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USAFfrau

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  1. www.benefits.va.gov/warms/docs/regs/38CFR/.../S4_116.DOC 4.116- §4.116—Schedule of ratings–gynecological conditions and disorders of the breast 4.116- Gynecological Conditions and Disorders of the Breast 4.116 Schedule of ratings–gynecological conditions and disorders of the breast 4.116-1 §4.116 Schedule of ratings—gynecological conditions and disorders of the breast. Note 1: Natural menopause, primary amenorrhea, and pregnancy and childbirth are not disabilities for rating purposes. Chronic residuals of medical or surgical complications of pregnancy may be disabilities for rating purposes. Note 2: When evaluating any claim involving loss or loss of use of one or more creative organs or anatomical loss of one or both breasts, refer to §3.350 of this chapter to determine whether the veteran may be entitled to special monthly compensation. Footnotes in the schedule indicate conditions which potentially establish entitlement to special monthly compensation; however, almost any condition in this section might, under certain circumstances, establish entitlement to special monthly compensation. Rating 7610 Vulva, disease or injury of (including vulvovaginitis). 7611 Vagina, disease or injury of. 7612 Cervix, disease or injury of. 7613 Uterus, disease, injury, or adhesions of. 7614 Fallopian tube, disease, injury, or adhesions of (including pelvic inflammatory disease (PID)). 7615 Ovary, disease, injury, or adhesions of. General Rating Formula for Disease, Injury, or Adhesions of Female Reproductive Organs (diagnostic codes 7610 through 7615): Symptoms not controlled by continuous treatment 30 Symptoms that require continuous treatment 10 Symptoms that do not require continuous treatment 0 7617 Uterus and both ovaries, removal of, complete: For three months after removal 1001 Thereafter 501 7618 Uterus, removal of, including corpus: For three months after removal 1001 Thereafter 301 7619 Ovary, removal of: For three months after removal 1001 Thereafter: Complete removal of both ovaries 301 Removal of one with or without partial removal of the other 01 7620 Ovaries, atrophy of both, complete 201 7621 Uterus, prolapse: Complete, through vagina and introitus 50 Incomplete 30 7622 Uterus, displacement of: With marked displacement and frequent or continuous menstrual disturbances 30 With adhesions and irregular menstruation 10 7623 Pregnancy, surgical complications of: With rectocele or cystocele 50 With relaxation of perineum 10 7624 Fistula, rectovaginal: Vaginal fecal leakage at least once a day requiring wearing of pad 100 Vaginal fecal leakage four or more times per week, but less than daily, requiring wearing of pad 60 Vaginal fecal leakage one to three times per week requiring wearing of pad 30 Vaginal fecal leakage less than once a week 10 Without leakage 0 7625 Fistula, urethrovaginal: Multiple urethrovaginal fistulae 100 Requiring the use of an appliance or the wearing of absorbent materials which must be changed more than four times per day 60 Requiring the wearing of absorbent materials which must be changed two to four times per day 40 Requiring the wearing of absorbent materials which must be changed less than two times per day 20 7626 Breast, surgery of: Following radical mastectomy: Both 801 One 501 Following modified radical mastectomy: Both 601 One 401 Following simple mastectomy or wide local excision with significant alteration of size or form: Both 501 One 301 Following wide local excision without significant alteration of size or form: Both or one 0 Note: For VA purposes: (1) Radical mastectomy means removal of the entire breast, underlying pectoral muscles, and regional lymph nodes up to the coracoclavicular ligament. (2) Modified radical mastectomy means removal of the entire breast and axillary lymph nodes (in continuity with the breast). Pectoral muscles are left intact. (3) Simple (or total) mastectomy means removal of all of the breast tissue, nipple, and a small portion of the overlying skin, but lymph nodes and muscles are left intact. (4) Wide local excision (including partial mastectomy, lumpectomy, tylectomy, segmentectomy, and quadrantectomy) means removal of a portion of the breast tissue. 7627 Malignant neoplasms of gynecological system or breast 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local recurrence or metastasis, rate on residuals. 7628 Benign neoplasms of the gynecological system or breast. Rate according to impairment in function of the urinary or gynecological systems, or skin. 7629 Endometriosis: Lesions involving bowel or bladder confirmed by laparoscopy, pelvic pain or heavy or irregular bleeding not controlled by treatment, and bowel or bladder symptoms 50 Pelvic pain or heavy or irregular bleeding not controlled by treatment 30 Pelvic pain or heavy or irregular bleeding requiring continuous treatment for control 10 Note: Diagnosis of endometriosis must be substantiated by laparoscopy. 1Review for entitlement to special monthly compensation under §3.350 of this chapter. [29 FR 6718, May 22, 1964, as amended at 41 FR 11301, Mar. 18, 1976; 41 FR 34258, Aug. 13, 1976; redesignated and revised, 60 FR 19855, Apr. 21, 1995; 67 FR 6874, Feb. 14, 2002; 67 FR 37695, May 30, 2002] Supplement Highlights references: 12(1), 28(1). (No. 29 6/25/02)
  2. I am 70% rated for PTSD. I snore and grind my teeth excessively. I know it is not "lady like" But it happens to the best of us. So I did some research and found this on another site. I don't know if it is accurate, but it might help some of you with Bruxism (grinding teeth). It has caused quite a bit of damage to my once perfect teeth. Bruxism can be secondary to PTSD, Basically like case law, once it has been approved for one, it should be approved for all. I hope it helps. : http://vets.yuku.com/reply/292659/t/Re-Grinding-teeth-.html Proof: Here is an actual BVA decision that granted PTSD and Bruxism ( Grinding of Teeth) Citation Nr: 0307941 Decision Date: 04/25/03 Archive Date: 04/30/03 DOCKET NO. 00-05 446 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to service connection for bruxism, as secondary to service-connected post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD E. Ward, Associate Counsel INTRODUCTION The veteran served on active duty from August 1965 to June 1967, including service in the Republic of Vietnam from April 1966 to May 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 1999 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts, which denied the veteran's claim of entitlement to service connection for PTSD and bruxism. The veteran perfected a timely appeal of this determination to the Board. When this matter was previously before the Board in May 2001, it was remanded for further development and adjudication. On return to the Board in October 2002, the Board granted service connection for PTSD and requested further development on the issue of bruxism. That development has been completed, and the case is ready for adjudication. FINDINGS OF FACT 1. All relevant evidence necessary for disposition of the veteran's appeal has been obtained and associated with the claims file. 2. The veteran is service connected for PTSD, effective from January 11, 1999. 