Interested

I am a bit confused so please bear with me ... I understand that you are being compensated at the SMC L 1/2 level, correct? If so, why is Individual Unemployabilty an issue? If you are at 100% for another condition Meniere's Disease?), the issue of IU is moot (unless there is something of a historical nature that I'm unaware of). On what basis are you applying for an additional 100%? You seem to have a good handle on SMC so you probably already know this: an additional, independent 100% grants a step increase in SMC, or perhaps in your case to SMC L 1/2 (if you aren't pursuing an increase for PTSD) from 38 CFR 3.350(f)(4) http://www.benefits....ART3/S3_350.DOC

Without treatment records from the time you separated from service to the present, there is nothing to show "chronicity". Apparently, the Service Medical Record showed a one-time event and you recovered with no problems, particularly since X-rays at that time were negative. It's like the troop who had a knee strain in service and applied for service connection over Ten Years After (great group BTW). While he claimed that the knee strain had devastated his life (really, he did!), there were absolutely no following treatment records for any knee condition, that is, until he had an work-related accident at his work place and heavy boxes fell on him - five years after separation.

See, this is why Rating Decisions can be such fun ... documentation coming in multiple times, out of order, and so forth. My assessment is made without review of your Service Medical Records ... I'd defer a rating for TBI (spinning) and PTSD to deconflict the symptoms. Note: the TBI diagnosos was made by an audiologist and I want a neurologist's evaluation here. My quick review of the various examinations showed overlap in symptoms of TBI and PTSD. Solicit a claim for a few other conditions. Based on what I believe you claimed, my evaluation (exclusive of TBI and PTSD and the solicited items if you choose to formally claim them) would be in the 60% range. Again, that's what I'd do without the benefit of review of your Service Medical Records.

I'd like to address why you believe your rating will be reduced ... Do you have reason to believe that the VA will propose to reduce one or more of evaluations sometime in the future? Do some of your issues on your Rating Decision have a statement similar to: ... as this condition may improve, a future examination has been ordered ? Is there a statement somewhere on your Rating Decision or notification letter to the effect of his rating is permanent and total ? Note: despite this statement, permanence really doesn't exist until that magic 20 year point (other than amputations, LOU, etc). ref: 38 CFR 3.951(b) http://www.benefits....ART3/S3_950.DOC FYI, the rule on reexaminations is 38 CFR 3.327 http://www.benefits....ART3/S3_327.DOC . The rule on Revision of Decisions for compensation is at 38 CFR 3.105(e) http://www.benefits....ART3/S3_105.DOC . The rule on Reductions and DIscontinuances (Veteran) is at 38 CFR 3.501(g)(2) http://www.benefits....ART3/S3_501.DOC Note: I cannot provide a citation at the moment to support the following, but ... an evaluation based on a re-examination if the reexamination findings are the same as were used to assign the original rating. (yeah, I know, that was really badly written). What I'm trying to say, I guess, is that if a particular medical finding(s) was/were used to support a particular evaluation (even if over-generously), and that the same finding(s) existed on re-examination, I can't propose a reduction. (that wasn't much better, but I hope you get my drift).

I am not trying to tell you or convince you to do anything ... but I believe it will be difficult if not impossible to overcome dateof receipt of claim from 38 CFR 3.400 (a)(b)(2) http://www.benefits....ART3/S3_400.DOC . Unless there is some kind of record within your claims file noting your attempt from that date (38 CFR 3.400(a), I can't see where you have a claim for an earlier effective date. I have seen some Board of Veterans Appeals (BVA) Decisions which in many ways are similar to your situation and the BVA would not award an earlier effective date. Unlike what most posters here fervently believe (or fervently need to believe), not everything the VA does is a Clear and Unmistakable Error (CUE). I'm not saying that whatever is done is always equitable or fair by your lights, but that it may be legal. I don't see your local VA Regional Office (either the Rating Veterans Service Representative or Decision Review Officer) agreeing to the earlier effective date. While I personally don't believe that the BVA will support an earlier effective date, I have seen the BVA do some pretty screwy things, and based on some pretty tenuous evidence at that. It is the veteran's right and choice whether to file any claim or disagree with any decision and you are entitled to request an earlier effective date. However, since there was no decision based on your interview in 2002, you can't have a CUE. Again however, for lack of a better term, I don't know what to call this so you might as well claim a CUE if you proceed.

