rese

Berta & HADIT community, Points well taken. To the question " Do you have medical evidence that this hand disability causes affect to your elbow and/or shoulder of the same arm or that there is and any other significant disability due to it?" I answer yes, however it is not documented. Does anyone know the name of that condition when your elbow locks up? That’s something I need to add. My point is I think this is seriously underrated with existing documentation showing disease tumors as recurrent, active, progressive, debilitating, inoperable, permanent, degenerative and excruciatingly painful. And your statement "The chances in many cases is that the vet should probably be rated higher anyhow." is revealing. In addition, even without most of that, aren’t active progressive tumors supposed to be rated at 100%? This 30% rating is only for pain and scars. I can't find anything appropriate in the schedule that fits my condition, maybe I am overlooking it, or maybe they need to make something up? I am going for the TDIU Well, I call on the expertise of the HADIT community to assist me in locating the diagnosis code. If it exists. rese

DON20906, What can I say? Well, I can say some here a sort of informal experts that opine within their expertise, not pretending to be RVSRs but contributors of positive or negative advice based on what they are given--no more, no less. Thank you for your input. rese

OK Berta, DON20906, Vets & Friends at HADIT, Thank you for your rapid input and quality responses. I think the two viewpoints presented thus far have a high degree of contrast. On one hand, Berta, I believe, is looking at this question of IU primarily from a subjective perspective. On the other hand, DON20906 is primarily objectively quoting the Regs. The regulations are clear regarding the % qualification cutoffs; this is why I provided a combination of subjective and objective data for a weighing of the preponderance of the evidence given here. On balance, what I am trying to get at is an idea of what to may happen as they synthesize this documented subjective and objective evidence I presented here. Can you opine as you consider the evidence objectively and subjectively? I understand the reasonableness of extraschedular is, in fact, not too reasonable, therefore, as VA considers the NOD... 1. If I apply, might the evidence raise and promote a satisfactory rating for TDIU? 2. Your thoughts on "loss of use"? 3. If this was you, and you applied for and were denied TDIU, how effective do you think a VocRehab program could be? Berta, your experience and ordeals are extraordinary! Thank you for your expertise rese

OK, my fellow Vets and friends, I need you insight as I hope to learn if IU is a realistic option to apply for or not. I am 30% sc for pain and scars from hemangioma (blood tumors) of dominant hand, wrist and forearm. I filed a NOD as 2 MRIs now show condition as "very extensive" and worsened so that writing, typing, lifting and meds side effects are very problematic--all documented. Also, the records clearly state the disease tumors as recurrent, active, progressive, debilitating, inoperable, permanent, degenerative and excruciatingly painful. what are my chances if I file for IU? your thoughts on "loss of use"? will they push Voc Rehab? Thank you for your expertise rese

Hello fellow VETS and HADIT community, after reading Bound4heaven's post dated May 1 2006, 03:57 PM I felt its time to do something, before its too late. I modified the letter and emailed it to the Senate Veterans Affairs committee to learn their position your ideas on the email are welcome. Greetings Veterans' Affairs Committee, I am a 30% disabled veteran Who has filed a notice of disagreement with the Chicago Regional office for an increase because of inoperable tumors in my hand wrist and forearm. I feel the VBDC wants to cut Social Security Disability benefits for severely veterans like myself. What is the position of the Senate Veterans affairs committee on this reckless attempt to cut my legal benefits. If I qualify, and for the veterans that already qualify these are earned benefits. I paid in throughout my life into SSD. This is part what SSD was designed for for men and women who are severely disabled. With a war going on and fear at all sides the President agrees along with the members of the Veterans Commission to try to reduce benefits (Legal) of severely disabled veterans. Have they nothing better else to do then to try to raise money by taking away legal benefits in which I have earned not only for my self but my family. You know many veterans depend on this benefit now and have paid a severe price by serving this nation. The President and all members of the group who support this action should go on national TV and explain their rationale. Have they forgotten that there are too many other programs to cut like healthcare for illegal tresspassers and all the other cost incurred by supporting these people! God have Mercy upon the VBDC for their lack of humanity towards the very ones who served and allowed them to prosper in this great nation. I will be sending this e-mail to all local papers, federal and state senators and reps. They have have awakened a sleeping giant. Sincerely, A Disabled Veteran who Receives 30% SC

Thanks Berta & HADIT friends, Questions: when I request my c-file, do they include everything that is in the file? is there a difference between a c-file and SMR? rese

Hello Berta, about your question "Also you mentioned scars-I cant determine if they considered or rated them in your award-" they where rated at 10% each A question for anyone in the HADIT community... if new evidence is submitted with or closely following the NOD and nothing is submitted after the SOC has been issued does it hurt the case or affect it in any way? Also if I refer to VA out patient records they should consider, do they expect me to get them and submit? thanks for you input rese

Hi Berta, Well, I did a NOD today. so now I wait for the SOC. I what will this look like? is it some adversarial type document? "this is odd that there is no denial in the c file at all....." there was an initial denial, but after a couple of statements in support of claim, the c-file contains no VA follow up, and I dont remember getting anything. "In the C & P results did the VA doc state their opinion as to how this disability affects your employability?" here are some excerpts "He is unable to wear gloves." "He states that he cannot write more than a few sentences at a time as he develops extreme pain. He also cannot type for more than five to ten minutes." "He is left-handed and the pain is excruciating in the left wrist." on balance, no opinion but states what I said. "Also- has the VA made any determination on SMC?" no one has said anything to me about SMC Now, let me ask, based on what you know would you ask for TDIU or an increased rating? and if an increased rating how much? In addition, does anyone know anything about how to rate cavernous hemangioma in the tumor charts in M29-1 part V. I will attach it below. Again, I asked about the SOC. Please give me as much detail on what it may be in their SOC and where are they drawing their information from, what does it look like? How should I attack it? I read somewhere it should look and read like a graduate student's paper, is that true? rese TUMOR_RATING_CHARTS_M29_1_Part_V.doc

