tom91

I received information on my appeal but continue to be confused. I was svc w/herniated nucleous pulposis orig @10%, raised to 20% and appealed the 20%. The letter states they have granted me svc for degenerative arthritus with a rating of 40%, as though it is a new condition yet in parenthesis it references previously under code xx for hnp. When i look @ebenefits it shows both 40% deg arth and 10% hnp. Does that mean i now have both or is it listed just because of original decision....

I'm struggling with understanding what the VA is saying in the SSOC I received for appeal on herniated nucleus pulposus. BACKGROUND Received medical discharge in 1991 for HNP rated @10%. Filed claim for increase in 2008, received 20% and subsequently appealed decision. BVA hearing, remanded to RO in 2012. New C&P in 2012. Filed new claim for T and C spine condition in 2011. VA modifed claim as follows: cervical spine condition, radiculopathy (one for upper © and one for lower (T)), and thoracic spine condition. C&P scheduled for cervical condition & cervical radiculopathy. Approval issued for radiculopathy for lower (T). Thoracic spine condition deferred to be included in appeal. Our confusion lies with the summary provided for back in SSOC. It reads as follows: An Evaluation Higher than 40% for SVC Lumbar Spine Disability After careful consideration we have confirmed and continued the evaluation of 40% for your degenerative arthritis of the lumbar spine. Evidence of record does not show that an increase to 40% is due prior to that date. THe evidence of records does not show that a higher evaluation is warranted under the rating schedule. We obtained and reviewed VAMC treatment records. THese records do not evidence symptions to warrant a higher evaluation. A 40% evaluation is assigned from xx/xx/2009, the date facts were found. The treatment records from xx THerapy shows range of motions measurements of 25 degrees flexion, 2 degrees extension, 5 degrees of left & right lateral rotation. The symptoms reported from VA C&P xx, 2012 also support evaluation. We have confirmed the 40% for your herniated nucleus pulposus, mild based on - forward flexion of the T spine 30 degrees or less Additional symptoms include - Intervertebral disc syndrome with no incapacitating episodes during the past 12 months. First of all, keep in mind that I am presently 20% for HNP and just recently awarded 40% right lower radiculopathy and 40% left lower radiculopathy; therefore, I'm confused as to why they reference 'continue of 40% for degenerative arthritis of lumbar'. Are they saying they recognized the degenerative arthritis and awarding me 40% in addition to increase to 40% for HNP? Or are they just awarding me an increase of 40% for HNP? HELP!!

Does the va issue seperate ratings for degenerative arthritis of lumbar spine and herniated nucleus pulposus?

Can someone point me in the right direction in CFR 38 as to where I can find the rating schedule for radiculopathy?

Thanks for the feedback. Can you expand on the 10/20 year rule? I have disabilities that were approved back in 1991 but neither one of them nor the calculation of them is 100%, does that matter?

Is permanent and total disabilty same as unemployable?

I have two questions that I am hoping someone can clarify for me as it relates to 100% combined rating. 1) Are you automatically deemed permanent and totally disabled when you reach 100% combined? 2) I am awaiting receipt of mailed appeal decision. Given that, can the VA deem you unemployable without having requested it? If so, how long before you have to quit work after notification?

Why would the phase start date be changed under prep for notification?

BACKGROUND I currently have two claims in with the VA - 1) Claim for increase on herniated nucleus pulposis, right knee, and addition of left knee. Left knee denied previously for svc connected. 2) New claim for cervical spine and thoracic spine conditions. Appeal is approaching 5 years from original filing (no surprise). It was remanded with my C&P March 2012. Notes on account and letter for 2nd claim indicate they maybe near a decision (hope). Received letter today regarding 2nd claim advising 'your herniated nucleous pulposis (now claimed as thoracic spine condition) is on apeal and will be addressed in seperate correspondence.' It appears the VA has recognized my condition has worsened and revised my condition. THe letter further advises that based upon my letter to support 2nd claim, they have added 3 additional conditions to my claim - diabetes, stinging in arms-fingers-hands, and numbness in feet. QUESTION/OPINION PLEASE! 1) Do you think this is a promising sign for my appeal? 2) Is it feasible to claim diabetes as secondary to my back condition, given the fact that I cannot exercise, etc.? 3) As to numbness, it is recorded in my VA medical files reference to radiculopathy, myelopathy, spondylosis. It would seem feasible this is another opportunity for secondary condition(s). Any feedback would be appreciated. FYI - THere are also indications that veteran is not capable to work (marked yes, unable)....