Did you file a claim for service connection for asthma when you were boarded out of the military? When did you file your first claim for asthma?

Based on what you wrote in this and your earlier messages, and a little knowledge of the Rating Schedule, it's not likely that the bilateral factor has any bearing in this situation. Unless, of course, there's something else ....

Each bit of information makes this clearer ... almost like having full access to your claims file and being able to read it. In any event, based on what you've written, I presume you are a boots-on-the-ground Vietnam vet; you have been diagnosed with CAD/IHD; and, you initially filed a claim for service connection for CAD/IHD in 2002 (or have an implied claim from that date); your claim was resurrected (or transferred for processing under Nehmer); and, you are potentially eligible for retroactive disability compensation under Nehmer from sometime in 2002 .... am I correct, more or less? Anyway, it is still not clear to me whether you have received a Rating Decision based on the disputed examinations/information from 2008 and 2009. Have you already received that Rating Decision? If so, a NOD is the way to go. If not, you have nothing to disagree with - yet. However, your situation would not be a Clear and Unmistakable Error (CUE) because a CUE is a mis-application of the laws. From what you wrote, it appears to me that the laws, based on the evidence at hand, were applied properly. So, the NOD is the better way to go. FYI, a C&PE is in most cases but a snapshot of a veteran's condition at that moment. Again in most cases, unless a Rating Veterans Service Representative (RVSR) has something else that states that those examinations were invalid, the RVSR still has to go with the examinations; otherwise, the RVSR would be supplying his/her own medical diagnosis. So, unless that C&PE from 2011 mentioned that those examinations were invalid, I'm afraid that the examinations likely will stand. With those erratic exams, an RVSR likely would: (a) have to rate the claim with the evidence at hand; or, (b) delay the claim even longer by sending the claims file back to the last examiner to state whether the previous two exams were valid/invalid; or, © do some fancy footwork to state why the disputed exams were invalid; again, this verges on supplying a medical opinion. FWIW, when a nurse practitioner (CNP) says something that is in the veteran's favor, that CNP is caring, compassionate, and really knowledgeable. If the CNP states something negative, or with which the veteran disagrees, the CNP is superficial and incompetent.

Gee, the silence is deafening ... First, is this a recent Rating Decision? What was the date on the notification letter? If the Decision is dated within the last year, a Notice of Disagreement (NOD) would likely be better - and perhaps quicker - than filing a Clear and Unmistakable Error (CUE). Unless of course, ya just gots ta' have a CUE to fulfill some inner need. If everything actually is as you wrote, and all the alleged medical evidence is of record in your claims file, this is how the evaluation for coronary artery disease (I presume) should run: 2002-2008 : 60% because of EF between 30 and 50%. 2008-2009: Reduced to 10% because of METS greater than 7 but not less than 10. 2009: Reduction to 0% because of METS greater than 10. 2010: Increase to 60% because of METS greater than 3 but less than or (or, EF between 30 and 50%) While I admit your medical findings are all over the chart, you'd need some other evidence to countervail or overcome the C&P examinations from 2008 and 2009 that you dispute. You might need your own Independent Medical Opinion (IMO), based on a review of all your treatment records, that those C&Ps were invalid. As for Would a rating in 2000 that show 40% and a new award at 60% no bet = 78% , the actual number depends upon whether that 40% is a single 40%: several disabilities that combine to 40%; whether the bilateral factor comes into play, and so forth. However, almost any way you compute it, the number is 75% or greater, which rounds up to 80%.

Frankly, your situation does not occur that often ... However, rather than guess or expostulate whether this gentleman qualifies as a veteran, how about looking at the book? The governing regulation appears to be 38 CFR 3.6 ( c) (4) http://www.benefits..../PART3/S3_6.DOC , based on Title 10 Chap 103 http://uscode.house..../pls/10C103.txt . That's where I'd start looking.

