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slowhand197
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Posts posted by slowhand197
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Berta,
Thanks for the info I my need him for cue or SSI
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Thanks Pete if it was not for you guys it would never have happened I can not say enough good things about you guys
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I just got a call from the DAV(that don't happen often) I have been approved for sleep apnea as secondary to SC Conditions(not sure which ones yet will let all know once I get the letter. Would like to thank the whole board again for all your help I would be lost with out you guys
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I posted about this before but after talking to my DAV agent I just want to make sure I understand the dam CFR. I am getting a temp 100% for hip replacement and also have about 75% in other disabilities none of them are for blindness or loss of food or anything else.
The way I read the CFR anyone with 100% and other disabilities totaling 60% or more automaticlly qualifies for SMC-S. I argued with the DAV for 15 minutes and she still said I have to be blind or missing a foot leg or something else. She sounded like she new what she was talking about. Now I wonder if I got it wrong or misunderstood the answers I got from this website. Sorry but I can not think too well sometimes. I hope one of the experts here can let me know if she is correct or am I
Thanks :)
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Big Papa
Thanks for the cfr info it will come in handy in case the VA forgets to give me the S
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Pete,
I hope you win and get what they owe you. there are too many of us that get screwed
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can a veteran with 100% for one disability and a combination of 70% for a few other disabilities get SMC-S. Are there any other requirements or is it automatic?
Thanks
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I was in Le Jeune in 1967 and 1968. I got a letter from a law firm about the water. I was going to fill it out and send it back until I took a look at the terms. It said I would be responsible for any associated cost if they lost so I through it out. Maybe I read it wrong but why take a chance
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Hoppy,
Thanks for the response. My first problem documented in the service was in ITR (pneumonia) 1964 and there were a few problems every year I was in the service I would assume that would make it chronic. But what gets me is the flat out lied on my decision stating there were no lung problems when if fact this year the said there was on my exit exam. My so said it will be a thought one to win but I have been told that before and proved them wrong I hope I can do it again. I guess they realy do lie
Thanks again
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I was just awarded 30% for Asthma (COPD) in the decision it states “Service Medical Records from September 1, 1964 through September 6, 1968, note multiple treatment entries for recurrent respiratory infections with scattered inspiratory wheezes of the lungs noted on discharge examination dated September 3, 1968.I had a C&P this time that showed I should be rated at 30% for Asthma
I filed a claim in 9/18/1969 for a chest condition and it was denied reason stated ”not shown on last examination”. No C&P exam was ordered for this decision. I never appealed this decision as I felt if it was not shown on my exit exam I could not win
I have had problems from the day I left the service with my breathing but can not remember all the different doctors I have been treated by (never thought I would need there records). I have been treated at the VA many years ago for breathing problem.
This misstatement (exact wording from the dicisions) has really screwed me. If I knew then what I have learned form this board I would have corrected this problem 40 years ago. Could this be considered a clear and unmistakable error case for earlier effective date or do I just get screwed out of 40 years of compensation? anything I can DO
Sorry for the long post
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Hi Windy,
I had my Hip replaced and my Doctor (not from the VA) sent me to PT. PT gave me a home program to do for my new hip along with seeing them 2-3 times a week. I am doing the exercises at home 3-4 times a day.
Bob
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Thanks Rick,
now I have to figure if its worth it to NOD it. They said it was not from the service but thats not what I put in for. I put in for secondary service connection with a not to good acnexis letter from my doctor.
You will receive one combined rating usually under the more serious condition.Title 38:
§4.96 Special provisions regarding evaluation of respiratory conditions.
(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.
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I have a 30% SC rating for Asthma. I filed a claim for sleep apnea will they just give me 50% for apnea and 0 for Asthma as they are both one system or will they add them together??
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My VAMC (San Francisco) sent me to a civilian hospital with a Sleep Disorders Center. Got there at 7 PM and spent
the night wired up to a couple of machines. While I slept they checked my blood O2, CO2, etc. Woke me once to
fit a PAP machine, then played with its settings until I had maximum O2 during sleep. Except for the PAP fitting, I
didn't know squat. I just slept. I was out of there about 7:30 in the morning. Diagnosis? Severe sleep apnea!
