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autumn
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Posts posted by autumn
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My initial rating in 1986 call my problem a chronic lumbosacral strain under 5295.
In 1998 the va changed the diagnosis to low back strain ,degenerative disc disease , left foot drop under 5293
The latest va papers indicate it is rated under 5243 but still rated as low back strain, with degenerative disc disease and foot drop. ( I am rated under the previous rating guidelines)
The codes seem to change as the rating guide changes and as the disease progresses and results in a new diagnosis.
lumbosacral Strains,is rated under 5237 and it appers also under code 5320
Under the present rating guidelince siatiac pain and other related nerve problems are rated using the guidelines for Neurological conditions starting at the 8000 codes....
thanks, & sorry for taking so long to get back.
i was hospitalized last summer with foot drop -- didn't realize that was ratable. glad you mentioned it. of course, no one seems to be able to tell me if it is my spine or ms that is causing the foot drop. LOL
look like the codes are correct then for the current guidelines. i'm so skeptical of the va system
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Hello Autumn, I believe the only way that you can have anything changed in your progress reports from the VAMC is to go to the patient advocate. If you write it down and explain the error , the Patient Advocate will rule on it and they have the power to change and even strike statements in the progress report.
I filed a complaint against a doctor thru the Patient Advocate and statements not relative to my treatment and after the Patient Advocate examined it further they agreed with me and had his statements stricken from the record. I do not believe you can do it any other way. It is not easy and you may run into a fine line but as I said I did it and it worked so I would try this myself. I also have other mistakes that were put in the progress reports but have not filed complaints yet. Mostly silly stuff but stuff that can be used by the VA to try and deny stuff.
Oh yes,,,, you may be able to use the CUE but that is a long shot and one that takes alot of time.
I have even used some of their stupid mistakes on my FTCA suit and 1151 because of some ridiculous statements made. Their mistakes will work for my benefit in all points so not all of VA mistakes work against the Veteran. I would contact my VAMC and get in touch with the patient advocate. Above all though NEVER GIVE UP. God Bless, C.C.
thanks Capt. as you see below to my reply to broncovet it was more to do with, i believe detrimental statements, a VSorg appeals lawyer presented to board for a past claim.
i'm glad you mentioned what to do regarding incorrect statements by VA docs and making use of patient advocates. i have made much use of advocate here. i filed a "complaint/issues" note and she sent to head of va here back in may -- never heard back from them. LOL
thanks, after i saw something on here about "truth wins", (i forget where, maybe ms berta?), giving up isn't on the horizon. those VA med errors caused many years of strange frustrations.
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If you mean an error in a "written statement" made by a doc, then you may try talking to the doc about this error.
The VA does not have any real good way to correct errors except through appeals. Sadly, this takes forever.
kinda expected that. no it wasn't a doc, it was a service org appeals rep who stated some things on record to board.
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What - exactly - is the error ?
regarding what is in a past appeal claims i showed you
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it's been quite awhile since that denied appeal. i was quite green to the VA VSOorg claims way of things back then or maybe i was told it was a dead end.
i've found a few old claims/appeals to VA via a vsorg. if one believes there has been an error in the written statements is there protocol for a veteran to get that amended or something? or does a veteran write VA with a counter statement or ??
thx
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just make clear, 4th claim, being previous 3 were denied.
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Though I am not enitirely happy with the VA I did get intervention from them that was above and beyond. The VA local director interevened on a deceased veterans claim Ischemic Heart and the claim was resolved in favor of the vets wife although the claim was dragging for over 12 months, and he put his two cents in and we were done in about three weeks. Kudos to him. The good ratings are late and far and in between, but I do have to give them credit for this one.
that is great! i'm sure this happens from time to time.
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So far my suspicions were right.
just from my own particular experiences with this, my gut is usually uneasy, though it never knows the specifics, its just uneasy.
i've never filed a claim on my own, maybe i should try it
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This blanket statement is not true.
i stand corrected, it wasn't meant to be a blanket statement. though true facts in my last particular case.
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5237 is the code for strain. Now you are better off not being rated for IVDS as a higher rating requires frequent episodes of bed rest. As far as strain goes, the regs state to rate each effected nerve separately. That may work in your favor.
