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cannoncocker

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Everything posted by cannoncocker

  1. Signed up without the in person authentication. Under Compensation & Pension Claims Status it returns under open claims: Detailed information surrounding the claims you have filed with VA is not available at this time. If you would like more information, please call us at 1-800-827-1000. Same for Historical Claims. I am inclined to believe they have some troubleshooting to do before they roll this out as operational. As far as claim staus via the 800 I have yet to receive a currently correct reply. There has to be an easier way to authenticate rather than drive to your VAMC or RO. Credit Cards and a plethera of other sensitive information are transferred via the internet everyday without any negative consequences (for the most part). I have a pocket of CC to verify that claim. I didn't have to toe any mark for those.
  2. Too true! I am on 5mg Hydrocodone and they act as if it were a morphine drip on a hanger. I wouldn't even consider asking for an increase. I'd rather endure.
  3. radiculitis is not in the spine repository here at hadit,at least that I could find, and seems to be used interchangeably with radiculopathy. Definition Lumbar radiculitis is an umbrella term for a painful condition occuring along the root of any of the nerves extending from the lower (also known as lumbar) region of the spine. The pain may result from the lumbar nerve being either pinched, inflammed, irritated, or not working properly because of a lack of proper blood supply. While the symptoms experienced by each individual may vary widely depending on which nerves are affected, unrelenting pain is a common denominator in all lumbar radiculitis cases. So it seems the neurologist is using a catchall term since he can't nail down the cause without an image of physical change and I am guessing from a blood screen. The great thing and the most positive thing you have going for you is that he told you he would help with the filing of your claim. May I suggest that you get a list of VA Diagnostic codes aligned with the diagnosis and try to get him to commit to one or more as appropriate. I would print a form that leaves a blank for diagnosis and code then include a statement that he reviewed your SMR's and any VA records you have. I would leave an area where he can express his opinion as to why he believes there is a medical nexus between your current diagnosis and your service. He could certainly use his own forms but those areas need to be covered. That is admittedly a lot to ask for but that is very tough scenario, that does not mean you can't win, only that you will have to work harder to get the neurologist to diagnose and commit. I am sure many are rooting for you! PS if there is such a thing as true Siatica it would commonly be demonstrated by a herniated disc at the L5/L4 level with the herniation pushing or pinching the S1 nerve, and also narrowing of the sciatic nerve pathway, ie a physical orgin. This in no way means this is the only way to get pain from the sciatic nerve.
  4. Insightful reponse from elsewhere, but still doesn't answer the rating % question. Another responder claimed Hep C was in his SMR and they didn't bother to mention that to him. The 10% rating was thrown out there, which is sick given a life threatening virus with low resolution rate: That is nothing more than one decision on one claim by one person and it does not establish a precedent for subsequent claims. At best that was a very shaky decision; however, if the facts in your situation mirror the facts in that situation, service connection is certainly possible. This might have to come from BVA like in that case, but it is possible. What that guy had going for him is that there were two physicians, one VA and one non-VA, who opined that this particular person's hepatitis was as likely as not due to the injections in service. Equally important was the fact that both of these opinions were based on a history given by the veteran that wasn't rebutted by any other objective evidence AND there were no other doctor's opinions to the contrary. Do you have medical opinions stating that your hepatitis is as least as likely as not due to the injections in service AND are these opinions based on a verifiable history that isn't rebutted by other evidence of record? As a DRO I worked several of these type hepatitis claims and in almost all of them the history given by the veteran was rebutted by something in the record. Probably the most commonly seen involved tattoos obtained either in service or following service at a tattoo parlor, or a medical history that documented substance abuse. Either of these would be far more likely to be a source for hepatitis than the injector guns. So like I said, it will depend on the specific facts in your situation. At any rate you will need at least one solid medical opinion at a minimum.
