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4wheeler

Seaman
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Posts posted by 4wheeler

  1. Berta,

    Retired from the military on 1DEC14.

    I was on terminal leave for about 5 months, contemplated filing a BDD but spoke with a VA employee who recommended I file FDC the first day I retire. His rationale is that way if I get injured or get treatment, I will have it in my FDC.

    I actually received a substantial blow to my larynx (lost my voice for a few days) just prior to retirement, as well as received treatment during that time for other things, so for me the advice was sound.

    But I want to thank everyone here who contributes, whether words of encouragement, experiences, advice...you all made me successful and I couldn't have done it without you.

    One of the easiest things I learned to do for the rater is to make the search easy. I had a relatively thick medical file (26 years) and for each contention, I had a cover sheet with the applicable medical treatments to make it easy on the rater...they have a lot on their plate so I was trying to decrease the odds of them missing a relevant piece of information and put it in a logical sequence.

    I am not looking into TDIU. I am employed by a very understanding and supportive employer (to include my boss)..if I need time away, they don't ask as long as I get my tasks accomplished.

    Again, thanks for all of the knowledge sharing, encouragement, and opinions. To me, every informed Veteran becomes their best advocate by reading and learning on Hadit. I will put my bet on that Veteran over any VSO or hired gun any day of the week.

  2. Thanks to all of you for being so informative.

    I read and reread many of the posts and decided to be my own advocate...best advice I learned, and I am a huge advocate of.

    Submitted 11 conditions on 1DEC14, which was my retirement date as an FDC. Claim completed 11APR15 (just past the 125 day mark).

    Came out to 92%, rounded down to 90%.

    I will be appealing/asking for reconsideration for the following:

    Awarded 20% for degenerative arthritis of the lumbar spine also claimed as spondylolisthesis. Explanation: "Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees."

    Rationale for disagreeing: During my retirement physical, forward flexion was rated at 30 degrees with a geniometer (sp?). During C+P, PA wanted me to push past initial point of pain until it hurt too much (my mistake, I know) and he eyeballed 60% flexion. Currently on muscle relaxers. Justification of 38CFR3.102

    Awarded 10% for rectal prolapse.

    Explanation: "We have assigned a 10% evaluation for your rectal prolapse based on mild prolapse, occasional moderate leakage."

    Rationale for disagreeing: During my C+P, explained to the PA about frequency of 95% of bowel movements results in prolapse, which I believe meets the higher evaluation of 30% due to frequently recurring - "A higher evaluation of 30% is not warranted for prolapse of rectum unless the evidence shows symptoms are moderate, persistent, or frequently recurring."

    Awarded non-SC for internal hemorrhoids.

    Explanation: "SC for hemorrhoids, internal is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed."

    Rationale for disagreeing: Clinically diagnosed while I was on active duty, noted on retirement physical, continues to occur.

    Awarded non-SC for right and left knee disability.

    Explanation: SC..is denied becasue the medical evidence of record fails to show that this disability has been clinically diagnosed.

    Rationale for disagreeing: Full range of motion, but pain upon bearing weight (no, I am not overweight).

    I will be filing a NOD, and asking for DRO hearing. Comments, recommendations, etc.?

    My ratings:

    70%: PTSD

    21%: Bilateral lower extremity radiculopathy (10% each side)

    50%: Sleep Apnea

    20%: Back

    10%: Rear end blowout (recurrent) - sorry my attempt at a joke at a serious problem

    10%: Tinnitus

    0%: Left elbow arthritis

    0%: Junctional escape rhythm

    0%: right elbow epicondylitis

    No SC: Internal Hemorrhoids

    No SC: Left knee disability

    No SC: Right knee disability

    4wheeler

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