I agree ... the cutoff for this year has passed. FWIW, I believe that even getting your request in by the end of July is still cutting it pretty close, because the request has to be completed at the VAMC and then go over to your friendly neighborhood VA Regional Office for action. Download VA Form 21-8678 http://www.vba.va.go...rms/21-8678.pdf , complete it, and either mail it or take it to your local VAMC Prosthetics Department. Myself, I'd take the form in if at all possible so I can talk to the person running that segment of the program. I'd ask them to make the allowance permanent, instead of having to apply every year.

If you are thinking that 3 months is a long time, it t'ain't. In the great scheme of things, an inter-agency records request can be relatively "fast", that is, along the lines of 1, perhaps 1 1/2, months, to receive the records after the request had been electronically sent by the VSR. Upon arrival at the VARO, the SSA records are placed in the pile to be associated with your claims file. Depending on the size of the VARO and the amount of mail it receives, this may be as little as 1 week and mebbe 2+. Then, depending on whether any other requested information has been received, your claims file may immediately go into the Ready-To-Rate pile. Right now, we may be at the 2 month mark. However, if other information had been requested but not yet received, perhaps from previous employers or private physicians, the claim may wait until the "diary date" had expired and then forwarded as Ready-To-Rate; this may mean a couple more weeks or so. Once your claims file is in the Ready-To-Rate pile, your claim is but one of many in line and has the normal Rating and post-Decision process. So, three months isn't really "old. I don't want to speculate, put your claim may well be progressing at its normal course.

As far as the VA, do I need to be rated first or diagnosed by them before I can seek treatment there? You don't have to have a VA-rated disability to get treatment at a VAMC. However, if you want it free, that is, without cost or co-pay .... Information about VA Medical Care eligibility can be found here: http://www.va.gov/he...eligibility.asp . At this moment, and without knowing anything more about your circumstances, I'd say your initial priority would be Group 8. However, this would change rapidly once you receive your Rating Decision. However, you earlier wrote that you're retiring from Active Duty ... is that correct? If so, you understand you are automatically enrolled/eligible in TriCare Standard; "all" you have to do is find someone who accepts TriCare. You also are eligible for space-A treatment at a MTF, if close enough.

if an active duty guy is in Afghanistan and finds out his wife has been murdered back home could this be used to claim depression or some other mental health disorder if the guy has a nervous breakdown. Yes. Basically, the precepts of 38 CFR 3.303(a) apply. When I was in Nam a guy shot himself due to getting a Dear John. He survived, but would his wounds and disability be service connected? Perhaps. It would depend on all the facts and circumstances and what the Line of Duty Determination stated.

Am I wasting my time claiming this, since it wasn't military related (even though I am still active duty until tomorrow)? No, you are not wasting your time although I'm not sure whether S/C for PTSD will change much. I have already gone through my C & P exams (VA diagnoses: Axis I: Major Depressive Disorder, recurrent, severe, without psychosis GAF of 50). Will they deny my claim, since I have been diagnosed by the VA with that diagnosis? No, "they" won't deny your claim on that basis. You understand though, that if PTSD is service connected, you will not get a separate psychiatric disability. That is, the current disability might change to: Major Depressive Disorder, recurrent, severe, without psychosis with PTSD, or PTSD with Major Depressive Disorder, recurrent, severe, without psychosis. How do I add that to my claim if I should, since I did Benefits Delivery at Discharge (BDD) approx 3 months ago? At this point in time, I'd recommend you wait until you get the initial Rating Decision. Then, send in a VA Form 21-4138 with the claim, dates and location of treatment with a claim for increase. For me, it's not all about the money, like some people I literally know. I really want to make sure I can get treated for this long-term. The symptoms of many psychiatric conditions overlap. If you are awarded service connected for Major Depressive Disorder, I believe you'd be covered.

