paulcolrain

202-530-9470 ??? what is this number exactly ? my VA account was suspended . i called 800 # on friday and was assured it would be fixed by Tuesday.. lol.. anyway here we are noon on Wednesday. the main issue is they are holding my big retro till it gets unsuspected... yeah its frustrating.

get the appeal going with the BVA take some time and get some money together for a good IMO be ready to hand the new IMO to judge. file for hardship advancement on docket if you can..

putonhaveit.docxputonhaveit.docx

so im a lil confused because, C + P exam shows hip can only flex to 35 degr with pain and the RO granted 10% stated next of 20% cant be given because i didnt meet threshold of 30 deg only..... now in the C+ P Exam it clearly states that ROM of hip is decreased with pain to 35Deg,,,, after repetitive movement the Dr. said it goes to 30 degrees with pain and fatigue as functional loss.... so Question on If the range of motion measurements are worse when a joint is used repeatedly (Deluca), or if the examiner determines range of motion measurements are worse during flare-ups (Mitchell), the VA examination will reflect the additional loss of function.. am i to assume that the RO rater just didnt fully read my exam OR by him stating that he took it into consideration but didnt find anything,,,,, that means im wrong on FUNCTIONAL LOSS ARGUMENT?????

bronco you have been there for me in all the questions i have needed so,,, i by no means am an expert but ive spent last 7 years looking at past bva decisions regarding eed. and i think ours are similar. look at this post i got when are you NOT in appeal status? the reason i say look at is because,,, in 2004 they couldnt find any at all STRs... then all of a sudden they found them in 2009.... my latest bva award gave me back till 2004 but the ro still insitsts 2009 cus in there records it shows i claimed reopen/ increase.... i never did.... they just found records then awarded and any correspondence i gave to them after was recorded as wanting increase not recorded as argument for initial grant of service. dont forget the concept of KISS.....( KEEP IT SIMPLE STUPID) LOOK INTO YOUR RECORDS AND FIND THE ANSWER...

YES ALL WHEN I GET THE RO AWARD I WILL POST..

FROM A LAYMAN'S POINT OF VIEW ILL JUST SAY THIS,,, TRUTH IS UNFORTUNATE. YOU NEED TO LOOK BACKWARDS ON EVERYTHING... I ASKED DOC ONCE IF HE THOUGHT MY HIPS ARE SERVICE CONNECTED.. DOC REPLIED ,, WELL IM NOT SURE, WITHOUT MEDICAL EVIDENCE THAT WOULD BE HARD TO STATE SO I CANT GIVE YOU A LETTER OTHERWISE.... I REPLIED ,,, WELL DOC, DIDNT YOU JUST ADMIT THAT YOU CANT SAY DEFINITIVE? ANOTHER WORDS DOC CAN YOU SAY MY HIPS ARE NOT SERVICE CONNECTED? TO WHICH HE REPLIED,,, NO I CANT. IT WAS A VA DOC AND HE WROTE THE LETTER OF 50% YES/NO..... BUT THAT STILL WASNT ENOUGH FOR THE NEXUS I NEEDED TO SPEND THE 5K AND GET THE IMO BUT IT WAS WORTH IT ALL CUS AFTER 8 YEARS I WON IT.

just checked ebenefits... so happy folks yes they low balled me but i have evidence to increase but... at the moment im 80% and my hips got rated back to 2009 when service treatment records found by VA. 5251,5252,5253 bilateral yes so happy and in God be the Glory!!! so happy and this is all of a sudden moving great!!!

well i did get the answer on ebenefits this morning.. :):) yes all 3 codes got rated and bilateral.. yeah im finally 80%

but, this old BVA claim reads different... Moreover, separate evaluations under Diagnostic Codes 5251, 5252, and 5253 are not appropriate because of the rule against pyramiding. 38 C.F.R. § 4.14. A claimant may not be compensated twice for the same symptomatology, as "such a result would overcompensate the claimant for the actual impairment of his earning capacity." See Brady v. Brown, 4 Vet. App. at 206. The 30 percent disability rating assigned under DC 5255 for a marked hip disability contemplates limitation of motion of the left hip. See VAOPGCPREC 23-97 (July 1, 1997).

