Vync

I have direct deposit. Strangely, when I received back pay last month due to an increase from 40% to 70%, the payment was in my bank account about two days before I received my award letter. I actually thought it was my Fed tax return coming in, but it wasn't. Your scanner did a decent job OCR'ing the text, but I think I managed to clean it up here. Not sure if this is correct though. It looks like you were not always at 70% during this time, but I could be wrong... Your table: Amount Amount Amount Date Reason for change $1,692.00 $559.00 $1,133.00 2008-03-01 CRDP adjustment * At less than 70% during this period? $1,692.00 $63.00 $1,629.00 2008-06-01 CRDP adjustment $1,790.00 $69.00 $1,721.00 2008-12-01 Cost of living adjustment, CRDP adjustment $1,790.00 $34.00 $1,756.00 2009-01-01 CRDP adjustment $3,423.00 $0.00 $3,423.00 2009-08-01 CRDP adjustment $3,588.00 $0.00 $3,588.00 2009-10-01 CRDP adjustment, continued as a school child * At 100% during this period? $1,922.00 $62.00 $1,860.00 2009-11-01 CRDP adjustment $1,922.00 $15.00 $1,907.00 2010-02-01 CRDP adjustment $1,922.00 $0.00 $1,922.00 2010-04-01 CRDP adjustment ends The following has not yet occurred (no retro). They want you to be aware of the impending changes so you don't look at your monthly VA payment and freak out while wondering what happened. $1,730.00 $0.00 $1,730.00 2010-06-01 Trads and removed from award $1,643.00 $0.00 $1,643.00 2012-01-19 Turns 18 removed from award VA rate tables: Rates as of 12/1/2007 - http://www.vba.va.gov/bln/21/rates/comp0107.htm Rates as of 12/1/2008 - http://www.vba.va.gov/bln/21/rates/comp0108.htm Rates as of 12/1/2009 - http://www.vba.va.gov/bln/21/rates/comp01.htm You need to do this to figure out how much retro you get: 1. Each line represents a specific period of months for the given rate. 2. Dig through your bank statements for each period and determine the actual rate you were paid. 3. Subtract actual rate from the new rate (number in first column). 4. Take the difference and multiply it by the number of months where the same actual rate was paid. That will tell you how much retro you will get. Note: It looks like you were probably at a 100% temp rate from August 2009 through October 2009. If you were, you won't get any retro during those periods. I tried to look up the numbers on the tables below, but your numbers based on Vet/Spouse/Child under 18 + Child under 18 do not seem to match what is shown on the table. Because I don't know exactly what your factors are, I cannot do the math for you. I have a feeling that one of your children might be a college student. If you can give us the rates you were actually paid during each period, the math will be easier.

If the RO sent you forms to describe stressors, be sure you fill them out and get them back to the VA. Try to be as detailed as possible, even if it is difficult. If you have to stop and start over, don't throw the old copies out. Be sure to explain the difficulty you had in filling out the forms...

I think he means that the 're-review' is limited to only the 30,000 or so Veterans who served in theater and filed GWS claims, instead of all Gulf War Era Veterans.

Congratulations on the win! Pete53 is correct. Reviewing your results can help determine if you got the correct rating (of course, remove your private before you post it). I'm curious... When did you get out of the military/active duty? When did you file your claim? Was your claim solely for DDD in the lower back (thoracolumbar spine) or did it also include other areas like neck (cervical spine), or hips/knees/feet?

Regarding the C&P claim: CERVICAL SPINE RANGE OF MOTION- (Thoraco-lumbar spine range of motion) Active Motion Flexion: 0-30 Degrees That says both cervical and thoraco-lumbar. Were the measurements identical for both? The rating for thoracolumbar flexion at or below 30 degrees is a 40% rating. (trying for that myself) More importantly, check the C&P examiner's opinion. Did it say "is due to" or "least as likely as not"? If it did, that is a promising sign.

That would be really great if it actually happens. Good find!

I agree! Hopefully our cases will not need to go to the board or CAVC in order to be resolved correctly.

Vaf, Gotcha there. I am waiting for my award/denial letter to arrive in the mail. I'll have to act according to what they say. I am going to show your CAVC finding to my DAV lady. I expect she will be rather surprised. Calton, I looked in 4.71a - Schedule of Ratings - Musculoskeletal System. Here's what I found. They rate the spine two different ways: General rating formula or IVDS based on incapacitating episodes, which ever one provides the higher rating should be used. General rating formula for diseases and injuries of the spine Unfavorable ankylosis of the entire spine = 100% Unfavorable ankylosis of the entire thoracolumbar spine = 50% Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine = 40% (In my case, I fall into the 40% range because my forward thoracolumbar flexion was in the 0-30% range) Formula for rating IVDS based on incapacitating episodes With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months = 60% With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months = 40% Cannoncocker, I actually found that CAVC ruling here on Hadit. I was searching for Washington v. Nicholson, 19 Vet. App. 362 (2005), which I found in a BVA ruling, but then I found the other. That definitely was most surprising when I read "'competent medical evidence is required' when the the determinative issue is medical etiology or a medical diagnosis." Think about that. In the case for our back problems, that pretty much says that the examiner does not need to see treatment records in black and white print in order to make a nexus (medical etiology). I go back and read my C&P doc's statement and it seems to me like she is saying that my problems did start on active duty and continue today, but she had to give me the low-ball opinion because of the absence of treatment records for 12 years. Take both of those statements and then also toss in the rationale from the BVA case I posted and it appears very cut and dry. The VA is telling the C&P examiners to base their decisions on a strict objective standard, but the CAVC decision says the VA is wrong and the decisions should be based on a more subjective standard.