IVDS Rating code is 5241.
J
having MS too, bed rest is quite a daily thing, most days. hmm, the nerve thing, i guess that could be in my favor. i have a IMO that states i have some neuro deficits due to the lumbar and cervical areas. though VA has a different take. recently submitted new documentation and old documentation for increase claim.
this will be the 4th claim in 23 years for this particular set of issues. though a first with outside IMO's (never knew i could do that until a few years ago).
so that is why i asked. honestly, i don't want to split hairs with VARO on this, just to get the most correct code(s) for me.
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would anyone know what is the difference in rating/pay between these two:
"intervetebral disc syndrome" vs "lumbosacral strain" or "back strain"?
mil medically discharged me with herniated disks
a few months later, VA switched it to back strain
over the years i have yet to have mri's that showed anything but bulging disks, severe degenerative disease, radiculopathy.
so would "back strain" be correct or would "intervetebral disc syndrome" with regards to correct rating?
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10-4 it does not come from the VA and for any one to think that the VA would say this is nuts. they have no idea what goes on at the RO. Yes their are some raters that think if you did not bleed you do not get any thing and others that are the other way. But when you have two wars and now every Nam case getting looked at yes we have a back log.
I remember back when the VA tried to get the VSO's to turn over everything even if it may hurt a claim before it would let them on the computer system. We won that one, LA law say a vet does not have to. This is where a vet shoot him self in the foot a lot.
If you do not truest your FREE and well trained VSO go pay for a lawyer
who are "they" in this case? the VSO or VA with regards to what goes on at the RO?
no doubt VSOs are way overbooked with claims which makes it even more prudent to be on hadit.com to get educated and stay on top of things
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Autumn, if you have been denied you might consider a NOVA or veterans benefits attorney. Some here have won their claims by handling the claim on their own. My daughter is SC at 90% and she hired an attorney because she is tired of the fight. So far her attorney has done a good job, we are shooting for 100% TDIU and SSDI.
i'm leaning more and more in this direction. when a VSO tells me to wait cuz we're going to give the VA the benefit of the doubt to do the right thing and then the VA wont even schedule correct appt's without a senator intervening, i really question the VSO process.
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As a veteran VSO for over eight years I have recieved more flak from the people I work for than the VA. I am in line awaiting decisions like everyone else and all my call usually fall on deaf ears. It is in development, it is at rating, and so on. Basically phone calls are a waste but you have to try and get their attention, and I do not know how. Does any one else? I have not been reimbursed ONE CENT from my organization although I get as much lip and promises from them as I get from the VA. Why do I do it? Heck the veteran deserves more and if I get no money for stamps, gas, mileage, etc. from my folks then I get I am stuck. Printer ink is expensive for me as well as faxes and so on. No I get no pressure from the VA to lighten the load. ????????????
i appreciate your efforts and service and issues. my question and issues are not directed at all VSOs but some. to me and others navigate this mine field called the VA claims system.
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certainly no proof, but i would like to ask the question as to whether the VA tries to pressure VSO's to backoff with some claims and that some VSO org's will do so as to not rock the boat with their symbiotic relationship?
that make any sense the way i asked that? anyone else ever kinda thought this?
is the recourse to file your own claim?
thx
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"after a year and half of saying they can and would."
The rep's delay has "killed" your right to appeal, unless something really unusual has occurred..
If the rep was a national organization rep, that's one thing. If the rep was employed by a state government, that's another.
You can ask the VA to reconsider, based upon "new" evidence.
You can appeal a decision within a year. You cannot "CUE" a claim until a "final" decision is made by the VA administrative process.
The reasons considered for a valid "CUE" are limited. I'd have to look at the claim decision to even begin to guess what the chances are for winning a "CUE".