Will i be able to get atemporary 100% for convalsent leave? Maybe. Will my rating go down because the hernia was repaired. Maybe. It all depends on how successful the surgery was. What type of paper work am I supposed to submitt, if i am able to get the temporary 100% and how long am i suppose to be off of work to qualify. After the surgery, send your VARO a VA Form 21-4138 with the information about the name of the procedure, date, and location. If the surgery was at a VAMC, the VARO can get the surgical record and treatment records. If the surgery was at a civilian hospital, you yourself can either get the surgical record and treatment notes and provide them to the VARO, or you can ask the VA to request them. Information on convalescence is at 38 CFR 4.30 http://www.benefits....PART4/S4_30.DOC . Generally, the surgeon must make the recommendation for how much convalescence, unless there is a specific convalescence listed in the Rating Schedule. FWIW, open fundoplications from way back when really qualified as major surgeries. Now, with endoscopic/laparoscopic fundoplications, the procedure is still 'major', but far less debilitating as before. just want to know what my option are before the surgery? Would you change your mind for anything but a medical reason?

I am stunned that they failed to consider you for TDIU- (snip) . You don't solicit a claim for Individual Unemployability unless the evidence indicates (or, sometimes merely suggests) that a veteran is unable to work because of a service-connected disability(s). Guessing whether a veteran can or cannot work, based solely on a mere disability percentage or perhaps a particular disability, is not the way to go.

1.) I have read here that the VA has to follow the thread of everything claimed to look for SC. Can I, or should I try to "simplify" or ammend my claim at this time to only the PTSD and IU? I wouldn't recommend it, because you may not be service-connected for PTSD. It's best to keep your options open. 2.) Does asking to expedite just put it in another pile and possibly even slow it down? No, but merely asking won't expedite it. To expedite your claim, you must have a proven terminal condition; or, be homeless; or, be a POW; or, be an OEF/OIF veteran; or ... several other situations that I can't recall at the moment. 3.) I have NOT been scheduled for any C&P exams. I did have on record at the time of the claim two recent assessments from VA psychiatrists for PTSD. Do they sometimes skip the C&Ps? Well, a C&PE is not absolutely necessary if "the evidence of record is adequate for a rating decision". However, generally a C&PE is required, if I intend to grant service connection. And, before I schedule a C&PE I have to have some good feeling that I could grant service connection, otherwise I'd be wasting an exam slot. Note: if you gave the VARO sufficient identifying information about the traumatic event, the VARO may be trying to get the deck logs from your ship to verify what happened. Or, maybe they're not. 4) I also read recently on this site from Pete53 "...You might ask for a pension to tide you over. It only takes about 3 months to get a pension, the only thing is you have to serve during a war period ...and have medical evidence that you are disabled." I will be 65 shortly, is there anything I can do about the pension part of this? Technically, a claim for compensation is also a inherent claim for pension, and a claim for pension also is an inherent claim for compensation. As an earlier poster stated, you are a wartime veteran so you meet the initial qualification. Additionally, if you are confined to a nursing home, or over age 65, you "automatically "qualify" for VA pension. You understand that qualifying for VA pension and receiving any monies for VA pension can be different. The normal maximum VA pension payment for a single veteran is $11,830 a year or about $980 a month. This amount is offset by any other income (taxable or non-taxable) you or your spouse might have; additionally, your assets or estate are considered. However, there is an adjustment for medical expenses.

