The Dva Changed The Wording On My Claim.

[Guest Elmer]

Hi, I found out that the DVA has changed the wording of my claim. They changed it so instead of having two different service connected medical problems. They are combined as one and the wording is nothing like it was when filed. I first noticed this change, when my claim was being sent to the Board of Veterans' Appeal. I wrote a letter to the DVA and stated in the letter how the claim was writen when I filed it. I also requested that the letter be sent to the Board of Veterans' Appeal. They never made that change. Now the false wording has gone through the Board of Veterans' Appeal and the Court. I have an attorney. I found out the wording was not right when he sent me a copy of a letter they sent the DVA. I called him and told him the problem but he didn't sound like I have a way of getting it right. The DVA changed the wording in their favor. I know they have violated the law but what can I do? I sent a letter to my attorney with copies of the wording when the DAV and I filed the claim.

[Guest Berta]

Hi, I found out that the DVA has changed the wording of my claim. They changed it so instead of having two different service connected medical problems. They are combined as one and the wording is nothing like it was when filed. I first noticed this change, when my claim was being sent to the Board of Veterans' Appeal. I wrote a letter to the DVA and stated in the letter how the claim was writen when I filed it. I also requested that the letter be sent to the Board of Veterans' Appeal. They never made that change. Now the false wording has gone through the Board of Veterans' Appeal and the Court. I have an attorney. I found out the wording was not right when he sent me a copy of a letter they sent the DVA. I called him and told him the problem but he didn't sound like I have a way of getting it right. The DVA changed the wording in their favor. I know they have violated the law but what can I do? I sent a letter to my attorney with copies of the wording when the DAV and I filed the claim.

Elmer-can you tell us what wording they changed?

[Guest Elmer]

Elmer-can you tell us what wording they changed?

Hi Berta, The claim that I filed read " For service connection for residuals of head injury to include claim for headaches and neck condition." The VARO changed it to read "Cervical disc disease with musculoskeletal headaches." The wording was changed after the claim was remanded back to the VARO the first time. Thanks for your interest.

[jimlane1949]

Hi, I found out that the DVA has changed the wording of my claim. They changed it so instead of having two different service connected medical problems. They are combined as one and the wording is nothing like it was when filed. I first noticed this change, when my claim was being sent to the Board of Veterans' Appeal. I wrote a letter to the DVA and stated in the letter how the claim was writen when I filed it. I also requested that the letter be sent to the Board of Veterans' Appeal. They never made that change. Now the false wording has gone through the Board of Veterans' Appeal and the Court. I have an attorney. I found out the wording was not right when he sent me a copy of a letter they sent the DVA. I called him and told him the problem but he didn't sound like I have a way of getting it right. The DVA changed the wording in their favor. I know they have violated the law but what can I do? I sent a letter to my attorney with copies of the wording when the DAV and I filed the claim.

I would revoke the Power of attorney if you gave one to the DAV and get someone else to help with your claim.

[Guest Berta]

Hi Berta, The claim that I filed read " For service connection for residuals of head injury to include claim for headaches and neck condition." The VARO changed it to read "Cervical disc disease with musculoskeletal headaches." The wording was changed after the claim was remanded back to the VARO the first time. Thanks for your interest.

Elmer- in my opinion that change will not alter your claim and might help it-

the VA put it into their medical rating criteria terms-

have you been diagnosed at all -in any med rec entry as having cervical disc disease?

The raters- with an established nexus- (an in service event documented, that caused the head injury)

would have a better way to code these disabilties, then rate them properly.

There is probably some diagnostic codes in your most recent decision on this claim-

hopefully they are the correct codes-and that is

another reason I feel this is not a serious problem and was done for rating purposes, when the claim succeeds.

They are fully accepting the headache claim as secondary to the "head injury" claim with neck involvement.

Have you had X rays done in service and/or via the C & P on this?

[timetowinarace]

Elmer,

Just so you know. Fileing for the residuales of head injury will get a maximum of a 10% rating. You may want to research rating options with the current wording.

From title 38

Sec. 4.124a

8045 Brain disease due to trauma:

Purely neurological disabilities, such as hemiplegia,

epileptiform seizures, facial nerve paralysis, etc.,

following trauma to the brain, will be rated under the

diagnostic codes specifically dealing with such disabilities,

with citation of a hyphenated diagnostic code (e.g., 8045-

8207).

Purely subjective complaints such as headache, dizziness,

insomnia, etc., recognized as symptomatic of brain trauma,

will be rated 10 percent and no more under diagnostic code

9304. This 10 percent rating will not be combined with any

other rating for a disability due to brain trauma. Ratings in

excess of 10 percent for brain disease due to trauma under

diagnostic code 9304 are not assignable in the absence of a

diagnosis of multi-infarct dementia associated with brain

trauma.

However, migraine can be caused by head injury, and thus secendary to SC. Migraine can be rated to 50%

Time

Edited November 2, 2005 by timetowinarace

[Guest Elmer]

Elmer- in my opinion that change will not alter your claim and might help it-

the VA put it into their medical rating criteria terms-

have you been diagnosed at all -in any med rec entry as having cervical disc disease?

The raters- with an established nexus- (an in service event documented, that caused the head injury)

would have a better way to code these disabilties, then rate them properly.

There is probably some diagnostic codes in your most recent decision on this claim-

hopefully they are the correct codes-and that is

another reason I feel this is not a serious problem and was done for rating purposes, when the claim succeeds.

They are fully accepting the headache claim as secondary to the "head injury" claim with neck involvement.

Have you had X rays done in service and/or via the C & P on this?

Hi, Yes, I have had several done in service and many Xrays, MRIs and EMGs done on my head and neck. I have had several VA doctors state in my medical records that I have migaines Clasic. Also an EMG found that I have nerve damage in my cervical spine. Also they state I have cervical disc disease and several other problems in my neck. That is my biggest problem. My neck is so bad I have to take morphine to help with the pain. Here is the bad part. My attorney said he is trying to get me 30% for migraine but he said I can't get anything for my severe cervical neuropothy. Can anyone tell me why I can't get anything on my service connected sevical spine. Thanks for all the help.