Sorry, forgot to reply to your question! Yes, he can be provided copies of his medical reports, including tests!

I've not been successful in winning my hearing loss claim but did win my case for tinnitus. I was a tank & wheel mechanic which exposed me to loud, shreak noise for hours on a daily basis. My service records and civilian dr opinion (along with hearing tests) supported my claim sufficiently for approval. It did take a 2nd claim to get it through but finally did. Still frustrating that hearing loss continues to be denied. Hope this helps.

I reviewed the VA website for any additional information related to the clothing allowance. I found a news bulletin dated November 2011 that announced the dual clothing allowance beginning in 2012. Included was reference that clothing allowances are paid during September and October of each calendar year. It seems the VA has definately changed their payment schedule by another month from previous years. I think only time will tell exactly how this dual CA will work out. I have personally called two seperate offices in the Nashville area and received 2-3 versions as to how the dual payment will be handled. From paying in two seperate increments, to paying one payment, to having to file annually from here on. Interesting.....

I applied for dual as well. When I followed up w/VA here in Nashville, they informed me that it had been received but their systems were not updated yet to provide decision. I was further informed that when you receive dual, you are no longer 'static' in the system, meaning it will not be reoccurring automatically as you will have to apply annually..! They also said letters of decision and payment would be delayed to september!

Any recent experience with this? Received the VLJ remand letter in February, had additional C&P exams in March, file sent to decision phase March 27. That means it has now been 26 days.....any experience with how much longer it will take to receive the letter? Any experience with how long from time of letter to receiving back pay should they award additional rating?

What kind of rating % do you think I'll get just based on this (realizing rater will always have final say)?

Bertha - i'll keep trying to scan the docs. I am actually now @70% (10 r/k, 20 back, 10 tinnitus, 50 ptsd). My c&p is for appeal to increase back, r/k, and claim for s/c l/k. C&p does also include (for lk) 'the condition was at least as likely as not incurred in or caused by claimed in service injury, etc'. Seems promissing that they will grant sc l/k.

Just obtained copy of my C&P exam. It pertains to two specific conditions - R/L Knees, and Spine. INcluded under both is the question 'Does the veterans xx condition impact his ability to work' with the medical examiner's response as YES. Is this an indication they will put me as unemployable? Or could they possibly put me at 100% employable with a condition that I'm restricted on what I can do? Any input on this is most appreciated!!! C&P - Appeal.pdf

I'm not familiar with the ins and outs of an appeal but hope someone can advise me on this! Background Claim consists of 4 conditions with appeal outstanding since 2008. Hearing was held and as of this past week, VLJ made decision. We were told a letter was enroute to us but to date, haven't received it. Spoke to the #800 this evening and was informed VLJ made decision and remanded to the appeals management center. He stated that the VLJ will have instructed the center on what steps to take from there. What steps are they referring to? Isn't a remand when more stuff needs to be investigated? If so, does that mean it goes back to the VLJ again? If something needs research, like 1 out of 4 of my conditions, does it hold up decision on the other 3? What exactly would the letter tell me at this point if there is more research?

Bluehen - Thanks so much for the feedback! If they awarded you additional rating (which I hope it was a positive outcome for you), did they backpay you already or is that still pending disbursement?

its been under review of VLJ since November so I'm hopeful its not sent to VARO for additional doings. It does involve 3 items so if any of them are approved or denied but another needs more, will they wait to inform me of all 3 at once or go ahead with those?

Remand back to VARO...? Not sure if I understand what that means.

went from VLJ to BVA to prepare for dispatch

I was informed today that the judge made a decision on my appeals and it is now pending dispatch. Anyone have recent experience on amount of time elapsed between decision being made and veteran receiving notification?

I'm writing on behalf of my husband as I need advice on what to do. My husband is in the VA ICU for a condition yet to be diagnosed. He is currently 70% due to PTSD, back, knees, and hearing -- none of which is the root cause for his current condition. If he is hospitalized for a condition unrelated to his disability, can we file for temporary 100% disability? Any advice is most appreciated!!!

After almost 4 years, I finally have a video conference scheduled for this week! Question for anyone with recent experience - how long will it take for a decision to be made? Do they tell you immediately or ???