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Brave and the Bold

Seaman
  • Posts

    5
  • Joined

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About Brave and the Bold

  • Birthday 07/23/1969

Previous Fields

  • Service Connected Disability
    70%
  • Branch of Service
    SSG E-6 / U.S. Army

Brave and the Bold's Achievements

  1. https://www.gpo.gov/fdsys/granule/CFR-2011-title38-vol1/CFR-2011-title38-vol1-sec3-157 I just scrolled down the page and clicked onto the link.
  2. "The purpose of § 3.157(b)(1) is to avoid requiring a veteran to file a formal claim for an increased disability rating where the veteran's disability is already service connected and the findings of a VA report of examination or hospitalization demonstrate that the disability has worsened. Massie v. Shinseki, 25 Vet. App. 123, 132 (2011)." Vync and Buck52 In May of 1994 I was awarded 10% under the general rating scale for ROM lumbar and 20% for radiculopathy lower left extremity. In November 2014 I was assigned a 60% evaluation under diagnostic code 5243 for intervertebral disc syndrome based on incapacitating episodes. I was also assigned a seperate compensable evaluation for left lower extremity lumbar spine radiculopathy of 20%. These two ratings along with another rating of 10% for tenitus brought a combined evaluation of 70%.After a recent C&P Feb 24th of this year(2016) I had a combined ROM of 80* as well as moderate/severe radiculopathy in my left leg and moderate radiculopathy in my right leg. I again had a 60% evaluation under diagnostic code 5243 based on incapacitating episodes due to 3 recent lumbar minor surgeries. My combined rating was continued at the 70%. My VSO noted that the right radiculopathy was never mentioned in the Decision Letter. We submitted VA 21-526EZ on April 18, 2016 as well as VA 21-4138. So if I'm understanding this correctly, is this 38 CFR 3.157 (b) saying being that my original date of disability was actually in 94 and this disability has progressively gotten worse both in ROM and now Bi-lateral radiculopathy, that I SHOULD be eligible for the SEPARATE rating of the Bi-lateral radiculopathy and that wouldn't be considered PYRAMIDING?
  3. Well it definitely looks to me that the VA is making the right call on this based on the information gs106 provided. Damn. I also agree with Meddac as well that this would potentially lead to me losing a service connection for the bi-lateral radiculopathy upon future re-eval. I do see that while all noted under IVDS for Incapacitating Episodes in my letter it does also include in there in writing bi-lateral radiculopathy. I also received a qualifying letter for Service-Disabled Life Insurance based on the assignment of a new service-connected disability for the right lower extremity radiculopathy. I'm praying that I don't need any more surgeries in the future that would lay me out again, but if upon re-eval in the future if evaluated under the general rating schedule even if at that time I don't have any radiculopathy issues, would the prior bi-lateral at least be reflected as a 0% service connection? That would be my concern. I'm not all tore up over a reduction in compensation. I'm just concerned about losing a previously service connected disability. I guess I just have to wait a few years and see what happens. I'm not getting any younger though.
  4. Proposal to reduce combined rating from 70% to 60% Wanted to see if anyone has ever heard of the VA "proposing to discontinue the separate compensable evaluation for radiculopathy, left lower extremity currently evaluated as 20 percent disabling and combine the radiculopathy, left lower extremity with the disability of degenerative disc disease of the lumbar spine under diagnostic code 5243 and assign a single evaluation" A brief summary is as follows. In November 2014 I was assigned a 60% evaluation under diagnostic code 5243 for intervertebral disc syndrome based on incapacitating episodes. I was also assigned a seperate compensable evaluation for left lower extremity lumbar spine radiculopathy of 20%. These two ratings along with another rating of 10% for tenitus brought a combined evaluation of 70%. After a recent C&P Feb 24th of this year(2016) I had a combined ROM of 80* as well as moderate/severe radiculopathy in my left leg and moderate radiculopathy in my right leg. I again had a 60% evaluation under diagnostic code 5243 based on incapacitating episodes due to 3 recent lumbar minor surgeries. My combined rating was continued at the 70%. My VSO