said:

a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

Yes, that is consistent with how I read the section above.

 

 

 

 

[Feet and Ankle ratings - how are they rated/calculated]

§4.26  Bilateral factor.

 

            When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10’s representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.

 

            (a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

 

            (b) The correct procedure when applying the bilateral factor to disabilities affecting both upper extremities and both lower extremities is to combine the ratings of the disabilities affecting the 4 extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, 10 percent of the combined value thus attained.

 

            (c) The bilateral factor is not applicable unless there is partial disability of compensable degree in each of 2 paired extremities, or paired skeletal muscles.