Sorry for the delayed response. I don't do much in life anymore but I manage to stay remarkably busy not doing much. I'll answer the questions I think you asked of me, and comment on the others. My cfile, as it's called, should contain everything they have up to date, correct? Including all of my C&P exams? Yes, that's the drill. If you submitted it, or you told the VARO of the existence/whereabouts of sumpin, or it was generated by the VA, it should be in your claims file. Can I just go get a copy of that, review it and then see what they are missing and then collect the additional information that I deem pertinent? Yes, you could do that. However, it isn't always as easy as you might think to just get a copy. Also, to make a copy of the C-file - or for you to review it, the file will have to be taken out of one pile of records and placed into another pile. THIS MAY TAKE IT OUT OF THE RATING PILE AND THERE IS NO GUARANTEE THAT THE C-FILE WILL RETURN TO THE SAME POSITION IN THE PILE! Sometimes, it doesn't help to be too proactive. At this stage in the game, it might be better (whatever that means for you) to wait for the initial decision and hope that all the information was considered. Of course, it's your choice. Now, on to the comments, some were yours and some the other guy's That's what I'm thinking. They told me it's like a jumpstart of sorts, since I filed before I got out. If you sent the VARO the operative report and/or the treatment records about the the additional disc herniations, your claim no longer qualified as a "QuickStart". When the C&P examiners write "At least as likely as not" or "Likely" that the conditions manifested or worsened during service, those are key phrases that will more than likely cause the rater to grant service connection for. For your initial claim this soon after separation, unless you are claiming service connection by way of aggravation of a pre-existing condition, the terms ' ... at least as likely as not ... ' or ' ... more likely than not ... ' are not necessarily that helpful. The key is, no matter what anyone says here, can be found in 38 CFR 3.303(a) http://www.benefits....ART3/S3_303.DOC . However, if you are claiming - for the first time - a condition many years after your separation, those above terms are very important. Looking over his records, it is listed in multiple annual physical exams "chronic low back pain" . Unfortunately, anecdotal evidence such as this really isn't too valuable without any other treatments or diagnostic tests. That is, a troop can say anything and the examiner simply will write it down ... but that does not necessarily make it true. Now, in the situation you described for yourself, your complaints resulted in an MRI and a diagnosis. [quote nam e='Colt' timestamp='1314289640' post='254707'] Interested, if you don't mind I'm going to use your way of responding. It makes it much easier to read and if I try to multiquote it denies me saying I've quoted too much. So, while a claim for convalescence because of surgery in a VAMC MAY result in an automatic claim, I'd still recommend you notify the VARO and claim it. My cfile, as it's called, should contain everything they have up to date, correct? Including all of my C&P exams? Can I just go get a copy of that, review it and then see what they are missing and then collect the additional information that I deem pertinent? Well, in the general course of affairs, the surgery is expected to improve the condition, so the pre-surgery VAE might be be unduly negative. And, normal post-operative items such as wound pain/discomfort during healing or "guarding" might mask the true result. I agree. However, all of my other issues still exist and wouldn't have been affected by surgery. I don't mind them lowering a percentage if it got fixed. In your situation, if I had been made aware of the additional disc impingements, I might question how valid the findings from the earlier exam were and order a more recent exam; however, this will keep the issue open that much longer. Or, I might just rate it and let you appeal. I see your point. I'm trying to take this as relaxed as can be. I stress far too often about things and this would just be one more heaping pile of crap to add to the list. I've got the time; the frustrating thing is not understanding everything. Thank you for the links you've provided. I'm going to go through some documents and see what I come up with in regards to my claim. @ Timestamp Quick start claim? I guess that's a new pilot program that ain't so quick? That's what I'm thinking. They told me it's like a jumpstart of sorts, since I filed before I got out. When the C&P examiners write "At least as likely as not" or "Likely" that the conditions manifested or worsened during service, those are key phrases that will more than likely cause the rater to grant service connection for. Unfortunately, I didn't see any kind of phrases like that in my exam that I received. However, once again, there was a lot of stuff that wasn't mentioned in the C&P that I claimed and actually have issues with. Buddy of mine recently got his C file, C&P examiner noted chronic low back pain worsening with movement and how it affected him physically, then on the last page stated there were no records of an in service injury. Looking over his records, it is listed in multiple annual physical exams "chronic low back pain". I don't have an in service injury though either. There was no specific event for me. It was multiple events that occurred along with the weakening of my discs that would set my back off that would send me to the doctors to get checked out (e.g., lifting a printer, tug of war on enlisted day, running). Eventually after the 4th year of going in for back issues they sent me to get an MRI and that's when they noted all my 'issues'. My claim has A LOT of items listed. So much so that when I look at it I feel like at my age I should be broken (did I really go to the doctor's that much?). Granted one issue has secondary issues or other things that are associated with it… still, I feel like it is too much. When I went to the DAV they did add things when going through my file that they wanted to put on there to get SC since later on if it worsened it could be claimed. I didn't embellish at all when I went for my C&P although I was told to act like it was a bad day (even though for my back, it really was). I'm very much a liar when it comes to how I feel. If you ask me how I am, I'll tell you fine, even if I'm not. I tried to be as honest as I could that day, but I still get shy and tend to act better than I am. I can't help it, it's who I am. In this case, I very well could have done a disservice to myself. However, I can't undo it now. In the end, I'd just be happy if my amount covers my bills. I have 5 specialists that I go to and at $30 a pop, it adds up quick as I'm sure most of you know. One of my meds just cost $205 (after insurance) for a 3 month supply. It's something simple… eye drops, but it's something I need. I'm still young (I think ) and can work; so one day at a time is okay with me. I'm trying not to overwhelm myself. I'll see about getting the cfile and getting back with you guys.