3. The veteran currently has a diagnosis of bruxism. 4. The record contains medical evidence and opinion indicating that the veteran's bruxism is probably proximately due to his service-connected PTSD. CONCLUSION OF LAW Bruxism is proximately due to or the result of the service- connected PTSD. 38 U.S.C.A. §§ 1101, 1131, 5107 (West 2002); 38 C.F.R. §§ 3.303, 3.310(a) (2002). REASONS AND BASES FOR FINDINGS AND CONCLUSION Duty to Assist and Notify On November 9, 2000, the President signed into law the Veterans Claims Assistance Act of 2000 (VCAA), 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126 (West Supp. 2001), 66 Fed. Reg. 45,620 (Aug. 29, 2001) (to be codified as amended at 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a)). Among other things, the VCAA redefines the obligations of VA with respect to the duties to notify and assist. This change in the law is applicable to all claims filed on or after the date of enactment of the VCAA or filed before the date of enactment and not yet final as of that date. 38 U.S.C.A. §§ 5102, 5103, 5103A, 5107. The Board is satisfied that all relevant facts have been sufficiently developed, and no further assistance to the veteran is required to comply with VA's duties to notify and assist the veteran with his claim as mandated by the VCAA. In this regard, the record shows that by the rating decisions, as well as in the statement of the case, supplemental statements of the case, and various correspondence including the Board's remand of May 2001, and remand and development request dated in October 2002, VA informed the veteran of the evidence needed to support his claim. The veteran was notified of the need to supply competent medical evidence to support his claim, and informed of efforts VA would make to secure outstanding medical records. Additionally, the RO requested and obtained all outstanding relevant treatment records, and the veteran has not referenced any outstanding evidence that might aid in his claim. A medical opinion was solicited pertaining to his claim, there is no identified evidence that has not been accounted for, and the veteran and his representative have been given the opportunity to submit written argument. Under the circumstances, the Board finds that the veteran has been provided with adequate notice of the evidence needed to successfully prove his claim, and that there is no prejudice to him by appellate consideration of the claim at this time without another remand of the case to the RO for providing additional assistance to the veteran in the development of his claim as required by the VCAA or to give him another opportunity to present additional evidence and/or argument. Bernard v. Brown, 4 Vet. App. 384 (1993). See also Karnas v. Derwinski, 1 Vet. App. 308 (1991). The record on appeal demonstrates the futility of any further evidentiary development and that there is no reasonable possibility that further assistance would aid him in substantiating his claim. Hence, no further notice or assistance to the veteran is required to fulfill VA's duty to assist her in the development of the claim. Smith v. Gober, 14 Vet. App. 227 (2000); Dela Cruz v. Principi, 15 Vet. App. 143 (2001). Background and Analysis Service connection may be established for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a pre-existing injury suffered or disease contracted in line of duty. 38 U.S.C.A. § 1110; 38 C.F.R. § 3.303. The law also provides that service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When service connection is established for a secondary condition, the secondary condition shall be considered a part of the original condition. 38 C.F.R. 3.310(a). Additional disability resulting from the aggravation of a non-service-connected condition by a service-connected disability is also compensable under 38 C.F.R. § 3.310(a). See Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). The critical issue in this case is whether the veteran has bruxism secondary to the service-connected PTSD. The record reflects that the veteran served in Vietnam from April 1966 to May 1967. In numerous statements in support of his claim of service connection for PTSD, as well as lay statements from his sisters, the veteran reported that after his return from Vietnam, he experienced nightmares and other PTSD symptomatology which resulted in the grinding of this teeth which resulted in the current diagnosis of bruxism. In October 2002, the Board requested further development of the veteran's claims of bruxism as secondary to his service- connected PTSD. Evidence submitted includes a January 2003 letter from the VA staff psychiatrist which indicates that the veteran has been under his care for chronic PTSD. The psychiatrist notes that the veteran "continues to have bruxism secondary to his PTSD, (specifically due to his traumatic nightmares), and bruxism has caused his teeth great harm. The psychiatrist opined that "n my opinion treatment for his bruxism and subsequent dental injuries is simply an extension of his treatment for PTSD." The veteran underwent VA dental examination in April 2003. He gave a medical history of PTSD and oral pain associated with severely abraded maxillary teeth. Physical examination showed no functional impairment due to loss of motion, however, maxillary function was severely compromised due to maxillary tooth destruction. The dental diagnosis was severe bruxism, probably associated with service trauma and secondary to PTSD and chronic major depressive disorder. Upon consideration of the overall evidence, the Board finds that the record contains credible supporting evidence that the veteran's bruxism is proximately due to the service- connected PTSD. Accordingly, service connection is warranted. ORDER Entitlement to service connection for bruxism, as secondary to service-connected PTSD, is granted.
  3. Vetwow can help those who have suffered MST/PTSD. They helped me. It is a difficult journey, so prepare yourself for that. You need to contact your nearest VA and starte getting treatment for your MTS/PTSD. I wish you the best. ~frau
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