  5. My suggestion to you is to get a reputable Independent Medical Opinion from a local group of Spinal Neurologists who have a member dedicated to rendering opinions that your back problems are related to your service via repetitive heavy lifting vs say a sedintary work record. Most metro areas will have groups like these. Finding that group will be your largest hurdle but perseverance is your ally. If you follow through with this you can use "would a resonable person believe my back problems came from sitting in a chair lifting reports and files or humping 90 lbs for days at a time for years?". How I did it. Also if you do get an IMO be sure they note they reviewed your SMR and make all your MRI etc available to them. Make it easy for them. Good luck.
  6. I am asking for an opinion for possible course of action if any. I meet the requirements verbatim set forth in: Citation Nr: 0531165 Decision Date: 11/18/05 Archive Date: 11/30/05 DOCKET NO. 05-05 278 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Reno, Nevada Which entitlted the appellant SC for HEP C due to use of MUNJIE and the lack of documented risky behavior. Mine was in all likelihood contracted in 78 or 79 during a unit flu shot. My difficulty in pursueing this is that I have already gone through the 12 month interferon treatment which had a 13% success rate but it worked for me. Determined by biopsy I sustained little damage and have been at non detectable viral levels since 1998 after the treatment. I think the success rate largely depends on the Gnome of the Hep C variant. Anyway I do not know if the fight would be worth the, probable 0% disability they would assign. The only real negative impact on my life is I treat myself as if I had active Hep C, as in no blood donation, protected sex, no sharing of tooth brushes, and etc. since I would not take any chance of visiting this illness on anyone even though according to the the specialists it is gone. Since the experts were the ones that devised this method of spreading this illness to start with, at least in my case. It seems all but impossible to prove documented injuries with images, IMO's, .... much less an agument that could be explained away in many ways. I could no believe the citation given in the other thread, but clearly the BVA was on board with the argument of the plantiff. So the opinion I am asking for if I cited the above case would it still get kicked all the way to the BVA and would I still be looking at 0% disabiling?
  7. Norman do not feel singled out in this VA Math. I started at 60% the went to a DRO and was granted 20% pending a QTC severity exam. That 20% raised my compensation rate $0.00 and remained at 60%. Thae rating would have to doto 30% to raise my disability to 70%. Still it was worth it to get it SC'ed for the future, but as it stands we are in the same boat, I am sure there are plenty others. Use the VA math calculator on this page above and check for yourself. Go from worse to least when adding items in the calculator.
  8. Hi 3 years(lucky uou). In personal experience the DRO has been quite effective for me as it allows you to go toe to toe with a person that has the authority to make a decision yea or nay. It is cumbersome in that you have to goto the VA RO, at least in my case, and consult with your chosen representativie, DAV was mine. That happens about 30 minutes before the hearing, but if your rep is diligent they should be up on your file and have a game plan ready. In my opinion you should have your own game plan and try to negotiate the objectives and means. It was my understanding you could always pursue the appeal process if you do not agree with the DRO result. Please someone correct me if this is not correct.
  9. This is absolutely fascinating since I too had or have Hep C from orgins unknown. I don't have a clue as to what a Munji is but will look it up but this ties into my personal story exactly. I was in from 77 to 84 and while serving in Germany in 1978 my unit was lined up for a Flu Shot using some air gun type thing. Don't really have any idea how it worked but nothing was changed or cleaned between GI's. After that I had never been as sick before or since. I mean I was laid flat for days and the Chain of Command didn't really push me to get moving which raised my curiosity since that was not SOP. I was actually weak for a couple of months. Fortunately in 97 the VA caught it and at that point they didn't have the various antivirals they have now but only the 12 month course of Interferon which put me at non detectable level and has been so ever since. I dodged that bullet with a good functioning liver with little damage determined by Biopsy (you gotta love that liver biopsy). That Flu shot operation could have well been where I picked up Hep C but proving something like that I am afraid would have to go in the too hard to do box.
