Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
brokensoldier244th
-
Posts
3,529 -
Joined
-
Days Won
121
Content Type
Profiles
Forums
Events
VA Disability, benefits, news and more.
VA Benefits News
Store
Posts posted by brokensoldier244th
-
-
8 minutes ago, Dot09 said:
I was just recently awarded migraines at 50%. If you file it as a secondary you will likely be denied. You need to file it as a supplemental claim. Claiming that your service connection of ptsd aggravates your non service connection of migraines. They will determine a baseline which they can’t. This can Only be done in person. On line does not have the option for aggravation. I would also recommend that you take a peek at the ratings in title 38 for a rating. Also try to get a migraine specialist to fill out a DBQ migraine form whether va or private.
good luck
The determination of aggravation is not part of the claim form- it is added after the claim is filed. All the OP needs to do is file a supplemental claim, and under what they are claiming write that they are claiming headaches secondary to their PTSD. It does not have to be in person and its not an 'aggravation' request. An aggravation claim is for a condition that is NSC and never will be (like, if they joined the military with migraines already, but are now claiming them to be aggravated by their SC PTSD). If the OP is seeking secondary service connection, i.e. that the migraines are caused by their PTSD it is a supplemental claim seeking secondary service connection.
-
41 minutes ago, Vync said:
@brokensoldier244thWhat about central sleep apnea? Of course, the OP would need to have a thorough sleep study done to determine which flavor they might have.
Does something have to be rated 10%+ in order to allow secondary SC to apply?
True, but since he went to the physical issue I figured he wasn't thinking central.
No, but a 0% means it's acknowledged but not bad enough for compensation, so likely not bad enough to cause something else.
OP- Re-read your decision letter- they are partially generated with templates with the legalese already in there for grant or denial so there is likely something in there about why the 0%.
It's not a denial, though, it just means that legally and medically it's not bad enough to be compensible according to the ratings schedule.
If you appeal then do it as a supplemental so you can add new evidence. An HLR only re-looks over what is already of record. You still need new and/or relevant evidence for a supplemental, though, that being things not listed in your reviewed evidence, or things overlooked that you can prove/demonstrate to be submitted with your claim.
- Vync and ShrekTheTank
-
1
-
1
-
-
What did your decision letter say about the allergic rhinitis? That's the part you'll have to deal with first before trying to apply for secondaries.
-
So... What is your question?
-
Ankles and feet are two different things, so there wouldn't be overlap of the same diagnostic codes for feet vs ankles.
-
True. I was trying to jet it simple.
-
You can receive a rating for pain alone in the absence of a diagnosis for the back, but if you are already rated then pain was taken into account along with range of motion (flexion-forward, extension-backward, and where the pain starts within that arc). You'd have to think about your pain, your back issues, frequency, etc, and look at the chart(s) below and decide if you are worse than what you are rated, then file a claim.
The general ratings schedule for the back is:
- ”100% – unfavorable ankylosis of the entire spine
- 50% – unfavorable ankylosis of the entire thoracolumbar spine
- 40% – 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
- 30% – forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine
- 20% – forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis
- 10% – forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent of more of the height.
You can also be rated specifically for Intervertebral disc syndrome (code 5243, I think) but that focuses on incapacitating episodes (bedrest) that doctors rarely use anymore. Flareups in either the above situation or below are supposed to be taken into account, so if you don't tell the examiner how often and when they happen they won't be considered. You also don't need to be a hero during an exam- when it starts to hurt STOP MOVING and describe the pain, location, whether it radiates, etc to the examiner. They may do a straight leg raise test- if they lift your leg and its straight if you have lower disc impingement it will hurt somewhere in your back. If they bend your leg and lift it generally it won't because a bent leg is not pulling on the sciatic nerve fiber.
- “60% – with incapacitating episodes having a total duration of at least 6 weeks during the past 12 months
- 40% – with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months
- 20% – with incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months
- 10% – with incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months”
-
Here are the ratings for Hernias. If you have residual symptoms then yes, you should probably file.
- 60% – large, postoperative, recurrent, not well supported under ordinary conditions and not readily reducible, when considered inoperable
- 30% – small, postoperative recurrent, or unoperated irremediable, not well supported by truss (i.e., a supportive undergarment), or not readily reducible
- 10% – postoperative recurrent, readily reducible and well supported by truss or belt
- 0% – not operated, but remediable; or, small, reducible, or without true hernia protrusion
All other types of hernias are rated under 38 CFR § 4.73, Schedule of Ratings – Muscle Injuries, Diagnostic Code 5326.
-
Yup, its a good idea to, especially when it comes to things like dependents, or a mixed household (spouse/partner has income- you are an extra dependent to the calculation bringing your tax liability down), some tax credits are not income based, or have really low thresholds.
I worked like 10 hours a week in a library in the stacks for a few years to build up gradually to working again but it was enough to get me over the income hump so that our family had an easier time with things like child tax credit and EIC.
-
2 minutes ago, Rattler767 said:
Sorry didn't see it. Thanks.
LOL- we probably cross posted at the same time.
-
Just now, Rattler767 said:
I think there is a newer one issued after 2013 but I would have to dig deeper in my files. If you look it up on the FAST web sight I think its linked to it.
I posted it above yours.
