Okichewy1

I thought due to the pyramiding issue, when 2 things fall under the same (digestive system), they are combined and rated with the most severe symptoms? Both IBS (DC 7319) and the fecal incontinence (DC 7332) seem to fall under the digestive system, so wouldn't that be pyramiding if they rated them separately?

Have always thought about this. It would be up to the veteran to submit a new dependency claim to add the dependent, then notify the Va that the dependent is using chapter 35 to stop payment. To me it’s more of a headache, cause you risk overpayments and long back pay times for each claim you submit annually to get 2 months of compensation pay for dependents.

Couple questions with this. 1. Was the first exam listed on the initial decision letter you received in February 2000? 2. How do you know that if the first exam was used, there wouldn't be a need for a second exam in December? The rater could have requested clarification to the first exam (happens a lot) and could warrant a 2nd exam for that. - What this sounds like is you could possibly get a rating increase for 30% for the first month, then a reduction to 10% due to the new medical evidence that only warranted the 10% rating. Good luck! CUE's are hard to prove, but can be done (have done 1 before and won).

So what SMC are you trying to say you should have gotten that would warrant a CUE? That is where I am confused.

From my understanding there isn't a CUE here for IU. Did you apply for IU when you did your claim? There is a form that they send when you meet the criteria for IU (at least I received one with my decision letter packet when I went above 70% a few years ago. It's on the veteran to apply for IU if you feel you meet the criteria.

So when you looked on ebenefits, did you have the 50% rating for the sinusitis and 30% still for Rhinitis? if they changed a rating on you before you filed for the increase, it sounds like they did a CUE on themselves and corrected the error or they CUE'ed themselves and combined the 2 ratings together. The names make it sound like they are in the same rating category and if that is the case, you wouldn't be allowed to have 2 ratings of the same category, the VA would combine and give the higher of the 2.

From what it looks like you were requesting service connection for arthritis of the ankles. The examiner stated that there was no medical evidence to support ankle injuries that would have caused the arthritis during your service. You didn't take the x-rays they had requested for you. You then stated: "I have service treatment records proving the diagnosis of shin splints, stress fractures, posterior tibial syndrome, and issuance of arch supports due to injury from running which started in boot camp and continued throughout my active duty." Question #7, this is a standard question on the DBQ. Just cause they said no, its probably because those medical issues aren't involved with the your ankle. How does shin splints, stress fractures posterior tibial syndrome and arch supports cause arthritis in your ankles? I could see you requesting S/C for those specific diagnoses. If you can provide a medical opinion stating that these issues caused your arthritis in ankles, then that would be the best evidence. Hope it works out for you.

Have you received your denial letter yet? If not then don't jump the gun on what the doctor wrote during your exam. This is only a piece of the puzzle when it comes to a disability rating. Are you S/C for the right knee already through the VA? How much weight have you gained since leaving the military? Have you shown that you changed your diet and such to try and keep the weight off since you have a bad knee? I have a hypothytoidism, a bad knee and a bad shoulder and have gained weight but am slowly losing it with a serious diet plan and more water intake vice soda and juices. I have been in the VA's MOVE program to assist with weight management. Problem is, the C&P exams are for a medical opinion and if the doctor opinioned that your issues could be to obesity and you show weight gain in your records, its a fight.

Usually at the end of the exam there is a Medical Opinion comment. What did that say?

It doesn't sound good in the doctors MO at the end, but this is only one piece of the puzzle. I would go back and talk to the ortho doctor that diagnosed you with shin splints and ask them to write a nexus letter connecting the dots for what you are requesting. Good luck.

Been a while since I posted on here. Well, my CUE claim was finally approved for the EED this past June 2016. It was initially denied after I submitted it, but submitted a NOD in September 2015 and won it that way. It was about 5400.00 in retro pay.

You have to remember that the VBA and VAMC are 2 different organizations within the VA system. When you submit a claim and the VARO gives you an appointment and an exam, that exam is technically part of your claim until the claim is completed. Once the claim is completed you have the right to view it through a FOIA request. I have heard that some VAMC (hospitals) are not uploading the C&P exams because they technically are not part of your medical, they belong to the VARO who is processing the claim. Just my 2 cents.

From what I have learned over the past 6 years, that is the way it has always been, just the policy hasn't been enforced at most RO's. The C&P exam is technically part of your claim, not health records, so technically we shouldn't be able to see the results until the claim is completed. I know that sucks, cause it's nice to get an idea of what the doctor actually is reporting. We have to remember that the C&P doctors are not part of the VAMC, they are part of the RO. I have all my claims done through the Boise RO here in Idaho and I have always been able to see my C&P's a few days later. But I have heard of others stating what you said a couple years ago.

I was just looking through myhealthevet and saw that I am actually rated for Limited Flexion of Motion (DC5260) for 10% and also have Traumatic Arthritis (DC 5010) 10%. They never rated me for my meniscus removal it seems.

Back in 2014 I submitted a NOD for a decision on my knee rating. I was rated 10% for painful motion with arthritis (DC5003) and cartilage, semilunar, removal of, symptomatic (DC5259). From what I have read on here and googling VA stuff, it seems I should of been rated at 10% for arthritis, painful motion and 10% for cartilage removal. Each of those ratings are 10% each which equals 20% in VA Math. I submitted my NOD and just received my SOC back with nothing changed. I also referenced VAOPGCPREC 9-98 that specifically talks about a separate rating for knee with arthritis and painful motion and DC 5259 cartilage removal. Any help would be great on next step (if any). I am waiting on my VSO to reply to me also.