Carl the Engineer

Well, its that time again, wish me luck! Finally put it all together and will be dropping it off at the CVSO tomorrow. 1. Increase rating for right foot plantar fasciitis. Currently 10%, 2008. New issue, cortisone shots and orthotics. 2. Secondary left foot/ankle problems caused by above. Recently diagnosed with; Pain in Joint of Ankle and Foot, Ankle/Foot Instability, Pain in Limb, Difficulty in Walking, Bilateral Hammer Toe, Achilles Tendinitis or Bursitis, Tenosynovitis of Foot and Ankle and decreased Range of Motion. I was prescribed a ankle brace for my left ankle for stability. Dr. also mentions my limp in my first visit note with him, so that cant hurt. 3. Secondary rating for heard disease caused by hypertension (currently rated at 0%, 2008). Recently diagnosed with; Borderline concentric left ventrical hypertrophy and Mild tricuspid regurgitation. I also asked if the heart disease pre-dated the hypertension (I have an irregular EKG from 1999 while in the Army) and if the heart disease should have been found at the time of the hypertension in 2004. That and a bunch of medical records supporting same. So we will see where that takes me. I am currently at a raw 72, so a 10 gets me 80. Which will help. 90 is probably out of reach for me currently as I am doing pretty good and don't see any biggies coming up. I will keep posting any updates I get from the puzzle palace, and of course my up coming C&P's. Thanks for caring, Hamslice P.S. Don't let me forget to call the VA back and schedule my colonoscopy. The bastards want to probe me again......

bruinboy, Heres the beauty of your report. Arthritis. It looks like you will get at least 10% for arthritis. You could get more from ROM, but you'll have to wait for thier desision. Now, after a while if you have (get) an x-ray of your neck and it shows arthritis, you can get that SC'd secondary to your thoracic. Then you can get 10% for that and maybe more if your have neck ROM issues. You could have your lumbar evaliated for secondaries, however, they count that with the thoracic, so it could be added and you would get the higher of the two and not each. I am currently 20% cervical and 20% thoracic/lumbar for range of motion. It started at 10% for cervical DDD (arthritis). Later increase cervical for ROM and then I claimed thoracic seconday to cervical and got 20% for DDD DJD (arthritis) for ROM. Any x-ray of arthritis will only get you 10%. ROM gets you more. Any key to Range of Motion is to stop movement UPON pain. I did this with my arm movement for a ROM test for my shoulder. Don't let the examiner pull/push you farther than first pain. Stop at pain. FYI, my neck and spine ROM didn't not involve pain (I literly cannot move any farther). Also, as other will opine, it will take you a while for all this to build a case/claim, you just have to keep plugging a long. There are a couple of big steps you want to make. 30%, 50% 70% and 100% are important markers for percentages and all have important benifits. My story; 2009 30%, 2011 40%, 2013 60% and lastly 2014 70%. And am planning my next claim as we speak. And your your only advocate. Read, read and read again. Hope this helps, Hamslice

OK, I will try to help. First, your need to see your annual retirement document RPAS (Retirement Points Accounting System) from the Guard. You should be seeing this and signing or initialing every year. It should show you your complete time in the service and tell you what years were good or not, etc. If there is time missing, either the Reserve or Active time, contact you retirement person at your State headquarters, and have them fix it. Don't confuse them with your med seperation issues, etc., just like the VA, keep it to one task at a time. You should have DD214 from active duty for you active time. Your Reserve time tracking form is unknown to me as I was all Guard and Active Guard and Reserve (AGR). I see 8+4+5, which is 17. You need 15 good years to get a med retirement out of the Guard. This would be your retirement at a 60, not immediate like active duty. There used to be a law that you had to have 8 years before you ended your carreer in the Guard (same State) to get a Guard retirement, however, I believe that has changed. As far as LOD's are concerned, I dought that you can get a retroactive LOD. Its is used in the Guard at the time of injury or shortly, and investigated by the Chain of Command to the State Surgeon. I believe you need 15 good years on one document. Need to fix that first. Hamslice

Yes.

Tbird, Thanks for looking at it. I kinda knew it was from the source. Wonder if they do that, because they are required to have them available to the public, so they make it hard to read on purpose. Sounds like something the VA would do. Haha, Hamslice

All, Here is an example of what I read in archived cases. I have bold and underlined what I am talking about. I see they look at how it impacts the veterans ability to work. In this example, the veteran was not given an increase. However, there are example were they are awarded an increase. I also realize, that these are from case that went past the initial claim phase. My concern or question is, would a comment on work issues help in the initial claim or not and any examples. Thanks, Hamslice "Furthermore, the veteran has not shown the functional loss due to pain or weakness that would be equivalent to a compensable evaluation for plantar fasciitis. While the veteran has reported subjective complaints of painful feet, pain and tenderness were not confirmed on objective evaluation. In addition, he has not presented such an exceptional or unusual disability picture that would obviate the use of the normal rating criteria. The need for frequent hospitalization has not been demonstrated. Finally, no marked interference with employment is shown to be the result of this service-connected disability. Consequently there is no basis upon which to grant an extraschedular rating under 38 C.F.R. § 3.321. In view of the foregoing, I conclude that the preponderance of the evidence is against the claim for an increased rating for plantar fasciitis."

