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WBrennan

Second Class Petty Officers
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  1. Like
    WBrennan reacted to Fat in Upcoming C&P Exam for Nerve Damage due to surgery; What happens in that C&P?   
    Hope everything works out well.
  2. Thanks
    WBrennan reacted to broncovet in Higher level review   
    Just go to the C and P exam, on time, tell the truth and wait for the envelope. Tell the examiner how you feel on your worst day. 
     If you can, get a copy of the c and p exam and see if its favorable.  
  3. Like
    WBrennan reacted to Tbird in Upcoming C&P Exam for Nerve Damage due to surgery; What happens in that C&P?   
    ecfr is moving here is a link to 38CFR4 https://ecfr.federalregister.gov/current/title-38/chapter-I/part-4
  4. Like
    WBrennan reacted to Berta in Upcoming C&P Exam for Nerve Damage due to surgery; What happens in that C&P?   
    Does the 30% reflect the ACL scar?
    This decision reveals the 2018 change in ratings of scars.
    https://www.va.gov/vetapp19/files12/19191968.txt
  5. Like
    WBrennan reacted to Berta in Upcoming C&P Exam for Nerve Damage due to surgery; What happens in that C&P?   
    Neuritis and neuralgila should be listed in the VA Schedule of ratings-here:
    https://www.ecfr.gov/cgi-bin/text-idx?SID=e01889934e16ee0751373657d3b13a6e&mc=true&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tp
    Neuritis is listed about 7/8th down on the scrollbar-to right hand side of your PC 
    Neuralgia is listed somewhere there too-
    We should have a copy of those blank C & P exams somewhere here under a search.
    If this causes you instability of use of the leg, that should be mentioned by you at the exam.
    Unfortunately, even if a disability is obviously secondary to a SC disability, many vets need to get an IMO/IME to establish that it is secondary.I believe your surgical medical records would certainly establish it as secondary and I sure hope the VA does not deny the claim.
    The VA does not apply common sense to anything.
  6. Like
    WBrennan reacted to broncovet in Service Connected ACL disability, can I claim nerve damage secondary due to no feeling on the side of my knee due to surgery?   
    Sure you can "claim" it.  Question is, will the claim be successful and productive.  To find that out:
    1.  Look up the criteria.  
    2.  Look up cases similar to yours. (do a search of BVA or cavc cases.) BVA Case Search
    3.  Post reasons and bases for denial, if/when you get it, and hadit members will try to help guide you.  
    4.  If the above shows you should get the benefits, then persist until you win.  
  7. Like
    WBrennan got a reaction from GBArmy in How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork   
    Change requesting with expecting. My bad. 😁🤪🥃🍺
  8. Like
    WBrennan reacted to GBArmy in How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork   
    WBrennan I just saw your original post..."requesting a 10% rating..." I hope you are just describing what you are looking to get but that isn't the original wording on your appeal. We never request a specific rating; that's the VA rater's job, anyway. But you could be limiting what you get for a favorable decision buy asking for a number which could actually be less than what you would be entitled to. Think of it is lowballing yourself.
  9. Like
    WBrennan reacted to GBArmy in Knee Rating Help   
    WBrennan Congrats! Good example of knowing that if your symptoms show a higher rating is fair, go for it. Of course, a veteran shouldn't just put in a claim for a higher rating if his or her symptoms don't show a worsening for their current rating. But if it worse, it isn't likely that the VA is going to drop it. (It could, but you could appeal.) 
  10. Like
    WBrennan got a reaction from Hucast21 in How to appeal denial > 1 year? ER visit not in SMR C-File so denied. I just found my ER Visit paperwork   
    just submitted my request for s higher level review.  Requesting a 10% rating for pain/arthritis and the bilateral for my left knee.  I will update everyone in about 4 months. lol. 🙂
  11. Thanks
    WBrennan reacted to vetquest in Knee Rating Help   
    Good luck and watch some grass grow too.
  12. Like
    WBrennan reacted to Vync in How long does a higher level review/CUE take?   
    Checked status and the VA is currently making a decision. Estimated completion date: Feb 12, 2020.
