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Andyman73
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Posts posted by Andyman73
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The current rating is 40% for 5002-5295 I believe. But the 5295 no longer exists as a code, it was changed in the mid 2000s. Funny thing is they didn't swap the code with the one that replaced the 5295. And that is for "low back pain/strain" which might also be lumbarosacrial strain...I think. The DDD and Radiculapathy was never claimed, is mentioned in my SMR, and is also mentioned in the MRI report from March of this year.. I think that covers the "new claim and new med evidence" requirement.
I think I will run with that, a new claim for the DDD and for Radiculapathy and see what I get. And just let the whole CUE idea pass on.
Andy
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Buck,
I'm not sure I even know what I'm asking. Lol I guess I want to know if I should persue the CUE angle. Or take a different approach with new claims for the trip D and radiculapthy. Or take a run at both. Like a hamster on a wheel...going nowhere as fast as I can!
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I'm pulling for you all the way! I have my initial MH evil coming in a few weeks, I'm excited and scared out of my mind all at the same time! Feels like I'm about to explode like my body wantsto jump out of my skin!!!
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There's movement at the wire. Got a call from Philly VARO verifying my claim. Lady told me that the claim is being sent on to the AO office in Denver, CO. Which solely handles all AO claims. So...now we wait, some more.
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Strange happenings, I got a call from the Philly VARO this evening. The young lady wanted to verify my current claims. Afterwards I asked her about my bilateral rating. According to her it is a bilateral rating and 2 additional single ratings. So I said what about the 38 CFR regulations? She said that they don't do that. Of course I now know that you don't believe what they say over the phone. Still waiting for the official IRIS response.
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Ok, then that now brings me to a new question regarding same. Even tho I am enjoying the episodes of the radiculapathy, I have no diagnosis. My current rate is 40% for low back strain/pain. And I believe it rests solely on the flexion of 0-20 degrees being 40% rateable. Nothing for anything else. Originally it was 10% from 11-'98. The DDD was noted then, but the radiculapathy was ignored/not persued during original C&P exam. MRI from 03-'15 shows mild to moderate to severe stenosis and or narrowing of the nueral foramina. From the radiologists notes perhaps the DDD and radiculapathy may be my best bet. Could I just go with reopening since it's well within the 1 yr window? Thoughts?
Andy
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How long do we have to file an EED? It never occured to me, not then and only just recently now, that when my original claim for my knees was denied, and then finally accepted as SC 18 months later, that I could have filed for EED. I originally filed in July of '98, before my EAS of Nov of '98. I was SC for 3 contentions from that original group dated as SCD 11/98. But my knees were originally denied, then finally SC in 08/2000. I realize now that I could have and should have filed for EED then. Can I still do that, or is it too late?
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Buck,
Ok, then, would it be more beneficial to persue a DDD claim w/thoracolumbar radiculapathy affecting both lower extremities? I have had issues with that since AD, and it is mentioned more than once in my SMR. My recent increase C&P exam for my back skipped over the radiculapathy section of the DBQ for the back. Since the DDD was first noted from X-rays taken while I was still on AD, therefor making the link to SC, and I was already experiencing sciatica in my L lower extremity at that time. Even tho the examiner told me that the DDD was the more serious ailment, and that the RO should have taken it instead of low back strain/pain, at this point would CUE be too much of a stretch? Would I be more successful in persuing claims for the DDD and radiculapathy instead? Give it to me straight, Buck! Thanks.
Semper Fi.
Andy
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Valhalla0321
Not that my opinion is worth spit, but it seems to me that the examiner thinks that inspite of near daily headaches, and back pain/knee pain, you can do a sitdown job. Hmmm, I can't ever recall having a headache that felt better the more I concentrated on paperwork or computer screens. Seems the examiner is shortshifting your claim.
Semper Fi.
Andy
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Blu,
I know at one time it used to be 20% required for the Voc. Rehab, I have a denial letter for that exact bennie from Jan of '99 stating I did not meet the minimum requirement of 20%. Strangely enough I didn't apply for that. And was in the midst of several claims from my EAS, and either it was just automatic or the benefit counselor put me in for it. A few months later I was SCD 30% dated 11-'98, which would have certainly qualified me for that Voc. Rehab benefit. But didn't know nuthin back then. Sure could have used it to get into a good career field back then, instead of lanquishing in entry level material handling jobs ever since. I couldn't understand how 6yrs AD USMC with honorable discharge got me nothing but entry level no experience neccessary positions. On top of all the mental baggage from AD, this just crushed what ever spirits/ hopes and dreams I had left.
As far as time frames, one of my initial claims took 22 months to clear, eventho I had a dozen entries in my SMR relating to my contention. And just recently I had a few claims that posted Jan '15 and cleared by May '15.
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Where do I look to see what the diagnostic codes actually mean, since they don't use them as the rating codes. I haven't been successful in locating where they breakdown the diagnostic codes and convert them into rating codes.
