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ruby

Senior Chief Petty Officer
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Everything posted by ruby

  1. Thanks Bronco, The DRO wrote he granted Depression as service connected. summary, ,the evidence of record supports the grant of depression as secondary to the patients chronic pain, secondary to Sc arthritis of cervical pain and general effects from Medical condition. subsequently to this, the veteran established Sc ptsd with Sc for depressive disorder continued. However, compensation is not provided separately for two co existing mental disorders. Therefore the 2 disabilities are combined effective (date of Sc for ptsd, He also noted the examiners diagnosis was of ptsd, major depression ( to ptsd and Sc general medical conditions.) Some symptoms over lap. I think I want to ask for increase in my asthma/copd to 60% my pfts are worse. ive had 28 steroid injections in my back over 10 yrs along with injections into my knees and hands, I had a negative reaction to my last injection and won’t get anymore. I had a disectomy last year that’s related to the last injection. Thanks
  2. Hey John, yes and the VA gave me a disability for major depressive but you can not have 2 mental disorders and I have 70% for PTSD.
  3. The Hadit calculator says 94.356. I just did Hill and it said 100 so I’m confused. I just don’t want for them to say you owe us. thank you Broken and Dust.
  4. I have 20% + 20% for bilateral radiculopathy C6-7. Doesn’t that lower your rating?
  5. I hope this is in the right place. I've decided to ask for increase in Sc conditions plus ask for a couple of secondary claims. Decided to see how I was rated my decision is very complicated. My only concern was I serviced connected for arthritis in all joints and back and granted 100% so I didn’t pay attention to the decision. I asked for TDIU in 2010 the DRO stated it was moot as I was 100% secular. I’ve added my Disability ratings up and I do not get 100%. my ratings are 70, 30, 20, 20, 20, 20, 10, 10, 10, 10. This comes to 94.356 from my understanding that’s not 100%. Am I wrong? I have 9 additional 0% that should have been rated at least 10%, 10 years ago, now they should be much higher I’ve had 28 epidural injections in my back, plus my hands and knees. Recently had a discectomy. My 30% I think is worse and would be rated 60% now. My question if I apply for increase and 2 secondary conditions. Can the VA say oops your not 100% and you owe back pay as I did get mid 5 figures for back pay. Even though the TDIU was moot because of the secular. I can’t lose this income so I’m thinking of not asking for increase but I need SMC. I use a walker and a scooter given by the VA for my ambulatory issues arthritis and other nsc issues ( threw a clot during surgery). if I apply I’m sure I will need help with forms it’s been almost 10 years since I applied for anything Thanks for your thoughts. Ruby
  6. This has nothing to do with your question. I have PVD I was wondering did you have surgery or rehab to help you walk. You can pm me if you want. thanks ruby
  7. Mine was moot since my claim was 98% secular.
  8. It’s a directive that’s 100 pages. It talks about how wean and low to go. The directive says it’s goal is 90 mg of something. I take 5mg and they are trying to get me off of my 5 mgs. I have the directive but I can’t find it. Search for narcotic directive. At the Tampa VA you have to go to medical records to get a copy.
  9. Buck52 I ask for TDIU P&T. I had 98% that roundup to 100% therefore since I met requirements for Secular my claim for TDIU was not granted. i can’t get the exact words as I just had a laminectomy but when I’m better I can tell you.
  10. If your service connect for amputated foot then ask for increase due to your current symptoms then say this respresent 40% by CFR 38 xxxx then regurgitate what they say is 40%. Remember your doctor needs to document your symptoms just the way the code says. Then you can add any BVA decision that backs your claim. i include my medical records. evidence: dr va’s notes dated xx xx xxxx. If I had a hundred of them I would document each and everyone by all doctors. mri dated xx xxx xx dr xxxx regurgitate he’s findings. the problem with arthritis is it’s usally rated by rom. That’s rom without pain. If the pain starts at 10 degrees that’s where you stop. Most people including me went as far as I could in pain. My disability was 0%. Read the regs for your disability , document the % the way they do make sure your doc does too. like migraines are rated max of 30%. Whereas prostrating headaches under 8100 max is 50%. It’s a game you have to play by their rules. Regurgitate their rules in your claim.
  11. You can state your symptoms (symptoms are important) and asked that it be rated as xxx at the percentage you think is correct for that dx. I go to the CFR 38 chapter 4 find the exact wording the va says the percentage you think is correct and state your claim. Then have you MD write it as such. Submit your request, nexus,, medical notes, prescriptions (all evidence) medical articles including BVA decisions to support your claim. No stone unturned. The reasons for this is the effective date if it goes to a higher authority. Example dx code 8100 is for headaches to get 50% the va states this is for prostrating headaches and I had my doctor say that I had prostrating headaches. No I didn’t get it as they forgot to rate or deny this claim. i asked for right and left cervical radiculopathy and that was granted for 30% based on my mri and emg. i include the medication I’m prescribed for that condition and the side effects. i also ask for the effective date if I know it for certain otherwise I don’t. Such as I’m asking for eff 2008. The DRO gave me eff 2006. at the raters level I didn’t get anything I asked for at the DRO level I got everything I asked for. I supplied abundance of evidence. do as Bronco said never send anything that you don’t have copies of. I have a VARO near me I drove there and date stamped every piece of paper I submitted. good luck My purpose on somethings ie arthritis was to get it service connected and when it got bad I would ask for an increase as it was 0% at that time. i once read in a legal book to tell them what you want, it’s easier for them and your claim will go quicker. I think I went from 30% to 100% secular in 3 yrs at the DRO level.
