HM1retiredUSN

Why such negativity in stating that they trying to find a way to deny something? Perhaps there is another condition that you are not currently connected for that needs clarification by the Examiner.

Send a picture of the proof of the cutting. This is a symptom that you reported as due to the service connected condition. Also ask for a scar exam for residual scars secondary to your psychiatric condition. If your alcohol dependence came about as a form of self medication for your psychiatric condition, then there may be something there.

It is not that her site is different. When most of a Regional Office is working on Nehmer cases, you are going to have "low" numbers. It has nothing to do with how slow that office is. It comes down to exactly how many Raters are actually Rating cases, and how many are dedicated to Nehmer cases only.

You can estimate the body surface area by the Rule of 9's. The percentage of the body involved can be calculated as follows: Head = 9%chest (front) = 9%abdomen (front) = 9%Upper/mid/low back and buttocks = 18%Each arm = 9% (front = 4.5%, back = 4.5%)Groin = 1%Each leg = 18% total (front = 9%, back = 9%)Although the feet aren't shown, the body surface area of the entire front of a leg is 9%, so a foot is obviously less than half, or even a third of that. In addition, athlete's foot normally does not encompass the entire foot, therefore making the percentage even less.... Like 1-2%, which equates to a 0%. It would be nearly impossible to get a 10% evaluation off of the feet alone, as the percentage of total body, or exposed body is just too small. 7813 Dermatophytosis (ringworm: of body, tinea corporis; of head, tinea capitis; of feet, tinea pedis; of beard area, tinea barbae; of nails, tinea unguium; of inguinal area (jock itch), tinea cruris): Rate as disfigurement of the head, face, or neck (DC 7800), scars (DC's 7801, 7802, 7803, 7804, or 7805), or dermatitis (DC 7806), depending upon the predominant disability. Since you have a problem with your feet, we can rule out 7800 as a diagnostic code, as this is not the head, face or neck. You can be rated under scars (DC 7801,7802, 7803,7804,7805), or dermatitis (DC 7806). Most of the ratings that I have done were 0%, however, if you have dermatitis, eczema, or other skin issues that are service connected, on top of the athletes foot, the chances are, you will have a higher the percentage of exposed body or total body area affected, hence a 10%, or maybe even 20% disability evaluation. The creams that you said you were taking constitute topical therapy. However, you stated that you take medications as well, and without knowing the names of those medications, I am unable to determine whether they are systemic therapy such as corticosteroids, or other immunosupressive drugs. What are you, or have you been taking?

Your residuals status post knee replacement are a musculoskeletal disability. A nerve condition, while secondary to your knee replacement is okay, and does not run afoul of the amputation rule. This is not pyramiding, since musculoskeletal and nervous system are separate and should be evaluated as such.

You can't file an appeal for being denied Chapter 35, because you were not denied Chapter 35. The fact that the letters state that your PTSD and prostatitis may improve suggests that you have a future examination for those conditions. The rater is allowed to determine when he/she saw fit to assign a future examination. You can call the 1-800-827-1000 number to ask when your future examinations are scheduled. Be careful what you wish for regarding requesting P&T. That sound like a claim for increase for all of your conditions, and you may very well lose your 100%. If my calculations are correct, you are in all actuality, 95% connected, which rounded up to 100%. One drop in your disability percentage, and you will drop to 90%, or even lower. Just trying to help..........

You should send your evidence in ASAP, because the sooner you send it in, the more likely it will be associated with your file, before it gets rated. If the evidence is such that it needs to be returned to the VSR, due to new and material evidence, or just evidence that causes a need for an examination, then this will delay your claim, but in favor of you. Good luck, and it really doesn't matter whether you give it to your POA, or turn it in at the front desk. There is so much of a backlog, and so many rush cases, that a POA handing in your claim is not going to speed up your claim time, or change the amount of time the claim sits on the rating board.

Actually, Grunt, this will cause a delay in the case. As a minimum, the case will be sent back to the VSR for a new duty to assist letter to be sent to the veteran, and development, if necessary, will start the process all over again, depending on whether a new examination needs to be ordered, or just waiting the minimum time after sending that new letter if the veteran does not return the VCAA letter (or other situations).

Yes, this is a true statement. Check with your local gas and electric company. Usualyy the procedure is to fill out a "Medical Baseline" form (to obtain a medical baseline allowance) and have your physician sign the form. Once mailed to the electric/power company, they will authorize a certain amount of killowatts per day. I know San Diego authorizes 16.5 kWh and 0.822 therms per day. There are several conditions, not just C-Paps. Nebulizers for asthmatics, and several other conditions.

Please don't take my comments and get pissed. I found your post very hard to follow. I'm sure you did some cutting and pasting for us, and I hope what you sent to the regional office was more uniform. Now, I am responding for a few reasons. First, when I was at 90% and knew I was 100%, I did a request for reconsideration, based upon the recommendation of an RVSR with almost 20 years of experience. I think another poster got it right when they said you can usually get a decision back (reconsideration) much faster and if it doesn't work out, you still have the NOD. My year deadline actually came without a decision so I put in an NOD to preserve my rights of appeal. Fortunately my decision of 100% came a few weeks later with a huge retro check. Second, with my request for reconsideration, I sent a 10 page, step-by-step novel of what they said my rating was and why, then I compared what I knew it was, with description of the evidence (whether it was an ER visit, dr. appt, clinic appt, whatever) and the next higher rating and why I was at the higher level. Fortunately everything was clear cut...... No "more closely approximates" statements were needed or medical opinions. Thank god I was a Corpsman. Anywhoo........ I digress...... Clean up the write up (unless it was disorganized in the cut and past for us), and I wish you well. Oh, I'm sure you're wondering who the heck I am giving advice. LOL I'm just a friendly neighborhood employee of an establishment that this website bashes on a daily basis. ;) Good luck!

Based on my experience, QTC reports are far easier to read and understand. The QTC doctors answer the questions that are asked of them and give definitive diagnoses that help the rater. I would love to have a QTC exam! All of then ones I have seen have been nothing but helpful to the veteran. There are several reasons why QTC is used versus the VA docs. First, Comp and Pen's appts may be full necessitating scheduling apts with QTC. Second, a veteran may be about to get out of the military and the VA wants the veteran seen before release from active duty. QTC may have an opening where C&P doesnt. This helps the veteran who may be diagnosed with additional disabilitied that were inadvertently left off of the final physical. Trust me... QTC exams are fine. There is no ulterior motive.

There is a 100% rating where one is unemployable and a schedular 100% where a person's disabilities add up to 100%. If a person is able to work, then what is the big deal? Nine times out of ten, a person that is 100% has a few serious disabilities that could potentially kill them. Why not applaud someone that is able to overcome their disabilities and work instead of assuming they shouldn't be 100%? I'm too tired of people complaining about the same ish every week........ Just my two cents........

I was having a hard time following your question. I am confused. You are saying you were diagnosed with Sleep Apnea while in the Navy, or did they control it with the ENT surgery? Were you ever given or prescribed a CPAP while in? I honestly believe you will need a medical opinion from a VA doctor stating that your Sleep Apnea, more likely than not was incurred in service to substantiate service connection. Other than that, I think you may get the big denial letter. Sleep Apnea is not a presumptive condition, so getting OSA within a year of getting out really means nothing. Get that medical opinion from the CPAP clinic at the VA and you will be in.......