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I appreciate the warm welcome, Andy, I was on another forum and I got about 5 responses from this same post, all with snide remarks and nothing of value, just trolling. Anyways, I am eager to hear back from the VA. Always disappointed when there's nothing in the mail from them, lol.
According to the VA rep at the hospital, he believes I have about another month to go before a decision is made. But, Ebenefits still says "Gathering Evidence"...This whole process, does it just happen that fast within the last month? My projected completion date is: 5/7 to 7/7, so I'm just wondering how exactly that works.
You will soon learn that ebenefits isn't accurate more than 50% of the time, as far as time lines or what stage your claim is at. I have a few claims in that have been "under review" for several weeks now. Also they a have an estimating completion date of 10/15 - 03/16. And I requested my C-file a month ago, and so I wait for that as well.
As for snide remarks, shouldn't get much of that here, at all. Since most of us are SC Vets, we are all experiencing the VA's standard practice of denial and disdain.
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Ok, Buck, I appreciate your thoughts. I will do that.
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Welcome, bluelotus, to this motley crew of Veterans. We all are in the same boat, which is to say, served our country and then not gotten the respect we earned and deserve. Especially from the VA. I am glad you are seeking treatment. I only just started that for myself, my initial MH evil will be on June 25th. For too many years I didn't know there was anything I could do. I didn't serve during active war time nor suffer any traumatic event. It was only just in the past few months that I learned that my excessive drinking and suicidal thoughts during my AD years were symptoms of anything.
You have joined the best online group for Veterans. No matter what we are here for each other. Some of us here are bottomless pits of knowledge and will help guide you along this journey.
Semper Fi.
Andy
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That's what I've been doing, since day one. Only trying to claim the stuff that actually bothers me. I have not filed one single contention that I am not actually feeling. I also never went to sick call for anything that was a non-issue, either, which is now haunting me. However, I do wish I could actually sit with just one person who could look at my SMR and compare it, with a laundry list of ailments that I do live with everyday.
When I was going through TAPs near the end of my enlistment we were afforded the opportunity to have a face to face with a Benefits counselor. He went through my SMR and found only 3 things he thought were SCDs!!! I actually had to show him where I fell down the stairs on Day 5 of boot camp!
I am struggling mightily just to make an inch of forward motion. Between work, home, wife and kids, I have little precious time to be here with like minded Vets. I even stopped buying newspapers, so I could be on Hadit before work and during break times, just to glean some tiny morsel of info that will point to the next brick on the "yellow brick road". I finally reached out to the MH folks to start that process...it's so hard to keep it all together waiting for that part to get rolling.
Talon, I feel you, can barely imagine your life, but as a fellow Airwinger(KC-130s and CH-53s) I imagine it's time to pull chocks and launch the birds!
Semper Fi!
Andy
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Oops, don't know how I did this.
Anyway, Blackwind, I will be praying for you!
Semper Fi.
Andy
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Rootbeer,
I just made initial contact with the MH dept. so as I get into that program, and file the subsequent cliams, maybe they will see it differently. Only time will tell.
Andy
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Mark,
I may just do that. I would like to get it and digest it as quickly as I can, since I have a few contentions that were denied, and I want to get them reopened/reconsidered ASAP. Also got a few more lined up in the que waiting to be launched as soon as the C-file arrives. Thanks for the tip on the Presidential thing.
Andy
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3 weeks and counting, waiting for my C-file.
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Hang in there bud, and sorry to hear of Blood pressure. I actually have high blood pressure and cholesterol, VA prescribed meds and I have not even filed for SC, cause I sure don't want to rock the boat anymore. God bless
Back in '13 I filed for both hypertension and high cholesterol. Both denied, more than half the bp readings in my SMR are high, to the point they had me do a 3 day bp reading test, where they record your bh sitting standing etc 3 or 4 times a day for 3-4 days. Overall average was 140s over 90s. Denied. Also I noted 3 times in my SMR that they took blood for cholesterol check, and it was high, and noted by tech as such...Denied. My PCP has been treating me for both for 5 years now. He is the one that officially DX me for both.
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How long should I wait before making my next move? It's a 90 minute drive to the VARO. I don't really have the time to make multiple runs down there just to get a few dozen pages at a time. OH, I double checked the date when I did that, I was wrong, it was April 27th, not May 18th. Which was about 28 business days ago.
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Well, don't know if I went about it the right way. On May 18th I was at my local VAMC, speaking with the bennies counselor and asked him about my C-file. He wipped out a form, preprinted with "any and all records pertaining to military service and medical treatment," and he hand wrote, as I watched "to include 100% complete copy of my C-file. Then he time/date stamped it. Told me that he can't say how long, because he don't want to give me any false hope. I believe my VARO is the wonderfully awesome Philly office.
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That is so awesome to hear!!!
To Cue, Or Not To Cue, That Is The Question My Friends.
in CUE Clear and Unmistakable Error
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Thanks, Buck, I appreciate it.
Semper Fi.
Andy