Terry, Thanks for your advice. I thought you couldnt hire a lawyer to help you? is that the only route to get that letter? I am currently unemployed Rese

Hi Berta! Let me first say thank you for your expert input and very timely response. I will try to answer all your questions 1. scars are code 7804 (per DAV SO). this is despite C&P documentation for one scar that states "In the area of the scar, there is apparent tissue loss and depression within that area." do you think this could get a higher rating? 2. "the appeal-since 1980- it has never been decided? What is last info in your c file on that?" the c-file is silent (per DAV SO) on any response from VA after 2 statements in support of claim in 1981 3. "VA does this all the time- do you have copies of those records?" Yes. I gave a copy of Hospital record to DAV SO, who submitted to VA and sent me a letter to prove it. let me also say a statement in support of claim detailed side effects of meds that wasnt considered. 4. Question for Berta and other HADIT community in general on what this means: "I would hold off until on the NOD until you get their letter and the DC code-and also check the rating schedule someone gave you to see what rating is appropriate. You might have the correct rating-then again-the medical evidence might reflect a higher one." what is meant by "until you get their letter" what letter? and on the code for caverous hemangioma and pain they used code 5215 (per DAV SO) 5. "Was a goinometer used on your wrist to determine range of motion?" No 6. "Have you lost complete use of the hand affected?Is it your dominant hand?" Yes it is my dominant hand. I have not loss complete use, but documented subjective findings of C&P state... "Currently, he states that the pain is 6-7/10 every day. It is a constant ache, sharp, prickling pain" "It becomes red, hot, and stiff." "His hand feels like it is going to swell and then bust." "He experiences fatigue and lack of endurance." "He states that it does flare-up a couple of days a week." "It becomes a 10/10 and it lasts a couple of days." "There are no alleviating factors." "he states that he is a medical tech and he has great difficulty of the hand." objective findings include "Wrist flexion was from 0-25 degrees with pain." "Dorsiflexion 0-20 degrees with pain." "Ulnar deviation 0-10 degrees with pain." "Radial deviation 0-5 degrees with pain and structural limitation." "Strength was 3/5" "There is significant swelling in this area from the thumb to the index finger." "Regarding examination of the hand, there are multiple masses on the thumb, between the thumb and the index finger." "(condition is) Currently active, limitation of motion at the wrist as above. Extremely painful." This amounts to a overall 74% decrease in all flexions excluding strength and endurance. I dont know if this amounts to loss of use, but it feels like it. What makes it worse is that I was told if surgery was perform now, there is just too much to remove that likely would reoccur. there is no chance it will get better, only worse. 7. "Do you have all of your SMRs" No, but I have requested this 8. "do you have a copy of the actual C & P results?" Yes 9. "Do you have copy of your complete c file?" No, but I have requested this. Is the SMRs and c-file the same? Well, as you can see I need to work this up. Please, HADIT community, let me know your thoughts they as are appreciated, youre the only hope I have for great independent, unbiased advice to fight the common enemy!!!!

Hello All, Well, I WON ! A 30% rating (and I am grateful) in Febuary 2006 but there are too many things wrong with this and my DAV SO is uncertain as to how to proceed with the NOD. Not only is my SO confused, but every Vet Rep I have confided in thus far... so I bring my case back to HADIT for procedural guidance on the following questions. 1. this rating is for pain and 2 scars. can anyone tell me what is the code for cavernous hemangioma active disease of the left forearm, wrist and hand? In other words, why didnt they rate the underlying diease in addition to the pain and scars? the pain was rated under limitation of motion, yet I didnt qualify for the minimum (wrist) rating there. I tried to find a code but the closest I could come was similar diseases on the tumor rating chart A because chart B is for Brain tumors and chart C is for minor tumors. This condition (according to C&P exam) is active, progressive and debilitating blood vessel tumors. I know many here dont have a medical background but I just want to know where the code is. Is it possible VA dont know either? is it possible they need to make one up? let me say also that I have a medical background (clinical lab) but I cant find the code! any help would be appreciated! 2. What do you think about an EED? this was a won repoened claim. I was initially denied in 1980 for exactly the same condition! I have an appeal on file and there is no response from them in my C-file! how common is this? I must have just forgot about it after a couple of appeal statements and the condition got worse (it reoccured). 3. I had surgery in-service that resulted in radial nerve damage. This is documented in the hospital records which strangely enough, was not mentioned in any way in the evidence considered to grant the claim. How reasonable is that, no mention of hospital records?--in their possesion as evidence to grant the claim! in any event, can this be part of a NOD or a whole new claim? I dont know how to handle this. How should I go about this NOD? what should it look like? it there a certain form? I think I need the best minds here but please whatever you can add likely can help since too many already dont have a clue.

Hello All, I am new to this and have read many posts on this forum. There appears to be excellent advice here. Can the experienced help me unravel and provide some guidance and insight on my claim? I have reopened a old claim (Jan 1980 not appealed) after learning the VA has likely shortchanged millions of veterans in 5 states and is drafting a letter to reach all these veterans. I recently completed a c & p exam for my hand and hope members can shed light on what may lay ahead and when. the main points are summarized below. 1. diagnosed cavernous hemangioma in service 2. c & p exam clearly points out incurred in-service 3. left dominant hand affected with 2 scars 4. multiple "active" masses found on examination