  13. Thanks
    WBrennan reacted to Miken2c74 in VA Specially Adapted Housing Program   
    Hey @GBArmy Happy New Year,
    They are both right everyone got this email
  14. Thanks
    WBrennan reacted to melvink01 in VA Specially Adapted Housing Program   
    I received both of the notifications referenced in this forum as well. My concern is; I did apply to the BCNR to have my discharge corrected to reflect what it should have been upon my discharge from the military in 2005. My hope is, that this notification is an indication that the process is in the final decision stage.
  15. Confused
    WBrennan got a reaction from ShrekTheTank in VA Specially Adapted Housing Program   
    I too received the same email (30% SC) and thought it was weird.  I also received an email from them with the following (been out since 1995): We understand that you are in the process of separating from the military and have received a DOD disability rating. You may therefore be eligible to apply to the Vocational Rehabilitation & Employment (VR&E) VetSuccess Program
     
  16. Like
    WBrennan reacted to paulstrgn in Knee Rating Help   
    The waiting of the VA to process our claims is the hardest part. Plus waiting on the BBE to show up so we can see how they made their decisions.
    Good luck!
  17. Like
    WBrennan got a reaction from ShrekTheTank in Knee Rating Help   
    As of today: Status: A senior reviewer is taking a new look at your case
    so I will watch some paint dry and wait out the next 90 day or so ....
  18. Haha
    WBrennan got a reaction from GBArmy in Knee Rating Help   
    And Higher Level Review requested. Now to wait about 125 days for an answer.... Anyone have any paint I can watch dry?
  19. Like
    WBrennan got a reaction from paulstrgn in Partial VA disability compensation award???   
    I got service connected then enrolled in the VA Healthcare.  I am using both my VA PCP and my other PCP for Co-treatments.  If I can't get into my normal PCP, I can usually get a same day appointment at my VA PCP (Small clinic, rural area). 
  20. Like
    WBrennan reacted to Richard1954 in Knee Rating Help   
    It sounds to me like the doctor is saying your range of motion is 80% 
    Code 5260: If the knee can straighten, but cannot bend all the way, then it is rated under this code. If the knee can only bend to 15°, then it is rated 30%. If it can bend to 30°, it is rated 20%. To 45°, it is rated 10%, and anything 60° or more is rated 0%.
    Just because you have xrays does not mean you will get a rating.. a doctor will have to make a statement that the arthritis is service connected.. I fought the VA hard on this one... and finally won.. two years later.
    Knee Buckling is rated 
    Code 5257: The knee can also have too much motion (instability) from side to side or dislocate regularly. This can happen when the tendons and cartilage are damaged and can no longer support the knee joint properly. If there is only slight instability, then it is rated 10%. If there is more instability that might cause the knee to buckle or dislocate every now and then, then it is rated 20%. If, however, it is so unstable that it gives out or dislocates regularly, it is rated 30%.
  21. Like
    WBrennan reacted to vetquest in Knee Rating Help   
    I agree with your assessment, 20% for 5258 and 10% for 5261.  5258 includes pain so I see that covering the arthritis and 5261 is rated by extension.  Now, how will the rater say it is he might just say 5258 and skip over the extension issue.  We can only guess what they will do at this point.  
  22. Like
    WBrennan reacted to Vync in Knee Rating Help   
    I'll add that Deluca should include a couple of ROM measurements in degrees. First, the degree where painful motion begins. Second, the max ROM that you can move, even if it is beyond where the painful motion began. When they rate via the Deluca ruling, they are supposed to use ROM where pain began.
  23. Like
    WBrennan reacted to Vync in Knee Rating Help   
    Any increase is good, but it always helps to ensure they rated you correctly so you don't get low-balled.
  24. Like
    WBrennan reacted to paulstrgn in Knee Rating Help   
    If your decision was sent oit on 10/29/2019 then you only need to wait 10 business days 11/13/2019 was day 10. You can call the 800 number and they will fax you a copy of the decision.
  25. Like
    WBrennan got a reaction from Vync in Knee Rating Help   
    Looks like they bumped me only 10%. Waiting on the BBE to do another appeal.  The bump moves me from 20% to 30%
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