Chuck75 and green, Thanks, that is the imput I was looking for. I have in the past put things in my claims as how what is ailing me hinders my abiltiy to do my job and I and not sure whether it helped or not, but when I did the claim was successful. Just was looking to see if anyone experienced the same. stinger, Didn't say anywhere that I couldn't handle the job. And I am not in any danger of loosing it. Actually, I'm kind of a big deal around here, haha. Just can't get ahead, etc. Hamslice

Tbird, Here are the two examples that load in two different ways when I open the link. Neither one is good. http://www.va.gov/vetapp08/files2/0816948.txt http://www.va.gov/vetapp15/Files1/1508734.txt Bear in mind I thought this could be just my computer, but it does it at work also. Thanks, Hamslice

Anybody know how to fix the format when researching the VA archives. When I look at them, I either the print is about 4 inches wide on the left, or, the writing goes accross the screen so far you have to scroll sideways to read it a sentence at a time, which is very hard to follow. PDF or Word would be nice. Anyway, Hamslice

All, I am still working on my next round of claims (for about a year now) an am slowly getting my ducks in a row. I have been reading a lot of archieved decisions and see where they (the decision makers) will state that the veteran "works full time", etc. Of my concern would be a veteran with SC'd plantar fasciitis and the amount of time they could be on there feet, and/or the like. In this senerio (me) a cop who can not pass the physical test for promotion. I am not required to pass a physical test to remain where I am at, however would have to run the 1.5 mile course for promotion. I can not run, or not for very far because of my SC'd plantar fasciitis of the right foot, and now I wear an brace on my left ankle (my secondary I am working on) because of the right foot, which I get injections in. And before anyone blasts me for being a cop that can't run, what I mean is I would have difficulty running a mile and a half. But I have no problem chasing bad guys were I work. Small department and I know were everyone lives that would get away from me. So, we do get them, eventually. I work nights, alone, and cover 100 square miles, backup is a half hour away. So, I'm careful. In my past claims, I related my difficulties with/at work related to my VA disabilities and it has seemed to work. I am not looking for UI, as I plan to continue working for another 5 years, just wondereing it you think this would add credence to my claim? It's not that I can't work, its just that I can't excel at work. Thanks, Hamslice

asknod, You're tag at the bottom of your replies dosent open when one clicks on it? Not sure what I am supposed to see.. Hamslice I liked the part about them saying you were not in Vietnam. I take it a letter from your mom and dad didnt work..

syne7, No, you do not need a CUE to turn a NSC to a SC disability. All you need is new evidence. However, you will not get the earlier date. Case in point; I had an spot (would not heal) above my left eye that I was treated for in Iraq, that was not service conected, however, I (5 years later) had an unrelated MRI of my ear that showed a piece of metal above my left eye in the same place. I submitted a re-open with new evidence and was SC for scars, however at zero. And on their own, the VA also SC'd me for acne. At zero. I do believe if I wanted, I could have a doc dig it out and maybe be rated for scars, etc., but for now the doc says leave it in as it is now not doing anything harmful. So, with new evidence, you can, Hope this helps, Hamslice

Call Peggy (the 1-800 number), they will tell you. Sounds like they allready have taken out his severance, if it was around $10,000.00. And if they did recoupe it from his 10% disability, it would have been the minus the income taxes you paid on it. Hope this helps, Hamslice

When and where burn pits? Congradulations, Hamslice

ShuMan, Most of my secondary's have been from SC'd arthritis, DDD and DJD. Most evidence has been X-ray. And the ratings have been ROM (Range of Motion). Elbow second to Shoulder, arthritis ROM, xray. Lumbar second to Cervical Spine, DDD, DJD, ROM, xray. I also have secondary (rated at zero), scars from warts SC'd, and scars from facial acne SC'd. As I said, both rated at zero, but if I die from acne, my wife gets DIC.. Just saying Hamslice

I think secondary is where its at. Depending on the secondary claim, you will need a C&P if it involves calcutalting a percentage, i.e., range of motion, etc. As you get older, more issues can be secondary to original service connected issues. Especially if you are rated for arthritis. I dont think many vets think of this. Its just going to get worse with age. Good luck, Hamslice

I too was involuntarily seperated, in 2008. I did have to pay back my seperation pay, which was withheld from my disability pay from the VA. However, you do not have to pay back the gross amount, only the net after taxes. Now, if I was unable to get a VA disability, my sep pay would have been withheld from my reserve retirement at the gross amount, at age 60, but thats a different story. It took me four years until I recieved my first comp check (deposit). If you call Betty, she will tell you when you will recieve your first deposit (or portion of), month and year, etc. I kept upping my VA comp rate, which would shorten the timeframe. It was going to be 7 or so years at first. Hope this helps, Hamslice

Left hand not knowing what right hand doing. Definition. VA............... Hamslice I was going to tell you to call again and get a different Betty, and a different answer. Maybe, more to your liking.