First, is this your: (a) initial claim for Adaptive Equipment; or, (b) has that benefit already been granted in an earlier Rating Decision and this is a request for payment of something? There are a coupla reasons why a particular claim may have been sent to the Maine VA Regional Office (Togus?) (a) As was mentioned earlier, your claim may have been "brokered out" for a specific decision to a VARO that currently has some excess capacity. (b) Is it possible that your claims file is at Togus instead of Montgomery? What I'm trying to say is that if a veteran moves, and also does notify the new RO that he/she has moved, that does not necessarily mean that the claims file also transfers. The VA does not automatically transfer a claims file (and jurisdiction) unless there is some reason, such as a claim for increase or the veteran requests it. So, was your last Rating Decision made in an area that Togus may have been responsible for? If your claims file is at Togus, any request for payment for adaptive equipment or the automobile grant, that is, either a VA Form 10-1394 or VA Form 21-4502, would be forwarded to them for action. © I recall a proposal several years back to consolidate some types of Rating Decisions at certain ROs. Although I won't say that an initial claim for Adaptive Equipment or the Automobile Grant is unduly complicated, perhaps this is one of those situations. (d) And, as far as DID THEY MAKE A MISTAKE , that is always possible. But, all in all, it's likely item (a) above.

I don't know if the 100% is something that is automatically done or if I have to apply for it. If the surgery was done in a civilian hospital, your friendly neighborhood VARO has no way of knowing about it ... you need to apply. For procedures done in a VA Medical Center (with a close-by VARO), I recall a daily report that listed hospital admissions for service connected conditions. "Someone" would usually review this list and determine whether any additional follow-up or action was needed. So, while a claim for convalescence because of surgery in a VAMC MAY result in an automatic claim, I'd still recommend you notify the VARO and claim it. I have seen folks apply for convalescence based on surgery next month. However, you can't do a Rating Decision prospectively and you must wait until the surgery has been done. On that note, it almost seems more like a hassle to me to go through all that. Although a rough time, I was pretty fortunate with everything. That's your call - there's no requirement to file. Lastly, if you wouldn't mind, could you elaborate a little about not putting value on the C&P? Would the surgery kind of null and void everything? Well, in the general course of affairs, the surgery is expected to improve the condition, so the pre-surgery VAE might be be unduly negative. And, normal post-operative items such as wound pain/discomfort during healing or "guarding" might mask the true result. In your situation, if I had been made aware of the additional disc impingements, I might question how valid the findings from the earlier exam were and order a more recent exam; however, this will keep the issue open that much longer. Or, I might just rate it and let you appeal. FYI, intervertebral disc syndrome is evaluated under either of two sets of criteria: the General Rating Formula, or Incapacitating Episodes at 38 CFR 4.71a http://www.benefits....ART4/S4_71a.DOC The Diagnostic Codes (DC) for back problems are 5235 through 5243; Intervertebral Disc Syndrome is DC 5243.

