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.

This sounds exactly like my case. I went to a C&P exam with a contract doctor, he never wrote anything about my MOS and what I did in the Marines, VA denied the tinnitus claim. Finally reopened the claim, same evidence, but VA did a new exam (this time with a VA doctor). As soon as he found out I was a heavy equipment operator and shot a variety of weapons over 20 years, he was like YES, at least as likely as not to it being connected. VA miraculously approved that claim. Keep fighting and good luck...

Just had this done and approved. I claimed anxiety and depression due to chronic pain in my knee and shoulder (both S/C). I started seeing a LCSW (Licensed Clinical Social Worker) after my Primary care doctor stated that I had anxiety. The LCWS said I had depression and anxiety due to medical issues and chronic pain. I submitted my claim, had to do a MH C&P exam. Was approved for 30% for Somatic Symptom Disorder (Formerly Chronic Pain Syndrome). If you feel you have depression due to your pain, get it checked out and then go from there.

So, from what I have read and researched about this. You get 13 months of Temp 100% convalescence after the surgery. Then, the VA will re-evaluate the knee and minimum is 30%, but If there is weakness and severe pain with motion, then it is rated 60%. Good luck with surgery. Make sure you file a claim for the 100% temp convalescence as soon as you have the surgery.

So as of 13 August, 2015 my claim with the CUE in it is at Pending Decision Approval phase and should be completed within the month. Lets hope for my CUE to get approved. Will update when I get the decision letter.

Just waiting on claim now, it has been in preparation for decision since 16 June, but my CUE was added to my existing claim and that one had about 20 different contentions on it. When they finally received the CUE claim, it only took them about a week and a half to go from gathering of evidence to preparation for decision again. Will post decision when completed.

Update:: My CUE claim and temp claim were added to my current disability claim. My disability claim I had 2 C&Ps done with the key contentions having good outcomes of the exams and others were completely not related to service (I can understand some of them being this way). About 2 weeks after my exams, it moved to preparation for decision and then a couple days later moved back to gathering of evidence. Playing the waiting game now.

Cool little town there, used to live right down the road in Levittown. Wish I still did with a doctor that is willing to help out the Veterans like this.

My CUE Claim was just added to my current disability claim about a week ago. I sent it in back in March (VSO has scan receipt), but for some reason the VA didn't get it. Now just waiting, since this CUE claim and my recent 100% temp convalescence claim for surgery are the only things left to sort out with my current claim. My claim was at preparation for decision when they received my CUE claim, now it is back to gathering of evidence.

I also had 2 C&P exams done in April and May this year. Same happened here and with others that have asked about them. They seem to not be posting them on MyHealtheVet recently. I was able to get copies from the clinic front desk, but not off MyHealtheVet. All the other exams that I have had from January 2015 and previous are in there. My claim went to Preparation for Decision about 2 weeks after the exams, but then was kicked back to Gathering of Evidence because I submitted my post surgery information and a CUE claim for an EED. That was almost a month ago and no movement which sucks cause the C&P exams were favorable to me with an increase.

Had a MH C&P for depression and anxiety due to chronic pain. Was wondering what anyone thought it may equate too? I was thinking S/C at 10 or 30%. The claim is in Prep for Decision stage now. This is what the doctor wrote for her MO: 1. Diagnosis Mental disorder diagnosis #1: Somatic symptom disorder (formerly known as Chronic Pain disorder) Comments: with predominant pain 3. Occupational and Social impairment Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational task only during periods of significant stress, or; symptoms controlled by medication Medical Opinion: It is felt with a reasonable degree of medical certainty that the veteran has somatic symptom disorder with predominant pain associated with chronic right knee and shoulder pain. He has a persistently high level of anxiety about his health and chronic pain symptoms and has spent a lot of time and energy devoted to these health concerns. The state of being symptomatic is persistent (greater than 6 months). His symptoms of chronic pain are distressing and have resulted in significant disruption in his daily life including but not limited to, sleep, pleasurable activities, concentration and mood.