Here are the attachments for those interested...... lrb4524csm.pdf LRB-4524 affect on Chapter 45.docx 15-4524_1.pdf

I am copying an email I recieved today.. Hamslice Here goes... Fellow Veterans, If you have WI veterans on your email list, please share this. This is quick-moving legislation that is attempting to get rid of CVSOs and have a civilian-run consortium (comprised of several counties) take care of veterans, and I used the term “take care of” very loosely. This came out Friday when I was out of the office but so far, here’s what I’ve learned will change if this is sponsored and eventually passed: LRB-4524 is a proposal that’s currently seeking sponsors for introduction into the Assembly with a deadline for sponsorship of TOMORROW (TUESDAY) AT NOON! The statutory changes in this proposal have the following negative effects on the veterans of each county: - Remove virtually all remaining duties and responsibilities of the Wisconsin Board of Veterans Affairs and transfer them to the Secretary of the Wisconsin Department of Veterans Affairs; · - Allow counties to optionally appoint a County Veteran Service Officer (CVSO), which is currently mandated by the Wisconsin statutes; · - Allow counties to join with other counties in a consortium to share one CVSO (requiring travel to a neighboring county or to a county two or more counties · away); · - Allow counties to appoint a non-veteran as a CVSO (no more "veterans helping veterans"); · - Eliminate the authority of the CVSO to certify veterans’ eligibility for the Wisconsin Department of Motor Vehicles driver’s license veteran identifier; · - Eliminate the authority of the CVSO to certify veterans’ eligibility for the Wisconsin Department of Natural Resources disabled veterans park pass. · If you would like to share your opinion, take action immediately by contacting your local elected state representatives and senators: Representative Rob Swearingen: Phone 888-534-0034, email Rep.Swearingen@legis.wisconsin.gov Senator Tom Tiffany: Phone (608) 266-2509, email Sen.Tiffany@legis.wisconsin.gov

I am copying an email I recieved today.. Hamslice Here goes... Fellow Veterans, If you have WI veterans on your email list, please share this. This is quick-moving legislation that is attempting to get rid of CVSOs and have a civilian-run consortium (comprised of several counties) take care of veterans, and I used the term “take care of” very loosely. This came out Friday when I was out of the office but so far, here’s what I’ve learned will change if this is sponsored and eventually passed: LRB-4524 is a proposal that’s currently seeking sponsors for introduction into the Assembly with a deadline for sponsorship of TOMORROW (TUESDAY) AT NOON! The statutory changes in this proposal have the following negative effects on the veterans of each county: - Remove virtually all remaining duties and responsibilities of the Wisconsin Board of Veterans Affairs and transfer them to the Secretary of the Wisconsin Department of Veterans Affairs; · - Allow counties to optionally appoint a County Veteran Service Officer (CVSO), which is currently mandated by the Wisconsin statutes; · - Allow counties to join with other counties in a consortium to share one CVSO (requiring travel to a neighboring county or to a county two or more counties · away); · - Allow counties to appoint a non-veteran as a CVSO (no more "veterans helping veterans"); · - Eliminate the authority of the CVSO to certify veterans’ eligibility for the Wisconsin Department of Motor Vehicles driver’s license veteran identifier; · - Eliminate the authority of the CVSO to certify veterans’ eligibility for the Wisconsin Department of Natural Resources disabled veterans park pass. · If you would like to share your opinion, take action immediately by contacting your local elected state representatives and senators: Representative Rob Swearingen: Phone 888-534-0034, email Rep.Swearingen@legis.wisconsin.gov Senator Tom Tiffany: Phone (608) 266-2509, email Sen.Tiffany@legis.wisconsin.gov

OK guru's, Say you are billateral shoulder 10 shoulder 20 and elbow 20, which I am for a total 42 before we add non bilaterals, but now you get another set of bilaterals, foot, foot, ankle. Do all the bilaterals get added together and then the bilateral factor for all five and then move on to the other straight disabilities, or, bilaterals seperate than added, then added to straight? I will let you all know if that happpens to me. Fun with math, Hamslice

I was unimpressed when I recieved my paper copy of my c-file a couple years ago. I had everything that was in it. And it had a lot of duplicate info in it. I believe in my case they just put new stuff in it on top of old stuff, no order at all. Maybe my VA is different, but my folder looked like a pile of papers just stacked as they came in, etc. I dont think anyone has every went into it to look for anything, and I think they use something else to dresearch my claim(s). Just my thought. I however, have found VA docs on me in my CVSO file and the court house that are not in my c-file, and the only way they got there was from the VA, so ???. And again, I have never seen any docs from my rep, VFW, anywhere.. But I'm slowly winning, Hamslice

I have had good luck with my CVSO, however, I usually give her a complete claim and all she does is forward to my rep, the VFW. Still havent figured out what they do with it. I still want to know if the VFW has a file on me and what is in it. Maybe I will ask for a peek someday. Hamslice

Save your money, I just bought the winning ticket. Just saying, Hamslice