You do need to talk to a lawyer.
i emailed Bergmann-Moore requesting help/advice.
it is with a NSO.
he was going to file a EED is what i meant to say. for some reason, all of a sudden, not.
we'er still waiting on the secondary issues to be signed off on. supposedly they have been rated, just not signed off on, so they informed me. NSO dosn't know why it is taking so long, they just keep telling me to wait. RO may have granted secondaries and they may not have, i don't know yet. i didn't feel like i could keep waiting to file the other claims by waiting and waiting on the secondary issue rating, so asked the NSO, if he agreed. to file for the new stuff. he agreed, filed, and said he was filing for EED too. that was a few days ago.
they asked today if i had filed for a MS claim prior to 2008 and I said not for MS cuz the VA kept saying all these years i didn't have it so how could i have filed for MS? the navy med records showed clearly i had MS back then, so they SC'd me in 2008. they said since i hadn't filed for MS sooner they couldn't do a EED. well, they just all of a sudden think that?
just wondering what changed all of a sudden for the EED request. i don't want to speculate cuz i'm too close the issue.
trying to get my ducks in a row before i speak with him mon again. hard to know who has my six and who doesn't, but that's me.
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i suggest you contact Bergmann-Moore.
Basser
have you used their services before? they really offer "free" advice? thx
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all of a sudden, my rep now says they can't file a CUE or ED. this after a year and half of saying they can and would.
i recently requested him to file for SC and increase on two other health issues unrelated to the CUE/ED thing. i did this because the RO is taking so long to sign off on secondary symptoms related to MS. he agreed. as early as last week he said he was filing for CUE though he had wanted to wait to see the secondaries ratings first, but that it was taking so long he was going to file CUE.
so today i'm told they aren't going to do it because they have no evidence to support it and wanted to know if i did, or something to that effect. why all of a sudden?
so i come here to ask how one files for CUE/ED? i'll do it myself since it seems i basically do it all myself anyways. yes, i'm a bit ticked that all of a sudden they tell me this.
thx
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i look at the entire claims process kinda like going through basic...once you see through the stress then and only then can you properly function!
yep that is true. though i will add, all mil basic schools have time frames, VARO's have no time frames in place -- can take a few months to many years onto black holes.
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These are just a few of the many reasons why it is so painfully stressful:
(IMHO)
1)You know you are right, they are wrong
2)They overlook clear evidence that is already in your SMR's, put in by military during active duty
3)They treat people badly, like they have no heart, no soul (a number)
4)They make you feel like you are fighting a criminal conviction
5)The VA is so slow, many people are scared they wil die before their case goes through
6)The VA is setup so it takes a minimum of 2 years to actually speak tto someone face-2-face to explain your case in your own words
7)It appears a Disabled Veterans needs training in both medical and legal just to file papers and speak V.A., B.S.
8)If the Veteran does get legal help, often the help isn't as helpful as hoped or needed.
9)The rules seem to be encrypted, hard to find, hard to understand, even to the educated in such matters as Disability Law, etc.
10)If the Vet has suffered in pain, from a little to unbearable, the VA adds much greater stress.
11)The financial hardship, especially if the Vet is unable to work, destroys quality of life, family. This usually is forever. Even if corrected by appeals.
12)Most the time one must go through years of appeals.
13)If one does win appeals, the phsycological damage is there forever, even after the win.
14)Some VA letters Vets receive from the VA, can be devastating, and cause Disabled Vets extreme greif.
15)The sick, disabled (or both) Vet usually has to find a specialist doctor on the outside, to write an IMO. These can be extremely expensive. As, most the time, the VA doctors will not write IMO's.
16)The disabled Vet finds out they could have done something better, missed soem step that would have made the process much much better, and gets screwed out of many years of medical help, financial help, family benefits, and a very long list of items and benefits which the Vet legally should have gotten a long while back, and will most liely never recover what could have been the whole time. (and the VA knew damned well the Vet was legally entitled but never told the Vet).
more coming..
i'm glad this was posted. again, it helped me to see in words what, for whatever reasons, i can't express verbally or write down, in a few sittings. it will help others too who drop by this topic and hopefully lessen their VA stressors
i suspect,with all the new veterans making their way home now and in the near future, the VA claims systems will not have changed, maybe even get worse?
i vote for mass demonstrations by veterans and their families(care givers) at VAROs. has anything else worked? veterans in the past were forced do so and got some changes.
at least we have this forum to help each other and share knowledge and stuff. way more than we had some few years ago.