  12. I lost this post. Thank you! I’m going to file for increase I was sc 2006. At that time my rheumatologist x2 said I wasn’t able to work and possibility during flares in 2006 They stated y headacahes were prostateing due to my arthritis but this wasn’t acted upon ie cue or just new with earlier date. im planning on getting my records , ct, mri pain injections list and submitting an increase on the SC 0 rated arthritis 11 sites all should be rated a minimum of 30% to 70%. My primary is new I’ve never seen her so it will be difficult to get her to say anything. I always ask for the dx and rating I thought was correct. Read that in a law book it makes live easier for the rater. Now how to rate the arthritis.. in my decision it’s rated reactive and rheumatoid. Do I just file this as I did in 2006 are there new rules. I have cataracts and it’s difficult to read. thanks for all the help.
  13. Thanks, I will go back into my file I know that is written for my arthritis before it was SC.
  14. I wasn’t clear on my question. It’s confusing to me. my question on the cue is the part of that they sc my arthritis but no rating. . I believe some of my arthritis automatic called for 10%. The cue is the part of the new claim for headaches and evidence that put in a statement of claim 21-4138 by filing additional evidence this is due to sc cervical arthritis. bilateral shoulder impingement bilareral cervicel radiculopathy migraine headaches i wasgiven radiculopathy for C6-7 but C4-5 is a problem too nothing on the shoulder impingement due to the spurs from the arthritis nothing for headaches. This statement of support is date stamped and timed. My other question is if I had been given a minimum of 10% on the SC Arthritis and 30- 50% for headaches that would have qualified me to SMC is this a cue. i just received a call from the neurosurgeon office I am schedule d for surgery o next Thursday to remove the leaking %s4-5 disc and clean the rest up. I am told this will improve the si pain but I will never be out of pain. I’m starting to develope drop foot .
  15. I have several questions and I’m confused. Almost 10yrs ago I won a DRO hearing. He seemed to get secondary diseases. I asked that he connect my arthritis which he did. I ask him to sc it secondary to another issue but I was not requesting a monetary rating. . Now almost 10 yrs later I need a rating. 11 issues were sc with O rating. My xrays were not great then and they are really bad now. I was service connected for lumbar spine arthritis with spondylitis changes Then is was sc for left and right shoulders,elbows, wrist, hands, knees. Then cervical c6, c7 radiculopathy left and right. My xrays now show cervical c4 and 5 radiculopathy. I have required injections into my fingers and wrist for pain. I have limited range of motion of my left wrist shoulders, knees have been injected, ankles are stiff at time with limited range of motion. I have gotten 28 steroid injections in the past 8 years. My last one resulted in a steroid flare which does the exact opposite of the steroid so I have been himebound since nov 9, I travel by wheelchair for the doctors. I can’t walk without severe pain. My newer mri shows spondylitis L1-5, L3-4-5 & S1 bulging disc. L4-5 herniated. I have seen a neurosurgeon and I’m awaiting a plan of action. They want to do to my. cervical Its bad too. I’m starting to develop neurological problems. My recent dx by the radiologist is Right Leg Radiculopathy. I’m on the pain program for my back for the last 7 years. I have the radiculopathy in my Left too. i really need SMC to help me hire someone to help during bad times with personal hygiene and housework. Since I’m pretty much bedroom bound my house isn’t as dirty but it hasnt been clean since nov. i have been lucky with the VA that I have shown them the evidence for what I’m asking and I shown them how it was connected. I don’t understand SMC, I know they are suppose to give SMC when you have a certain rating. That’s all I understand. I currently don’t have that rating. Question should I just file for increase based on my condition deteriorating.im 100% now i understand sleep apnea can be secondary along with IBS to PTSD. Question would I succeed better if I go for increase and later for the secondary. now the possible cue. I totally missed this this when I won my award in was very excited. I submitted evidence for the dro claim before I got the hearing and another new claim at the same time. because I was awarded what I ask for and 100% secular I didn’t pay attention to the fact this info wasn’t included with the decision and never mention in the award. So do I cue or just refile with a back date of 2006. They mentioned I had prostrating headaches but never sc. I just ignored this because of the 100%. Carlie told me not do but I didn’t listen. I miss you girl any help is appreciated.