  10. This is something for your future reference and may be of use to you. I too have exactly sciatica produced from a large protusion at the L5 pinching/pushing the S1 to the forward facet. They granted me 20% at the DRO level but gave full grant for "Lumbar strain with radiating pain in buttocks and down legs", which as I understand it from my readings here is VA speak for limiting the rating potential to 40%. I do not know exactly how or when I will resolve this but I just wanted you to be aware of that possibility when they respond. Good luck to you on your claim and more importantly I hope your pain resolves itself or at least subsides.
  11. calton, I have a question for you or anyone who may have an answer to this but the definition for CDD is the 6 week incapacitation or unfavorable ankylosis of the entire spine. Do you have to be SC'ed for the entire spine or sc'ed for one portion but the entire spine in an unfavorable ankylosis condition? It would seem to be a high mark to have your entire spine SC given their natural tendency to deny any back related claim. "(rejecting the view that "competent medical evidence is required . . . [when] the determinative issue involves either medical etiology or a medical diagnosis." I do not believe the VA is going to give any credence to an individuals diagnosis or medical testimony aside from symptomology without documented credentials indicating the necessary training/education to prove professional comptence. I would have to see that citation in action. The implications from that would be overwhelming. I am going to study that one!
  12. Vaf if you help much more if I had a payroll I'd be compelled to add you. I went to the QTC Severity Exam on 4/19 and have since heard comments pointing to common complaints regarding QTC as opposed to VA C&P exams. I am quit cynical so regard my point of view with that assumption. I have been examined by both and have not really experienced any more bias from one than the other. That just being me so that's hardly scientific evidence. In my view they both have a quota, not meaning each doc has only so much they can find as SC'ed or very severe etc. That would not be functional or possible to implement. I think it is easier for the VA to control outcomes with less cupability though than sending a memo to each VARO saying our budget is this so you must meet X$'s by outsourcing. That sounds ridiculous to some but I do not believe VA raters are just thinking up ways to down rate back problems just for kicks. I believe it is plain institutional policy driven by budget. Hence this Lumbar Strain nonsense. Here a rater is reading a radiology report: large L5 Protrusion pushing S1 to forward facet. Similar on up the lumbar/Degenerative disease/...= strain. That doesn't even pass the laugh test. Budget? That is very beneficial information about the goniometer(plastic hand held low tech angle finder) that he did in fact use this time which they would otherwise guesstimate the distance which could make the difference from one rating to the next, all this after 1 year earlier finding my spine in normal condition. Yes, same QTC Doc, but he did a thorough exam and it did in fact help to haul in all my radiology reports, discs, reports, and etc. He sent his nurse out front to get some radiology reports from past MRI's and Flexions. Which ones she picked I do not have a clue but otherwise they are running on just their own opinion rather than having to knowingly report contrary to previous findings. I have no doubt this gentleman is very competent but what I do not know are QTC's marching orders and the raters actual boundaries. I will report back when the rating is in, but it stands at 20% now from the VA. For future examinees: Lumbar Spine Exam bend forward bend lateral left and right bend back twist left and right SLR bilateral reflexes verbal history (on their questionaire I was rather expansive so that either surprising, irritating, or both to him but hey I wanted him to have all the info I could get to him). dorsiflex bilateral feet no wood pin pricking but light touch for numb and tingling areas 3 xrays 1. flat on your back 2. left side 3. right side. the end. possible checks for truthfulness for example seating you then straighten leg for some other reason then observe reaction. Many more of those possible. That pretty much covers my experience which no doubt will vary from doc to doc and place to place.
  13. I got SC'ed for Lumbar Strain with radiating pain down legs. The radiating pain is a result of a herniated, well protruding disc pushing on and pinching on the S1. The only way I was able to get that done was go to the best Spinal Neurologist in our area for an IME which cost $320.00. Her CV trumped anybody they would bother with and she did a nexus for the degenerated, buldged,.....back. So my suggestion is to compile all your MRI's, Service Records, and etc and find a good specialist, show your evidence and make your case how that your current difficulties are a result of your service. I think a basic point in law is a good argument being the "Reasonable Person" belief concept in which you say would a reasonable person believe these injuries came from me setting at a desk or heavy repetitive lifting over years. I don't know all your details but hope this might help. This does not mean the VA will just say oh well, why didn't you say so! But stick to it.