Vaf, That info was really good. Here are the facts (all of this is documented) - Entrance physical: No clinical findings. I checked 'no' on the 'recurrent back pain' box. - 8 (or more) lumbar injuries (fall, car wreck, moving furniture, etc...) in 5 years of active duty - One Army doc indicated recurring LBP x 1 year, worsened by moving heavy furniture. - Other notes indicate strains, sprains, and lumbar flattening - Exit physical: no clinical findings. Doc noted "Hx of recurrent low back pain" - The Army did not diagnose DDD - 19 months after I got out, the VA diagnosed DDD during my first C&P exam - 8 years later, cervical bulges/osteophytes per MRI - 2 years later, DDD advanced to the point of 2 herniations. Radiologist's reading of MRI included chronic DDD. - 2 pain blocks in last six months - C&P range of motion values are in the toilet Additionally, I had other injuries not listed here (pugil stick injury to base of neck, shoulder, knees, feet, etc...), documented while I was on active duty. Add this in too: The Veteran is competent to testify on factual matters of which he has first-hand knowledge. Washington v. Nicholson, 19 Vet. App. 362 (2005). And this too ( http://www.hadit.com/forums/lofiversion/in...php/t34224.html ) (not sure if I snipped this right) Washington v. Nicholson, 21 Vet.App. 191, 195 (2007) (holding that, "[a]s a layperson, an appellant is competent to provide information regarding visible, or otherwise observable, symptoms of disability"). Further, lay evidence maybe competent to show continuity of symptomatology under 38 C.F.R. § 3.303. See Davidson, ___F.3d at___, slip op. at 3 (rejecting the view that "competent medical evidence is required . . . [when] the determinative issue involves either medical etiology or a medical diagnosis." I love that last one, the underlined part. Does that mean that we don't need a doctor's nexus? I can also cite this too: http://www4.va.gov/vetapp10/files1/1002995.txt - Very similar scenario. Veteran had a 20 year gap of treatment records, but they gave him benefit of the doubt, I always have stated that the symptomatology (low back pain) was caused by active duty injuries and continued, even during periods where I have no treatment records. Would all that be sufficient to counter the C&P examiner's statement (below) and indicate the problem was and is chronic? - Treated intermittently for low back pain while in service - Records are silent with regards to chronic low back pain until 2006 (disc herniations)

Here's the link to the actual document. It's 140 pages, dated 2005. Contains some very interesting reading. www.tnvso.com/sitebuildercontent/sitebuilderfiles/wordsandphrases.doc

Sawgunner, I filed a claim and got SC for allergic rhinitis. My service med records were loaded with records of treatment. Check your active duty med records to see if they ever diagnosed you with it too. It might be feasible to file a claim. Have you had continuous medical treatment or have you taken the 'over the counter meds' route? Also, does anyone know if it would be considered pyramiding to be rated for both allergic rhinitis and sinusitis?

In terms of degenerative disc disease, what would the VA constitute as 'chronic'? Would one of these definitions suffice or do they look at more defined time periods? 1 a : marked by long duration, by frequent recurrence over a long time, and often by slowly progressing seriousness : not acute <chronic indigestion> <her hallucinations became chronic> b : suffering from a disease or ailment of long duration or frequent recurrence <a chronic arthritic> <chronic sufferers from asthma> 2 a : having a slow progressive course of indefinite duration—used especially of degenerative invasive diseases, some infections, psychoses, and inflammations <chronic heart disease> <chronic arthritis> <chronic tuberculosis>; compare acute 2b(1) b : infected with a disease-causing agent (as a virus) and remaining infectious over a long period of time but not necessarily expressing symptoms <chronic carriers may remain healthy but still transmit the virus causing hepatitis B>

Get with the patient advocate. If they can't get you in to see a urologist today, I would escalate this to the VAMC Director. Take a printed copy of the VA Patients Rights document with you. Here's a link: http://www.patientadvocate.va.gov/rights.asp "Section III: You have the right to have your pain assessed and to receive treatment to manage your pain. You and your treatment team will develop a pain management plan together. You are expected to help the treatment team by telling them if you have pain and if the treatment is working." Don't let them brush you off. Don't let them schedule you for next Tuesday.

How long ago did you complete your PTSD C&P?

The info was very informative. I still need to get a copy of my c-file before I can really move forward on any of this.

Bump

Someone found a way to get a free one: http://www.burlingtonfreepress.com/article...Burlington-mall

Awesome!

Grats! What was your rating before?

Increase claims are a bit different than initial claims. If you sought medical treatment any time 12 months prior to your increase request, the documented earliest date within the 12 months prior will be your effective date. This also applies to tiered increase requests, as I just did this with my asthma claim: Sep 2009 - Treatment qualified me for 30% Dec 2009 - Treatment qualified me for 60% Dec 2009 - Filed claim requesting 30% as of Sep and 60% as of Dec Mar 2010 - Won increase request with dates of 30% as of Sep and 60% as of Dec Of course, for your pay to change, your combined total percentage would also have to change.

I nominate Berta to replace Shinseki

Bump!

That is a lot of money to pay noobs to toss mail and fetch coffee

I think the part where they said "The VA is going to uphold the law" was rather humorous. Note to self: Get all claims completed before the new electronic system goes online.

Hey Fire, I kinda wish I had your C&P examiner. They really did a good job logging everything. You might be good for 50%, but I'm no expert in the MH ratings area. From what I hear, a lot of factors comprise the rating, not just a single factor. Here's the rating criteria for general mental disorders (http://www.warms.vba.va.gov/regs/38CFR/BOOKC/PART4/S4_130.DOC): General Rating Formula for Mental Disorders: Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name 100 Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships 70 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships 50 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events) 30 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication 10 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication 0