Based on the medical data you have now, ask your primary to set you up with a sleep study. And good luck!
Ralph
OBJEE
I have had a sleep study done by my private ins co. I don''t know if the VA has a sleep lab. I have severe sleep apnea 65 episodes per hour. Thanks for the info
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Slowhand197,
a new thought. (seems like we have a lot in common) I am rated 60% for DDD. When you think about it this condition can contribute to a weight gain as well. Because DDD causes a lot of pain and limitation of motion, who wants to exercise when you hurt all the time. I don't know maybe I'm pushing it a little, but it doesn't hurt to consider all possbilities.....
Rick,
That is what me doctor put down that I could not exercise so I gained weight. I think I will go back to him and ask him to elabotrate on the connection for apnea weight gain and ashma. Thanks for the help
Bob
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Are your orthopedic problems service connected? If the are then you can submit the claim as secondary. I have Asthma and COPD, I also have a serious weight problems mainly because of being on steroids for 2-3 years. It is possible the asthma or the asthma medications also contributed to the weight gain. Talk to your doctor or do a goggle search "asthma and weight gain" might be surprised what you find. You could also ask another doctor what they think about the sleep apnea's relation to asthma, I never take the word of one doctor....
Best of luck....
I have 40%ddd 30%asthma 10,20,10 hips knee 30% depression 10% Tinnunitus 0% HEARING All service connected or secondary. Most days its a project to get out of bed but I have to work full time for the health insurance for my wife she has MS. I just hope they don't reduce me if I NOD the apnea. Thanks for the advise I never thought of looking for the asthma weight gain tie in. It never fails I always learn something here. If there is ever anything I can do for you guys let me know :P
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Slowhand197,
The first thing you should do is submit your NOD and ask for a De Novo review.
Is there anything in your active duty medical records indicating sleep apnea? If there is be sure to highlight this information when you perfect the appeal.
The second thing you should do is go to your doctor and request a NEXUS statement. That is ask your doctor to write a statement indicating that the sleep apnea is secondary to the Asthma. ( If the doctor doesn't feel this way, I am not sure how you would get it service connected. ) Once you get this letter perfect your appeal and get the new evidence into the VA regional office.
Title 38 reads:
The Respiratory System
§ 4.96 Special provisions regarding evaluation of respiratory conditions.
(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90–493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.
Asthma and sleep apnea would likely be rated together as one medical issue. If the apnea is granted service connection at 50% then it is likely that the rating would read: 6847 Sleep apnea with asthma 50%. This is because the VA is obligated to grant the veteran the higher of two awards.It is also possible for the rating to be elevated to 100% depending on the severity of the two conditions.
Here is the va form for nexus statements used by va doctors, (it is not really necessary)
hope this answers your quetions
Thanks Rick, I kind of figured that was the case but now I know what the deal is. When I first put in my claim my regular doctor said the apnea was caused by weight gain because of my orthopedic problems but did not explain his diagnosis well enough for the VA. But on the C&P the VA doctor avoided the apnea subject altogether(he was a real piece of work). I just have to figure out if its worth going through an NOD for 20% and open the bag of worms again.
Again thanks you guys are great.
Bob
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Just a note to all on this site you have helped me go from 40% to 90% because of what I learned here I can not thank you all enough.
