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brokensoldier244th
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Posts posted by brokensoldier244th
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Not sure, exactly, what you are asking. If it was rated or denied under a diag code, that just means its the closest applicable code in the CFR that applies. GERD, for example, does not have a specific diag code, nor does ED, but they are assigned diag codes for "Loss of Creative organ" (ed) and Gastritis (I think) for GERD.
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Moderate as determined by a doctor and by a rater are two different things.
Words such as "moderate," "moderately severe" and "severe"
are not defined in the Rating Schedule. Rather than applying
a mechanical formula, the Board must evaluate all of the
evidence to the end that its decisions are "equitable and
just." 38 C.F.R. 4.6 (2008). Use of terminology such as
"severe" by VA examiners and others, although evidence to be
considered by the Board, is not dispositive of an issue. All
evidence must be evaluated in arriving at a decision
regarding an increased rating. 38 C.F.R. §§ 4.2, 4.6.
BVA citation Nr 0907858
Decision date 03/04/09
The same citation also notes that the following.
The assignment of a particular diagnostic code is "completely
dependent on the facts of a particular case." See Butts v.
Brown, 5 Vet. App. 532, 538 (1993). One diagnostic code may
be more appropriate than another based on such factors as an
individual's relevant medical history, the current diagnosis
and demonstrated symptomatology. Any change in a diagnostic
code by VA must be specifically explained. Pernorio v.
Derwinski, 2 Vet. App. 625 (1992). -
I have found that it sometimes takes up to a month for stuff to show up on Ebennies docs received. I usually wait about 2 weeks, and then fax my docs to the DAV rep at the RO. They then send me a form letter indicating that it was received.
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make a copy and send it in online, then fax it or certify mail it too. Highlight the portions that are relevant to what you are filing for. They will probably find it anyway since it is in your records, but why make them dig? I submit whatever I find throughout the process, annotate with footnotes other records that they can find, and put on a coversheet with the highlights.
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If one is already 100% schedular, why try for IU? Isnt that going in the opposite direction?
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I wasn't commenting on that *lol*, more the "what will my neighbors think if I am 38 and not working......*
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Letters, like which ones? The exam parameters for a c&p, or assign imo type form letter?
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If you open it up again, they can examine whatever they want in the process. Keep that in mind.
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careful, does this constitute getting political? Mods, and all that.
:-)
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because alcohol generates revenue.
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NP. My ED decision notes my back injury, FYI. Because mine is so low, and the discs were never removed, they are fragmented and poke at things, exacerbating the problem. Its progressed from when I discharged in 2002 until about 2 yrs ago when I finally had it checked out. at first it wasn't very often if at all, but over the years it got worse and worse. Im married, so it wasnt anxiety or 'new person' issues or anything like that, and im only 37, so it shouldn't be age related. It may be back related depending on where your injury is and the circumstances
NSAIDS can be evil on your lower GI and upper also.
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Sorry, didn't mean to seem short with you. :-)
Va raters, while well trained go the most part, can't make medical judgements so if it ain't in the recipe (doc notes) they can't put it in the stew. make it easy for then. If you have something from your doc where you have gone in for something like GERD and you are talking omep, or something else for , copy it and highlight it. You've got hundreds of pages or more of records. Don't make them go on a snipe hunt if they don't have to.
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If it is in your treatment notes, then submit it. ed is caused by many things. If you can't get your doc to pin it down to meds, then va won't approve it. Remember, just b because it's on the secondary effects list doesn't mean that it's why it's happening for you. Raters are not doctors and cannot infer anything.
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at least in our case we have 6 and 10 yr old autos. As for whether or not I work or don't, its really none of their *neighbors* business. We don't live in a close knit neighborhood except a few of our neighbors and up the street that know our kids and vice versa. Those that need to know know because they are friends. Everyone else can go hang it.
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Amen to that. Ill poke around. I should probably talk to HR, hmm. Ive ALWAYS been cautious about that. Ive known a few people that went the temporary FMLA route and it just caused them more problems. The D/D insurance is part of my overall CIGNA insurance, but I pay a little extra on top of it for the amount. It may only cover if I opt to have surgery for my lower back, though.
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You guys helped immensely. All I can do is post a template of what worked thus far for me and hope it helps someone.I've not won this appeal, or lost, yet. But based on it, the ED past was separated out and awarded separately as SC. SMC, though, I did appeal since it ess never applied.
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Um....Hmm.....
Usually its 1 condition aggravated by another that is SC, but in my case I had ED diagnosed first as non-SC, but a nerve EMG found an impingement near the caudal area that could be contributing to it, so my ED is now service connected. Ive seen others have certain conditions SC due to medication, GERD from NSAIDS for years. SO, if you can prove it I would get an IMO, 'least as likely as not (50% + opinion is supposed to defer to the veteran) and include your side effects sheet for the medication and the length you have taken it from MyHealthVA Blue button, or print it off next time you are clinic and highlight the important stuff. Attached is what my last appeal looked like. Its similar to one of my earlier claims, built using the help of FanaticBooks's and their posts on claim building. Didn't hurt that i was in college again at the time so I had APA and MLA on the brain.
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I dont' think CUE's get the benefit of the '10 and 20' year rules.
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What reasons did the RO give for the proposed decrease? Filing for IU, while possibly triggering C&Ps for different things doesn't have anything to do with them proposing a reduction, unless a C&P showed some kind of alleged improvement in a condition.
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many large companies will also try to pressure you into quitting, this relieves them of many possible problems. they start you off signing counseling forms, then probationary period forms, then keep effing with you, then it increases, then one morning they say hey, this aint working out, just sign this paper saying you are removing yourself from employment at our company. Sears tried to do that to a guy I used to work with . He didnt fall for it though. If they fire you they can be liable to suit, if you quit, you usually have no recourse.