noted that the right radiculopathy was never mentioned in the Decision Letter. We submitted VA 21-526EZ on April 18, 2016 as well as VA 21-4138. Today I recieved a Decision Letter with the proposed discontinuence of the seperate evaluation for radiculopathy in the left extremity currently evaluated as 20% disabling and combine the radiculopathy with the DDD under diagnostic code 5243 and assign a single evaluation. I was granted service connection for right extremity radiculopathy wich was also comined with the DDD under diagnostic code 5243 and assigned a single evaluation of 60%. Per the VA they stated the following reason for their decision as, "When an evaluation is assigned under diagnostic code 5243 for Intervertebral Disc Syndrfome based on incapacitating episodes regulation prohibit the assignment of seperate compensable evaluations for objective neurologic abnormalities to include radiculopathy of the lower extremities. The result of this proposal would reduce your combined evaluation from 70% to 60%." So now I have a rating of DDD with Bi-lateral radiculopathy all under a single evaluation. Everything that I have read and researched states the complete opposite. It clearly states that if rating under diagnostic code 5243 consider the assignment of seperate compensable evaluations for objective neurologic abnormalities. Even with the VA fuzzy math I can't understand how I didn't recieve an increase rather then a decrease in combined rating. What should I do now to dispute this or am I wrong in what I'm understanding? Is the VA actually right in their decision? Thanks in advance for any help you may be able to give Darren
  5. Lead [-] Proposal to reduce combined rating from 70% to 60% Wanted to see if anyone has ever heard of the VA "proposing to discontinue the separate compensable evaluation for radiculopathy, left lower extremity currently evaluated as 20 percent disabling and combine the radiculopathy, left lower extremity with the disability of degenerative disc disease of the lumbar spine under diagnostic code 5243 and assign a single evaluation" A brief summary is as follows. In November 2014 I was assigned a 60% evaluation under diagnostic code 5243 for intervertebral disc syndrome based on incapacitating episodes. I was also assigned a separate compensable evaluation for left lower extremity lumbar spine radiculopathy of 20%. These two ratings along with another rating of 10% for tinnitus brought a combined evaluation of 70%. After a recent C&P Feb 24th of this year(2016) I had a combined ROM of 80* as well as moderate/severe radiculopathy in my left leg and moderate radiculopathy in my right leg. I again had a 60% evaluation under diagnostic code 5243 based on incapacitating episodes due to 3 recent lumbar minor surgeries. My combined rating was continued at the 70%. My VSO noted that the right radiculopathy was never mentioned in the Decision Letter. We submitted VA 21-526EZ on April 18, 2016 as well as VA 21-4138. Today I received a Decision Letter with the proposed discontinuance of the separate evaluation for radiculopathy in the left extremity currently evaluated as 20% disabling and combine the radiculopathy with the DDD under diagnostic code 5243 and assign a single evaluation. I was granted service connection for right extremity radiculopathy which was also combined with the DDD under diagnostic code 5243 and assigned a single evaluation of 60%. Per the VA they stated the following reason for their decision as, "When an evaluation is assigned under diagnostic code 5243 for Inter-vertebral Disc Syndrome based on incapacitating episodes regulation prohibit the assignment of separate compensable evaluations for objective neurologic abnormalities to include radiculopathy of the lower extremities. The result of this proposal would reduce your combined evaluation from 70% to 60%." So now I have a rating of DDD with Bi-lateral radiculopathy all under a single evaluation. Everything that I have read and researched states the complete opposite. It clearly states that if rating under diagnostic code 5243 consider the assignment of seperate compensable evaluations for objective neurologic abnormalities. Even with the VA fuzzy math I can't understand how I didn't recieve an increase rather then a decrease in combined rating. What should I do now to dispute this or am I wrong in what I'm understanding? Is the VA actually right in their decision? Thanks in advance for any help you may be able to give Darren
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