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I hear ya brother or sister. It is a struggle now, before the internet it was just unexplainable.
Quote from my About Page:
thank you for the post. actually i can relate to your story, really. it helps. a little about me if ok. maybe it helps someone else.
-lived with untreated/undiagnosed MS for 22yrs. VA acknowleged it only after IMO
-years the VA sends me to shrinks for most things as, "its all in your head, man" or "you have something but we can't see what"
-tried suicide twice over 20yrs ago. boy did the VA use that to their advantage. pretty dark time back then. too much drink and too many weird body aches/pains. quit drinking then
-stumbled onto hadit.com and started gathering records and learned of IMO's.
-followed through on many suggestions from hadit.com
-filed for C&P to get a diagnosis
-got diagnosis and out of the blue, examiner wrote "service connected"
-VA service connected me for MS in 2010 and "considered the matter closed". now waiting on secondary condition ratings, had to get congressional help to get the appropriate medical appoints for that too. VA/VARO mentioned they just didn't know that much about MS here or so the examiner told me in not so many words.
- got SSD no questions asked after seeing medical records. wonder what they see that the VA won't see?
-over a year now, and no ratings for MS secondary conditions
thanks for the posts here folks. its a bit therapeutic and informative to put things into perspective. maybe it'll help another
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The VBA only cares about money. Many VA employees believe it is their God given duty to deny vet's claims because they have been taught by their elders that most vets are frauds and freeloaders. Do you wonder why it takes years for SSD or VA benefits? They are hoping you die before you collect. Our mission is to evade and avoid their paperwork traps to get to the goal. I have always looked at it that way even when I was losing. If you blow your brains out before you win your claim a little bell rings at the VARO. Another one bites the dust....high five!
sure seems that way. no intention of quitting this fight, which a fight it is. this fight does have collateral damages. health gets a bit worse, friends leave, relationships go by the wayside, etc. too late to give a 'sh!t' about such things for me.
that sure seems like that is their mission, as their actions back that up. though they smile and talk junk, their actions speak otherwise as you say and have experienced.
this happens to soo many veterans for soo many years.
well, the public is now storming banks and protesting, how much longer will it be before veterans do the same at VARO's?
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It's so stressful because:
The quality of the rest of your life depends upon the outcome.
You were promised that they "had your back" if anything bad happened, yet you must sacrifice and live like a peon for months and years to get your due.
You are made to feel like you're a lying thief because you can't work.
Others are envious that you aren't working and some want you to "prove your case" with them.
You can't trust the medical personnel and government workers you've been led to believe are there on your behalf.
You must become an amateur attorney at a time in your life when you may be ill-equipped to take on that task.
Your body/mind aren't functioning well and you might become incapacitated/homeless before the process is complete.
Just a few reasons I can think of.
HANG IN THERE!
very much what i was trying to get into words. as you know my foot dropped recently due to ms exacerbation. 3 months later and i still don't have a foot brace. had to get a pt advocate to get a doc to write a rx for it due to run around at va (my perception). so yes, i do worry about the future and who/what can one rely on besides the va when stuff hits the fan. non va support costs money, so again, a bit of a stressor.
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Let's not forget, that when they became overloaded with claims and paperwork, instead of hiring more people they decided to criminally (but never charged!) to SHRED DOCUMENTS at almost every VARO. Disgusting, un-patriotic, un-american and just plain wrong.
not all mind you for i have met some great people at some va's across the country. BUT, when it comes to filing claims and seeking help from VA for such matters, i''ve met some the most adversarial stonewalling folks in my life. and there is absolutely no reason at all for it. you folks know what i'm speaking of too. and yes, i really would venture to stretch the word, "criminal" to some areas of the organization due to i don't have another word in my brain to describe it.
"intervetebral Disc Syndrome" Vs "lumbosacral Strain"
in Eligibility - Veterans Compensation Benefit Claims
Posted
good info. going to a new VA hospital for in-stay 3day C&P at a SCI/D hospital clinic soon. hoping this is a good experience and get things correctly listed versus the past VA experiences that dodge things, if you know what i mean.
thx