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ShuMan

First Class Petty Officer
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  1. Like
    ShuMan reacted to Vync in C&P--If ROM is outside of normal range??   
    Here's my take on your lumbar exam:
    Based on these parts of your exam, it seems they have examined you on a good day. The only parts showing an ROM deficit was forward flexion and left/right lateral rotation. It looks like they probably did only X-rays, which didn't show anything. A CAT scan or MRI can show a whole lot more than an X-ray, which typically to showing bones alignment, vertebrae narrowing, and arthritis.
    If you were to be SC for this, it looks like a 10% or 20% based on the bold "or's" I highlighted below. However, the examiner would need to opine that your spine condition was "at least as likely as not" or 50/50% due to documented in-service injuries.
    If you can get your doctor to opine in your favor, it can help. Most doc's will be hesitant because they did not treat you in service. That's where the "at least as likely as not" or 50/50% comes in. If you can get a spine specialist (orthopedic doc, neurologist, or chiropractor), their opinion can carry more weight than a generic MD.
    Here's the rating criteria: http://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKC/PART4/S4_73.doc
     
     
     
     
     
  2. Like
    ShuMan reacted to Vync in Sinusitis C&P   
    Reddit will probably answer separately, but if they come back with 0%, collect your evidence and (preferable) a strong IMO in your favor, and file a reconsideration. The raters are supposed to take another look. It is not an appeal, but I believe you have a year to file a formal appeal. If they don't approve you, then make sure you file an appeal/NOD before your time runs out. This will preserve your original effective date and any retro you might receive for initial or an increased combined rating. Read the documentation they send you if you are not satisfied with their decision.
  3. Like
    ShuMan got a reaction from Andyman73 in Sinusitis C&P   
    Reddit,
    Good thinking on the DBQ, I did that for my back and migraines. I have some extra evidence and will fight this one. What should be the next step when they come back with a SC 0%?
    Andyman73,
    Good luck Brother!
  4. Like
    ShuMan reacted to Vync in Shoulder impingement syndrome C&P thoughts?   
    It looks possible that you might be able to get a 20% rating for your right shoulder due to limited ROM. The values I highlighted above show significantly limited ROM. It appears that the impingement in your joint is causing this. Even though you were positive for a couple of the tests, those tests are likely used to help identify the specific body parts causing the problem. However, the rating criteria will most likely be based on ROM.
    Here's the link to the shoulder rating criteria: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5
  5. Like
    ShuMan reacted to Vync in Sinusitis C&P   
    Also, before you go to the exam, consider stopping the sinus/allergy medications a day or two ahead of time. They mask the underlying problem. You want the VA to see how bad the problem can be, not how well your medication works.
  6. Like
    ShuMan reacted to Reddit in Sinusitis C&P   
    In the future if you can, every time you think that you are coming down with a sinus infection get to a doctor, whether it is VA or private, and get it on records, then when you have your prescription fill, keep a copy of the prescription and or empty bottle. 
    You only need to have one sinus infection per year with antibiotics, and or six or more non-incapacitate sinus infection treated over the counter meds.
    PEOPLE HAVE SAID IT HERE MANY TIMES.,   READ THE DBQ BEFORE GOING TO THE C&P EXAM., IF WILL HELP YOU A LOT.  
    I think you only would get service connected at 0%., but that would be good then come back with the evidence.
  7. Like
    ShuMan reacted to Navy04 in Thoughts on this headache/Migraine C&P exam.   
    Looks like 30% to me bud. Good luck and keep us posted
  8. Like
    ShuMan reacted to USAF-Vet in Thoughts on this headache/Migraine C&P exam.   
    Dang, I have migraines every day....have for years since my nose was fractured on Active duty in 87. Doesn't help that I also have a herniated cervical C-6 with bone spur into nerve root.
    Low grade ones I can tolerate, when they reach 7+....oh boy time for lights out, ice pack on face, in bed and load up on meds. I get those bad boys in storms of 5-7 day runs about twice a month on average.
  9. Like
    ShuMan reacted to USMC_VET in Thoughts on this headache/Migraine C&P exam.   
    30%.
    You will need to have "severe economic adaptability" due to prostrating attacks, ie losing a job due tardiness or calling in sick, or working part time when you were full time.  But you have a solid 30%
  10. Like
    ShuMan reacted to Vync in Sinusitis C&P   
    It's not uncommon for you to verbally indicate having 5-6 non-incapacitating episodes, but not all docs write everything down. If you have medical visits showing this, it can help to counter it. Even though those are last years medical records, they might be worth it because you likely filed your claim within a year or two. If you can show consistent occurrences, the VA might consider this a pattern. In my case, I went back five years and showed every time I went to the doc in the box for sinus problems. I made a quick list showing which dates, doctors, diagnosis, and medications/injections/etc. If you give them a nice laundry list, backed up by evidence, it can help show that the problem is chronic. The mere word 'chronic' is a headache. If you show something happening on an average basis, it can help. If you have a good relationship with your current doctor, it might be worth it asking them to note that you have chronic sinusitis and have been treated on average X times a year by them. It can help.
  11. Like
    ShuMan reacted to Vync in Sinusitis C&P   
    In my opinion, from what I read, it does not look promising. Based on what the C&P doc X'd off, they said you have non-chronic ethmoid sinusitis with two (2) non-incapacitating episodes within the last twelve months. The "non-chronic" and not having 3+ non-incapacitating episodes is the downer here.
    Direct service connection will require proof of having the condition in service, proof you have it now, plus a doctor's IMO/nexus stating it is at minimum "least as likely as not" or 50/50% chance or better that it is due to your service.
    It said they based the findings on your service treatment records and VAMC treatment records. It explicitly stated they did not have your claims file for review. If you happen to have other records showing otherwise, it could help turn this around. If you sent in some doc in the box records, but they ignored them, I would contest it. I had this happen where they did their own exam and denied me for "not being chronic", but the evidence showing the long history of chronic sinus problems was sitting in my my claims file. Once I got them to take a look at it, they changed their tune.
    Additionally, I noticed it mentioned you were treated in the service for allergic rhinitis. If that is still a problem, it could be another avenue, but it based on polyps, deviated septum/nasal blockage.
    Here's the rating criteria for Sinusitis: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5
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