-
10 minutes ago, Rattler767 said:
I think this is the one you are refuging to. I was told the lunge in it allowed the provider to choose if they wanted or not to fill out the form. My provider tried to tell me it would be a conflict of interest because they were treating me. (go figure)
VHA Directive 2008-071, Completion of Forms by VHA.pdf 46.57 kB · 0 downloads
That directive expired in 2013 (see bottom p1)
-
I stand self corrected- They amended it (VHA Directive 1134(2))- again- but since it is a VHA policy its not one that we (VBA) would ever receive. I apologize, and will edit my prior comment RE: VA doctors and forms.
See attached- relevant part is Section 4, but the whole thing isn't that long to read, either.
-
Pharmacists have always been able to legally overrule doctors, J. It’s literally part of their job, VA or not VA. A lot of people think the doctor is the end all/be all of the health care pyramid but they aren’t.
My BIL is a pharmacist and they have training specifically on the proper protocol to overrule a doctors med order. they end up saving a lot more lives than you’d think. Doctors take about 2 classes in pharmacology, pharmacists do nothing but that- plus they are required to keep going, after, too keep their license.
who would you rather have making decisions over things like drug interactions i that could kill you?
-
Sort of- it said that they could opt to fill them out or not but they were not required to. Many try to stay out of the disability part entirely- they feel it’s an ethical conflict of interest.
-
Got this this morning-here's the hotsheet version
Basically, if shown in records, will be deferred for particulate exposure development (like normal) pending the finalization of the language and regs. Gulf war service as defined by 38CFR 3.317.
This applies to survivor claims, HLR, and appeals, also. Regulatory guidance is being drafted.
Background
On September 11, 2020, the National Academies of Sciences, Engineering and Medicine (NASEM) released the report, “Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations.” After receipt of this report, the Veterans Health Administration’s Health Outcomes Military Exposures team began a focused review of scientific and medical evidence related to exposure to fine particulate matter and the subsequent development of rare respiratory cancers. Based upon their research and recommendation, the Secretary is initiating rulemaking related to presumptive service connection for the following nine (9) rare respiratory cancers for certain Veterans:
· squamous cell carcinoma (SCC) of the larynx
· SCC of the trachea
· adenocarcinoma of the trachea
· salivary gland-type tumors of the trachea
· adenosquamous carcinoma of the lung
· large cell carcinoma of the lung
· salivary gland-type tumors of the lung
· sarcomatoid carcinoma of the lung
· typical and atypical carcinoid of the lung
- Vync, Carl the Engineer and GBArmy
-
1
-
2
-
Vha is different from vba. They won’t complete disability forms it doesn’t fall under duty to assist. I don’t know why.
***EDIT*** VHA Directive 1134(2) states that VHA docs CAN complete VBA forms. They edited it again in 2020 and its a VHA form so VBA wouldn't have ever gotten notice about it.
The directive doesn't compel them or require them to, and does say that VHA docs can't see your whole record which is why many don't get involved, but it is pretty strongly worded that they should help with VBA forms. Non- vba forms they don't have to.*** EDIT***
-
If you are already rated for a hernia you would just file a 526ez, asking for an increase, and then include whatever medical stuff you want to use as evidence- private records we can't get automatically, we need your permission, so you would also want to include a 21-4142/4142a. The 4142 is the 'permission' for us to seek records on your behalf (make sure you SIGN it!
). The 4142a is where you list the providers. If all your providers are just VA then we will get those records automatically as part of the claim, but on your claim for (the 526ez) maybe give a few approximate dates, or at least years where the new evidence starts- it makes it easier to find for you.
You don't have to get super specific about what you call it. A good rule of thumb is that for increase claims just claim it as whatever its called on your decision letter. For new claims if you have an exact diagnosis you can put that, or at least something like "Left leg injury" or "right arm numbness" etc. If you think it is something that is new and related to an issue that you already have claimed as service connected, you can put 'secondary to' or 'caused by' or something to that effect so we/the examiner know how you think they are related. It doesn't have to be direct medical terminology unless you have an exact diagnosis- I usually tell people to keep it kinda vague.
-
Fill out a 21-22, send it in. We revoke the current POA when we get the new form.
-
If you click your profile name you should see all the stuff you either started or have replied to in the past. Here's my profile, for example. The list of posts is longer than that but you get the idea.
Here is your profile link- you should be able to find the post you are looking for in there: https://community.hadit.com/profile/24421-overthere/
-
Are you asking about tax homestead exemption? If you are P&t tdiu, usually yes, but every state is different for homestead exemption/property taxes and for vehicle registration. You’d need to check locally for that.
Your va money, however, is tax free.
-
Don’t care, “dude”, I don’t post for you. Shulkin didn’t propose removing TDIU, CBO did. VA does stupid stuff, but this wasn’t one of them.
-
Shulkin wasn’t testifying about the elimination of TDIU completely, he was testifying about a CBO proposal suggesting stopping tdiu after age 62 or once collecting social security.
Secondary Service Connection for Migraine
in VA Disability Claims Research
Posted · Edited by brokensoldier244th
Yes, and when we get the claim we mark it as aggravation if that is what the veteran is claiming or if a reading of the record shows that it could be an aggravation of a non-service connected issue. He's not applying for an aggravation issue- he's applying for a secondary service connection saying it is caused by his PTSD. If he wants to claim it also as aggravated he just needs to say that and it will be appended to the examination request as a request for a secondary and an aggravation opinion. I do it all the time.