  16. I hate to add my question but it’s similar. i was sc 100% secular 12 yrs ago. At the DRO hearing I asked that they rate my arthritis at 0 % (mycervical is document in my service record). My thought process was I just need to get my back wrist, ankles and knees SC period I would go back and ask for an increase when needed . Now I need the increase and I need smc that gives you money for cleaning house and shopping . paralysis of middle radical are nerves 20% bilateral Traumatic arthritis 0% 10 times PTSD 70% degenerative arthritis of the spine 10% lumbarsacral or Cervical Strain. 20 % residual of foot , injury10% ecezema 10% limited range of motion wrist 10% arthritis rheumatoid (atrophic 10% ) I don’t know what this is asthma, bronchial 30% limited motion of arm 20% superficial scar 0% my spine and cervical are bad I had a reaction to to my spinal injection called steroid flare. I’ve had 28 injections mostly all back. I believe the person who did this last injection put so much pressure on my back he herniated a disc. my last mri showed last mri showed L1-2 arthritis, L2-3 artheitis, L4-5 herniated cord pressure S1-2 arthritis can’t see due do the leakage of L4-5 i was Dx by Er doc and Radiologist of have R leg radiculopathy. I have been housebound since Nov 9. I have to use a wheelchair. For a week I was bed bound without help during the day. I mean bed bound I moved a finger and I screamed, it was the worse pain ever. I have been referred to neurosurgery but I was told they will never get rid of my back pain but thy can get rid of the sciatica pain. i also have sleep apathy but no nexus. 12 years ago I filed for prostrating headaches with nexus they never rated or denied the headaches. I didn’t care because I was 100% and my arthritis was SC. Now it’s inportant, I think I know how they missed it, it was included in a claim that had addition evidence to support another claim and I do have a date stamped copy. the va did authorize a mobility cart, walker and cane, bathroom chair. my point I reall need smc where I can hire someone to do things I can’t and still live independent. any advice. Maybe I should move this let me know. ruby
  17. I’m seeing a neurosurgeon tomorrow. Am I afraid, yes, for many reasons. The VA hired a physician who was on his way to having his license revoke in another state and the dude ended up being in charge of a major department. This was widely know because I was told this info by a medical professional.. I can’t get get sent out because it takes months to find a specalist that accepts VA payment. (They don’t pay on a timely basis). I only paid for Medicare a/b. I wish you the best in trying to make the system better. Ruby
  18. I’m having issues navigating on my iPad so I can’t research hoping someone knows this answer, someone I know from a va class we attend sent in for an increase he received his decision: Background: He was granted service connection in 2014. He served in unit 330 ordnance 9/64 - 8/65 , Korea Ascom, he was told that he was in the dmz zone at some pt He applied for an increase for several items that he was serviced connected for: Decision: Are records reflect that you are a veteran of Peacetime and Vietnam Era Rating decision dated Sep 2017 proposed the severance of several service connected disabilities. The due process for that proposed severance has expired. We will now make a final determination on those proposed actions. everything is denied or severed 10-18 because: We have been unable to confirm exposure to herbicides on either a presumptive or facts found basis. His last page is missing it says more on why. has the presumptive period changed orthe unit he belongs to wasn’t in a herbicidal area. what I’m reading basically says we made a mistake in 2014 is that really possible? he is working with the DAV and all they tell him is to nod.
  19. I would say yes, anything you find helps esp if you have to appeal. Look at CAVC decisions first. Then any medical journal that shows a relationship. Ruby
  20. I see the advocate it’s help with several issues. I’m a retired nurse and I know when things aren’t right plus I’ve had 2 surgical issues. Bet I can file malpractice on 1 of them as I have permanent damage from 1. im writing the IG on another MD issue. Doo-do does run down hill and they will learn a lesson. Need to know policy and procedures if they violate those you got them. it would be nice to have a site where you can ask if people have had problems but I understand why you can’t. You need to ask people that see that person, don’t say anything if they say their wonderful.
  21. Yes, it’s earned income! You claim it on taxes it’s earned. Evidence Requirements: Evidence of at least one service connected disability AND That the service-connected disability or disabilities are sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND That one disability is ratable at 60 percent or more, OR If more than one disability exists, one disability is ratable at 40 percent or more with a combined rating of 70 percent or more.
  22. I don’t know what type of nexus you need. I wrote 2 of my mine as I knew getting a VA doctor to do it is difficult if not impossible. I had a good rapport with both doctors so they signed it and they noted in my records it was more likely then not this condition was related to service connected condition. Then I went to a private md for a second opinion based off my records and he wrote a nexus letter. I had a nexus letter prepared for him to sign. He actually wrote his own nexus letter. i also had letterhead paper from the VA not easy to get to write the nexus. I had my smr that showed this condition. Hope this helps if you can’t get it through another expert.
  23. I would file a complaint too. There is no reason you need to experience any part of your claim. They just need to know how it affected you and what your symptoms are and how they treated you afterwards. They don’t need any details about the incident. Is you Psy any good if so make an appt with her and tell her how it affected you and not sure you can emotionally go through it again. Make sure she documents this visit then include as evidence. I won’t go threw telling anyone about my incident I did it twice that’s enough. If possible write it down if you can and hand it to the examiner. you could flip out on them start crying. Do you have a copy of your exam if not get it. best of luck on your claim ruby
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