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Found 2 results

  1. The VA raised the minimum rating for diagnostic code 5201, limitation of motion of the arm, from 10% to 20% back in May 2016. If you're still rated 10%, you should request the increase. The VA shouldn't require an exam, unless they have reason to believe your condition has improved. You should also request an effective date of one year prior based on “a liberalizing VA issue approved by the Secretary or by the Secretary’s direction.” Specifically, according to M21-1, III.iv.4.A.1.g. Selecting a DC and Minimum Compensable Evaluation for 38 CFR 4.59 Per Sowers v. McDonald: “- This policy particularly affects painful motion of the shoulder evaluated under 38 CFR 4.71a, DC 5201. Under this DC, painful motion of the shoulder warrants assignment of a 20-percent evaluation. - This decision represents a change in longstanding VA policy in which the minimum compensable evaluation was interpreted as a 10-percent evaluation irrespective of the DC involved. . . . . Effective May 23, 2016, the minimum compensable evaluation refers to the lowest evaluation specified under the DC most applicable to the disability.” Per 38 CFR §3.114 Change of law or Department of Veterans Affairs issue: “(a)(3) If a claim is reviewed at the request of the claimant more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of receipt of such request.” I was originally rated 10% for both shoulders in 2008 and didn't find out about the increase until last year. I could have been getting the increase for 4 years; not only that, but the bilateral increase to 20% would have raised my overall rating from 80% to 90%. It pisses me off that the VA doesn't notify veterans about changes that might benefit them. I actually think the VA should automatically increase the benefits of every affected veteran effective the date of the change. I've written my senators, congressman, and numerous veterans' organizations about this and urge others to do the same, in addition to requesting any increase that is due to them.
  2. The VA is checking me out again today,Just finished with Physical therapy today at 10:30am. The physical therapy is not working the Doctor says it is not getting any better, no gains at all made from this torture. I would love just to be able to put muscle back on it,so I don't look so lopp sided.. Now I am sore and the VA is going to examin me today? It ought to be about as bad as it gets. I am not letting them do much. I will be in the Emegency Room if they do. You would think that after my right shoulder history and the amount of surgeries taken to that side-4- they would just leave it alone. Since my last exam 3 years ago My left has popped out 3-4 times in 2 years they get the Doctors notes sent to them,after two surgeries on that side and me needing another.. .Why must I Go through this again, I will be sore for two weeks after today... Lucky Me.. and the Wife isn't home to Help with My shoulder Brace, Can't get it on... : (<... I am having ankziety and This Sucks.. Can't I say Screw You... Macool
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