so during my last c + p exam The Dr. stated that my range of motion has met the criteria for 5251, and 5252, and 5253. now this page says it is lawful to be rated under all these 3 codes. http://www.militarydisabilitymadeeasy.com/hipandthigh.html All three of these codes for limited hip motion CAN be used together. So if the hip is limited in flexion, extension and abduction, then it can be rated three times, once under code 5251, once under code 5252, and once under code 5253. Each code can only be used once, however, so if the hip is limited in abduction and adduction, both are rated under the same code (5253) and so two ratings cannot be given.

thank you Bronco for your advice. and by the way,, CONGRATS ON YOUR BVA WIN. KEEP UP THE FIGHT FOR THE OTHER 2/3. ILL post here again when the actual BVA letter comes.. i might have jumped the Gun again... i also wanted to add this tid bit of thought for both our appeals on eed. (q) New and material evidence (§3.156) other than service department records. (1) Received within appeal period or prior to appellate decision. The effective date will be as though the former decision had not been rendered. See §§20.1103, 20.1104 and 20.1304(b)(1) of this chapter. ( begs the question, what if the new material evid was STrs and found after years by the ARMY) (2) Received after final disallowance. Date of receipt of new claim or date entitlement arose, whichever is later.

so my question is about time frame of appeal status. i understand that you have 1 year from decision to file a NOD. Please follow chronology: Nov. 2009 STRs are found after 5 years and initial grant of SC Awarded. February 2010 Boston Varo gets letter that Vet no longer lives at address on file please send to San Diego VARO. March 2010 San Diego VARO sets up a C + P for increase of the New Awarded SC. September 2010 Decision mailed and vet replied/sent NOD. December 2010 San Diego VARO sends letter saying that because of records recent found they are going to do an in house dro. Aug 2011 denied. Aug 2011 vet sends another nod with new and material evidence. Feb 2012 Varo sends denial again and says they are denying a reopend claim.... no mention of my appeal status may 2012 Vet asks for clarification and sends another nod. may 2013 Varo sends denial of reopend claim again and no mention of it being on appeal. Sept 2013 Form 9 is Signed and off to the BVA Aug 2017 BVA decision. so, was i always in appeal status or ?

THANK YOU BERTA SOO VERY MUCH. I ALSO WANT TO ADD THAT I DID GET AN IMO FOR MY HIPS FROM DR. DAVID ANAISE AND IT WAS AWESOME! WHEN I GET THE ACTUAL LETTER DECISION I WILL POST!!!

ok folks another update!! IN THE GLORY OF GOD AND THE HELP OF ALL OF YOU HERE ON HADIT,,,,, I WON THE BATTLE AND WAS GRANTED SC FOR BILAT HIPS. REMAND FOR NEW C+P ON RADICULOPATHY INCREASE.. MY VSO LEFT MESSAGE I DO NOT HAVE LETTER YET!!! IM JUST EXTREMELY BEYOND MY EXCITEMENT RIGHT NOW

ON THIS QUESTION,,, DO VETS HAVE TO WAIT FOR THE GRANTED PORTION TO BE PAID TO THEM ? LIKE, NOTHING CAN BE DONE ON GRANT/AWARD UNTIL A REMAND IS COMPLETED OR CAN varo DO THE GRANTS WHILE WORKING ON THE SEPARATE REMAND?

the best suggestion i could give you friend would be to first post your Docket#.. reason is the BVA decides in docket number order.

very true R3,, Very True.... got to get back to my hobbies of building computers and just have fun with it and let the letter come! :)

so today ,,, ebenefits says my appeal has been Remanded.. maybe thats good? customer service says that they cant tell me anything??? my problem is, i have 4 contentions im obviously wondering now if ALL 4 REMANDED OR JUST 1 OR WHAT??? ANY HELP I WOULD APPRECIATE.

R3dneck,, i know what you mean now,,, yes usually when veterans go through the NOD process they are in an appeal Phase and the appeal is still at the RO level. My appeal has gone above that Phase to the BVA court phase so then they make decisions and send back to RO for action. im hoping for GOOD News in a BIG Brown Envelope

no letters yet .. i hear i got to wait 10-14 days for final word