No matter what you might think, I am not your enemy. If you will note this was the FIRST RATING DECISION WITHIN 3 MONTHS OF GETTING OUT OF THE NAVY.C&P and RATING. POINT OF FACT__S/C for both . And my response is ... yeah? So? What does this signify, that is, what specific point are you trying to make? THE RATING FOR sinusitis and vasomotor rhinitis ARE SEPERATE ratings . No kidding ... really? So what? Actually, you are not service connected for a Diagnostic Code but for a condition and the resulting disability; the narrative or description of the condition is far more important. The DC, in some instances, can or must be chosen to evaluate the condition most accurately. If vasomotor rhinitis were your only service connected nasal condition and the VAE showed no polyps or obstruction (even though you state there was a nasal septal ulcer), it would be appropriate to apply DC 6501 and assign a 0%. However, you appear to have two service connected nasal/respiratory conditions which were service connected and combined into one narrative, for example, "Maxillary sinusitis with vasomotor rhinitis" because the sinusitis was ratable at 10% under DC 6513 and the rhinitis was a 0% under 6501. With the above narrative example, you ARE service connected for both sinusitis and vasomotor rhinitis, no matter what Diagnostic Code is used. Then, if obstructive polyps develop at some later date, you could apply for increased compensation and the vasomotor rhinitis would then be broken out as a separate line item, and the 10% assigned if appropriate. I have seen similar claims addressed in two ways, that is, sinusitis and rhinitis as one issue, or sinusitis and rhinitis as two issues. I suspect this might be for for widget counting purposes, for example, an RVSR would create a separate issue for rhinitis if separating the two results in 8 issues on the claim versus 7 issues. Eight rated issues results in one "point" toward production, whereas 7 issues rated results in only 1/2 point. I'm basing this on what you've written and with only what information you've chosen to share. From what you've written, it does not appear to me that you have a basis for a CUE; there could be another issue but I am not sure whether it would result in any additional compensation. However, you are certainly entitled to file a CUE if you so desire; I shan't repeat my earlier comments because those seemed to get a whole lotta folks' panties all bunched up.

Once again, I think so. On my C&P exam it shows that he did an amendment to it showing that I had surgery. You need to learn that the VA is many things. There is the Veterans Health Administration (VHA, the VA Medical Centers, where the great majority of C&PEs are done) and there is the Veterans Benefit Administration (VBA, the VA Regional Office, where decisions on service connection and compensation are made). Unfortunately, they don't always speak well together. So, even though the VA examiner made a note, I recommend that you send in a copy of the operative report if it was done at a civilian facility, or if it was done by the VA, tell the VARO where and when. If I had surgery post getting out, then I would get 100% for the time that I was required to bed rest and then reevaluated to drop down the percentage? Yeah, that's pretty much more or less the case, except it's not specifically bedrest but convalescence and inability to work. It also helps if somewhere in that pile of papers the surgeon made a specific recommendation to be off-work. FWIW, I myself wouldn't place a great deal of value on a C&P for a lumbar back that was done either immediately before surgery or relatively shortly after surgery. And, in light of the continuing problems you report, it might be better to request a new C&P even though you have not yet been rated. However, there is a risk to all of this in that it may - will - delay the claim even more, if possible. So, you can: (a) continue on as-is with the information available, and after you receive the Rating Decision, submit a claim for increase with the additional information., or, (b) submit the additional information and hope (note: it might, but I won't guarantee, shake the claim loose. I can't advise you which way to go.

I will say it again ... I don't believe you have a Clear and Unmistakable Error (CUE) because: S/C for both . So, you are telling me that you have in point of fact been service connected for both sinusitis and vasomotor rhinitis since this Rating Decision in 1971... is that correct? I asked you earlier what was the percentage of obstruction noted in the C&P of 1/5/71 but you did not provide it. So, what was the amount of nasal obstruction from polyps at that time? Likely, there were no polyps or obstruction noted ... is that correct? So, both sinusitis and vasomotor rhinitis were service connected and incorporated into one issue because the rhinitis was not separately ratable. However, that does not mean that rhinitis wasn't service connected (which appears to be the case from your statements), and that it couldn't have been broken out into a separate issue if or when it became separately ratable. Apparently, the nasal septal ulcer was addressed and denied. You had one year to appeal that decision ... did you? And, when you did develop nasal polyps sufficient for the 10% you seek, did you file a claim for increase?

This is an opinion, correct? http://answers.yahoo...13085329AATcows