  14. Hi Klue, I went to a VA Neurology Consult/IME/...and the end result to numbness bilateral thighs is a guess by the VA Neurologist that it was "some sort of pull in the groin area", this pull lasting 25 years you understand. I got a 20% rating for basically sciatica but good luck bud on the numb thigh thing. I wish you better luck on your endeavors.
  15. Very useful information and I'm sure you can see that it is just easier to encounter an experience with some information available. I think the med info is useful and will split the difference and cut off at 3 or 4 days. Many thanks
  16. I am scheduled for a lumbar exam next week and would like to hear from someone who has been through that experience in order to better know what to expect. Thank you Could not find a beeter place to post this.
  17. I'll be by the Asheville VAMC and give it a try. I can't even sleep anymore without that niose in the back ground. That is as bad as cigs, being an ex smoker, I can say the correlation exists authoritatively . I hope that kit works for me like it does for you! Hopefully it will work for others that haven't tried it like me. Strange my Dr. didn't mention this to me; instead I had to get it off hadit from you. Sad in some way it seems. Needless to say I appreciate that and will give it the whirl.
  18. jtg1966, you’ve got a lot of respect coming in my opinion! I have only gone through a DRO to this point and I can say with the economy in the miserable state it is in you and your attorney either had a great case/made a great case and absolutely had very much strength in determination. I know a little about that and my hat is off to you and congratulations!
  19. Vync, now that you mention treatment, as is my way, I have been using a small portable fan, pointed away from me, so I won't freeze solid, but is enough background sound that distracts me so I can sleep. Otherwise I'd be sleepless for years, long before I even knew there was a VA. honestly when I got out I had never even heard of the VA. Years later an old guy, me now, wised me up. Where ever you are Bless you buddy! chr49, I never gave it a moments thought since many years of never really understanding pyramading, in my case L & R Feet post surgery stuff. Everybody just seemed on board so I hopped in board and went on my merry with the masses. Actually, after all this time I believe I have a handle on it. carlie? What exactly is meant by "Subjective"? as in "Service Connected Recurrent Subjective". Or better where can I get the definition of subjective? or does that mean the standard dictionary definition: a standardized view rather than one persons view of an event. Actually I suppose that doesn't really matter since it is really just part of the diagnosis verbage.
  20. Well Vync, this is not one of those posts and you can just whip off a conclusive response. Your posts are very well thought out and require heavy research, at least to me, so I am just replying to say I thank you again and am back to the research. and not just wasting your time. I will get down to it on this one but obviously will take a few hours to fully understand how this works. The pathology of my tinitus is as follows: 1. I have heard a ringing in my ears, both ears, not really in my head, but specifically in both ears since I was moving some equipment forward of the muzzle while in a fire mission. It is just one of thosething you just expect to go away, and as fate would have it, never does, it simply moves to the back ground. If you allowed it to move forward in your attention it would drive you absolutely insane. I didn't even file a claim for it but the Audiologist noted me a tinitus postive. Beyond that I received the brown packet that included 10% for bilateral tinitus. How it was computed, under which code, though I guess I can go back to the SOC and track it from There. The award was June 2009 but was back dated to April 2008 so I don't know if it is too late to file a disagreement regarding this. More researh but I would have never even considered that aspect. In the end that is probably more important than winning the Lumbar DRO. Thank you very much!