I put in a claim for sleep apnea and asthma the asthma was approved at 30% the sleep apnea was denied. If I file an NOD and get sleep apnea SC rating (50% I am on a bipac machine) will that reduce my asthma as they are the same respritory system I think or will they add it to the asthma rating. Any info would be appreciated
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otey2171
Hi wife has had MS for 33 years diagnosed when she was 21 she is now 55 but don't tell her I told you. She also had a reaction to copaxin and stoped taking it. She has been on Betaseron for 5 years and if I did not push her to take it she would stop. The side effects she has fever chills its like having the flu also makes her real tired. The shots are every other day subcutanis (just like diabetic shots just under the skin) She recomends taking them at night. She just about recovers from one shot and its time for the next one. It is not something you want to take on a maybe diagnoses. I am not a doctor but her nero teaches at Tufts and Harvard and is one of the few doctors I have any respect for at all and he can see the leasions on her MRI. I wish I could give you better news but MS sucks. :P
Bob
I mentioned that I was recently given 80% IU T&P, 70% for depression, 30% gerd, 30% IBS, 10% shoulder, 10% ankle. I've been having neurological problems for the last 8 years. I've seen 3 different neurologists 2 civilian and 1 VA. They all have said it looks like multiple sclerosis but with out a positive MRI of spinal tap they can't give me a definite diagnoses. Last week the VA neurologist called me at home and said she is giving me a diagnoses of "probable ms" and recommended me start the ms drug betaseron. I see one of the major side effects of Betaseron is depression. I'm kind of reluctant to start betaseron and worsen my depression.Has anyone out there taken betaseron for ms and what side effects did you suffer?
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nlualum82
Just curious what kind of injury did you have to your left knee? If I’m not being to nosey. I have 10% for my right knee for a meniscus scar (removed a piece) and also have arthritis but they did not rate me for it. Just submitted a NOD on it hoping to get them to give me another 10% for arthritis
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Thanks for the info it was very helpfull I am going to NOD it and see what happens. All I have to do now is live long enought for all my appeals to be remanded and looked at again
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I have just been rated for my hips and knee. I sent in a NOD to increase my rating for my hips which was denied. That issue I will appeal. I have not sent in a NOD for my knee and would like to know if I can send in a NOD for that issue even though it is on the same rating decision as the hips. I hope this makes sense to you guys sometimes I don't express myself well.
Anybody know if it can be done?
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I believe the VA has rated my hips and Knee by x-ray findings only because my range of motion they say is normal. Does that mean the incapacitating exacerbations will be used?
With X-ray evidence of involvement of 2 or more major joints
or 2 or more minor joint groups, with occasional incapacitating
exacerbations 20
There is another potential problem with the incapacitating episodes. My doctor wrights notes that I should be out of work for a certain amount of time but in another one of my claims the VA said those letters were not valid. I guess because he did not put “stay in bed “like what the hell else can I do if I can’t work.
The knee and one of my hips also have tears one has been fixed and one I get operated on next week. Can arthritis be rated separately from tears as long as the rating is not for LOM they are different problems
The more I reed about this stuff the more confused I get thanks for the help
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I want to thank all of you for the information you have supplied. It has been a great help for me to try understand this complicated VA stuff. I
I am rated 40% DDD for my back 10% R Hip 10% LHip 10% R Knee. I filed a NOD on my hip claim because the doctor just told my I should have a hip replacement because of the arthritis. He also thinks there is a significant tear in the labrum on my right hip. I told him I can not miss any more work or I will get fired so he agreed to do an arthroscopy and clean up the R hip so recovery would not be too long. I will still need to replace the hip at some point just not now.
My question is can arthritis be rated separately from torn labrum. And they rated me 10% for arthritis L& R hip and knee (no mention of the torn Labrum) and I sent in doctor reports about time lost from work with the DRO request. The way I read the CFR 5003 is
With X-ray evidence of involvement of 2 or more major joints
or 2 or more minor joint groups, with occasional incapacitating
exacerbations 20
I guess they don’t see it that way because the denied the increase.
I have the same issue with my knee 10% for arthritis that includes residuals of meniscal tear. Should these be rated separately? Any advice you guys could give me would be great
Semper Fi
I Won
in Success Stories
Posted
I would like to thanks everyone on this website for all your help over the years. I have only posted a few times mostly because most days I don't think right. Now I hope my problems are over and I can try to get my life back. It would not have been possible if it there was no Hadit website. You guys are the best
100% scheduler P&T with CH 35 benefits for the family