Sounds like 2 jobs ago. I was diagnosed MDD and started drugs and counseling in 2011 (October) along with getting Apnea diagnosed and service connected (0%, though, on appeal-I was 50% then they reduced it on their end citing a CUE on their side). All that going on and then in January of that year the owner cashed out and the new company came in and canned three of us. 1 receptionist (shrug), 1 DB programmer (we had 3) and me-their sole legacy systems support/software analyst. They were going to reengineer the program anyway. BUT I had been counseled in October for my attitude and relations with customer, and how I dealt with stress, with a 'fix it or get fired' type of letter. Prior to that I had been an exemplary employee for the past 5 years, so I suspect that is why I was fired.
Next job lasted 10 months. Owner was an idiot, spent the company money like his own on toys, and I had 20 phone calls a day and another 40-50 emails from irate customers to deal with every day. Id fight with them, and the owner verbally, and some of the other staff. So....down the road I went after he fired me. Now im at my current job for just a hair over a year, but basically on probation.
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Be sure to scope out and have ready information for SSD. If the day comes that you end up un-employed with no prospect on re-employment having multiple rounds ready to fire is the better position to be in.
Is your MDD secondary to your back condition? I noticed something interesting the other day while reviewing TDIU rules (just incase they ever try to move me off schedulare). If you meet the statutory requirements (one rating of at least 60% or 2 or more ratings totaling 70% with one being 40% or greater...) then any other disabilities SC or not, that cause additional disability cannot be used to deny you a TDIU rating. This is important since I have seen postings where someone mentions since their SSD rating indicated a non-service connected injury was contributing to total disability it was used as a reason to deny them. If your back and MDD are linked together (same injury, MDD secondary to back) it makes it a lot harder to push you below that 40% requirement and you are very close to that 70% trigger.
The real problem here is when companies terminate people they will provide the least amount of information that they need to out of fear of litigation. That is not helpful to individuals looking to substantiate the facts that they cannot work anymore. In light of the ADA and FMLA rules it isn't really suprising they use that strategy though is it.
It is. Lower back (near caudal area due to a fall incident) DDD w/ 2 discs frag'ed and swimming around in there, and another one further up and bulging. MDD is secondary to chronic pain, ED is from nerve impingement from back injury (progressive, "at least as likely as not....."
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John999- that has been on my mind, yes. Out of the last two jobs, my current is with Stanley Healthcare Solutions, so they have a pretty good benefit plan. Not sure how disability works with it, but I do pay a little extra each pay check over and above. Not sure if it covers elective leaving or not, even though it would be medical. Assuming ide need a doctor to write as such. Mostly, though, the idea of 'not being able to' is what ticks me off and is my sticking point. Im currently 80% total now-40-back, 10-neuropathy (appeal for bilat), 50-MDD, 10-tinnitus, and I have a claim for GERD now that is recent, and an appeal for SMC since I am ED/SC but never got SMC added. Im only 37-that is what sucks, too.
I have a bit of a raft of issues, but I still try to go to work every day. There are days when It really sucks, though. Stress of losing a job is there, and that 6 month thing im on now has to do with me, absences, customer ratings, my co-workers opiinion, etc. Its not very objective and im scared to death about it. That started in January.
Ive been uplaoding my weekly MH treatment notes to Ebenefits and faxing them to DAV. I get them 3-5 days after my appts from MyhealthVA 'Blue Button'. Copy, paste, highlight, BOLD, and parenthetical commenting, then SEND. Works pretty well.
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What is VA's definition of this, with RE: to MH rating, such as 'occasional' vs 'severe' ?
I lost 1 job in 2011-was diagnosed by VA MH as severe depression/MDD Recurrant-2 months later with sale of company I was not kept. Had had problems with customers and coworkers relations, which is what prompted me to seek a MH referral. Unemployed for 4 months after, then next job, still adjusting to MH and meds, same field (IT Support/engineering) lost 10 months later for similar reasons. Currently just passed 1 rocky year here, 38 absenses, write ups, over the first year, currently on a 6 month performance improvement path that has 2 outcomes only.I can't be moved to a different job with no client contact in the dept that I work in-im already somewhat sequestered from cust contact and I take reduced cases already. Currently rated 50%.Still in counseling with monthly or so Psych med evals. Seretraline has gone from 50-100-150, currently 200mg in the last 2 years.Excerpt from my most recent treatment notes say,"Veteran has been working with Dr.F for MDD, recurrent, and Dr.RE for mood and anxiety symptoms as it relates to work. Veterandescribes history of mood problems over at least last 4-5 years that havebecome progressively worse. States he has trouble getting along with clientsand co-workers, is impatient and irritable, becomes angry easily and thesebehaviors have caused him to lose at least two jobs and caused conflicts athome. His situation is further complicated by a chronic back pain conditionthat occured during the military. -
Appt reminder? I get those.
Does The Assignment Of A Diagnostic Code Mean Any Thing
in VA Disability Claims Research
Posted
They should always list it. If I filed under a specific code (like my ED not getting SMC payments under "loss of creative") and then deny me, or grant, it should list the applicable code. Sometimes they deny under one code, and reassign it under another more appropriate one. You see this a lot with MH claims, since what may initially be diag. as depression may end up after further counseling/medication, etc be shown to be PTSD or Bipolar or something. You may try to get your ducks in a row by filing under code "X" but they may say "it is denied under code X, but granted under code Y since that is more applicable". My sciatic nerve was diag that way since I got out in 2002, right around the time they were re-writing the CFR for back injuries. I was initially diagnosed under one code, then I was increased under another related one as they moved from 'number of bedridden days' to 'range of motion'.