  21. I believe I agree with you and the VA (how strange is that as bizzare as their computational rules are?} 4 and 5 for sure fall into the pyramid rules so one of the 20 are kicked to the side of the road. So we can put this one to rest as far as I can tell. Thank you guys for your generous help. 64 has to be right, given my luck and all. All I have to do now is get through the new C&P Exam for "Lumbar Severity" knowing their is a bias for dening it since that was the result last time. He did a SLR and recorded it as negative because I didn't fall out screaming and didn't pull back due to pain till it really got bad. I am just not the histrionics type but obviously that is the wrong approach, not to mention my IME said they didn't really use that anymore, which she didn't explain beyond that but since her CV is better than anyone else's I have seen, being a certified practicing Spinal Neurologist and all, I just took her word for it. Probably has something to do with having an MRI image to actually see what nerve you are dealing with and what position it is in.... Thanks for the help with closing the book on this, since there are plenty of other aspects to this than dealing with this VA Rule thing.
  22. OK I've been trying to wrap my head around this till tomorrow so I have this: 1. 30 sinus tachycardia 2. 20 lumbar (First claim submitted April 2008/denied June 2008/Denied August 2009-New DRO Grant 17 March 2010) 3. 10 tinitus (bilateral) X 1.1 = 11 4. 10 L foot 5. 10 R Foot 4&5 Pyramid = 10% total 6. 10 Hypertension 7. 0% R high frequency hearing = 90% or with pyramid factoring X 1.1 = 81% Obviously I am doing something wrong. I have the L and R Feet pyramided to 10% instead of 20%. Still the VA has me rated at 60%. I can call 1-800-827-1000 Tuesday or IRIS the quetion but if anybody can tell me where my thinking has gone wrong that would be quite helpful. The only new items are: 2. 20 lumbar (First claim submitted April 2008/denied June 2008/Denied August 2009-New DRO Grant 17 March 2010) 3. 10 tinitus (bilateral) X 1.1 = 11 granted June 2010 I have found no spreadsheets that are relevant to this and clueless for the rest of this.
  23. This is getting on the complicated side but if you can bare with me here is how I am rated and if you would please take a look and see if you think it is calculated right. I will say too that the lady at the VA was so much help if they all were that helpful there wouldn't be near the traffic on these sites as there is. She actually had never even heard of hadit and was curious as to how I even knew about it which like probably alot of us is by way of Google. Good on her, and you both. Here is the most recent rating break down: 1. Service connection for sinus tachycardia is granted with an evaluation of 30 percent effective April 22, 2008. 2. Service connection for lumbar strain with radiating pain through buttocks and down legs is granted with an evaluation of 20 percent effective April 22, 2008. Changed from granted 22 April 2008. This is the result from a DRO decision reached on 17 March 2008. (If I had it to do again I would have done exactly what I had done all these years is just plain deal with it. 3. The disability of hallux valgus left, status post bunionectomy with pes planus is changed to pes planus and plantar fasciitis left foot, status post bunionectomy with scar. The 10 percent evaluation is continued. 4. The disability of hallux valgus right, status post bunionectomy with pes planus is changed to pes planus and plantar fasciitis right, status post bunionectomy with scar. The 10 percent evaluation is continued. 5. Service connection for bilateral tinnitus is granted with an evaluation of 10 percent effective April 22, 2008. 7. The disability of atrial hypertension with cardiac arrhythmia is changed to separately evaluate hypertension and heart disorder. The 10 percent evaluation for hypertension is continued. 8. Hearing loss increase disability o% but service connected. 17 June 2009. I believe it is refering to right side high frequency. So that is all of me and that is one biateral using their own exact language. Thank you Vync, and I wish I could convey how much trouble that DRO appeal mess was to end up meaning diddly it's almost funny!
  24. Hey there Vync, you were 100% right, I just failed to give you all the required info, specifically from highest to lowest: 30 sinus tachycardia 20 lumbar 10 tinitus 10 L foot 10 R Foot 10 Hypertension 0 R high frequency hearing = 63.26 So you led me to exactly the right spot but I just hadn't put all the neccessary information. Doesn't seem right somehow but thems the rules as far as I know. Thank you Vync and to the lady at the 1000 number because she honestly took the time and effort to lead me through the process so thanks to all. Still think a lawyer is probably in my best interest given my history with that particular Dr.
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