nyc-vet

It’s been a loooong time since I last posted on hadit. I just wanted to share the news. I just checked the website and it said my appeal was granted. I’m so overjoyed. I’ve been fighting back and forth for many years botched va exams and ratings. I was granted 60% for my skin condition but the date was wrong. They gave me 60% dated 2012 but I first submitted an increase for my claim in 2007. From 2007 to 2012 I fought to go from 30 to 60 due to mistakes by the examiner and them totally overlooking evidence. Several exams later in 2012 they granted 60% So when I got 60% in 2012, I appealed because it should have been 2007 due to botched examination error and finally this week got awarded 60% back to 2007. A 5 year retro. (2007-2012) Which put me at 100% effective 2007. Close to 70k retro. I haven’t got the letter but I see the pending payment and the new effective date. it’s been a long 16 years since my initial claim for increase. 16 years of physicals, photos, notices of disagreements, heart ache but most importantly hope and faith. Thank God. Fellow vets keep pushing until you get what you deserve especially when the evidence is so obvious.

I'm trying to help someone do a notice of disagreement for depression. The veteran was increased from 10% to 30% but we believe it should be higher. We were reading over the physical exam at the doctor diagnosis. This is what it states in the diagnosis section. Multiaxial diagnosis: Axis I: Adjustment disorder with mixed anxiety and depressed mood (309.28) Axis II: Defered 799.9 Axis III Deferreed to medical evaluation Axis IV: Social isolation, unemployment, chronic concerns about pain and the negative impact of this on their energy level, low energy, health difficulties, marital conflicts Axis V: GAF 52 How does the Axis figure into the decision? I wonder if the GAF score is what made it 30%. Within the diagnostic impression section they say "it would appear that these distresses is chronic and would appear that the veteran would have a difficult time obtaining and maintaining employment given their physical complaints and current level of distresses. Do you believe this is grounds for a notice of disagreement and request a higher rating? I also wonder if they bothered to read the notes in detail. Opinions Please

My gut is telling me they would try say it is "an intercurrent injury"also. As far as prior MRI question, my back and neck rating was only I believe based on xrays and rom and pain. In my c and p for increase a few years ago, they did state disk herniation with pain in legs. I don't know if that will be significant enough to prove sciatia.

I am scheduled for a c & p physical in 2 weeks with neurology maybe i'll wait to see how it goes with that before I submit anything from the accident. I'll get the doc to write a ststement.

my headaches and sciatica when I would go to the VA ER would be chronic. Its up and down there is a constant tingling in my leg but it is not a constant chronic pain. When i went to the hospital I could barely walk. Im not at that level right now but there is discomfort. My headaches the same also. When I went to the va ER it was chronic. Thats what caused me to file a secondary claim. I knew these headaches were coming from my neck constantly throbbing and burning. Then the wreck took place and now I get treated for these things 3 times a week. I believe this will strengthen my secondary claims and prevent them from saying not enough evidence.

Thanks for the reply, I'm going to approach it as it has gotten worse

ok thanks

Currently im taking pain killers, muscle relaxers and anti inflammatory meds through the auto insurance but the VA has prescribed the same type of meds for years to help with my issues. I was thinking the same thing about the doc I'm seeing. I'll look into him writing a statement and hopefully a nexus for sciatica and headaches.

No, I can't afford not to work right now to much debt. I need the income. I'm hoping to get schedular 100%.

So shouldn't submit any evidence from my recent MRI and treatment that I getting now for the accident

I have a few issues I need advice on. I am currently getting 40% for low back and 20% for neck plus other issues totaling 90%. Im trying to get secondary issues sciatica and headaches connected to the low back and neck. I submitted the claim 2 months ago but really didn't have any evidence except word of mouth and a few doctor visits to the VA ER for both headaches and sciatica. 2 months ago i was going to bank simply on those ER visit as enough evidence for secondary claims. But low and behold I get rear ended the other day and immediately the pain shot to my back, neck, down my left and i got a terrible headache that still lingers after a month. I am now doing therapy, accupunture, chiropractor, etc.. 3 times a week for the past month. MRI shows bulging disk and herniated disk in neck and back. I don't rather to cry because I'm in more pain or to laugh because this might be my key to getting a nexus and increase for my neck. With all that said, how will the VA view this accident? Do they view accidents after service as not service connected Or is it viewed as a worsened conditions? I am also trying to get chronic fatigue secondary to back. I have no evidence but word of mouth. How do I prove this. I am drained everyday by constant body pains for the top of my head to the soles of my feet (literally).

From what I can see they blew off the nerve issue down my left leg even though I was clearly examined for it. Then later on that day the examined my back and neck. back is 40% neck is 20% nothing for nerve issue. There is nothing in my award letter even addressing it. My only guess is they combined the back and the nerve issue. In the letter cover sheet they describe my back conditon as "Lumbosacral strain with myofascial and facet related pain and lumbosacral radiculopathy" It got 30% for Anxiety disorder, they didn't describe it as "depression with anxiety" or "Anxiety with depression" That is why I am wondering should I at least seek clarification on what happened with the radiculopathy and depression diagnosis. I know for sure radiculopathy should be a seperate rating. I will just have to deal with the anxiety/depression as one it appears.

One of my back issues is 5003/5242 and the other is 5237 Lumbosacral or cervical strain 5242, 5003 Arthritis, degenerative (hypertrophic or osteoarthritis): Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below: With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations................................................................... ................................. 20 With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups...................................................................... 10 Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion. Note(2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic code 5013 to 5024, inclusive. The rater didn't even address the nerve issue. I looked at my physical exam it clearly falls under the periphial never section. I don't know how they missed this? My anxiety code is 9400 I was never rated or denied for depression so I don't have a code to give. But reading the CFR book it would fall under code 9434

Thanks for the replies, Broncovet I requested my c-file the other day.

That exactly what has happened. For the past two years I've been trying to get them to address all my original claims. They missed the anxiety (9400) issue totally the first time around. So i wrote a letter last year and they CUE themselves and gave 30 percent. But now I thinking Depression is a different code (9434) and should be separate. I guess I write another letter to get it addressed but now like you said it is beyond the one year. They pulled a dirty trick.