Vso And Disability Claims

[braggin2]

I received my rating this week; the combine rating was 40%.

10% R knee

10% L knee

20% incontinence

I also went and talked to an Amvet Rep. who told me that according to the records they reviewed they did not review any of my orthopedic medical record. I had 4 surgeries on my L knee and walk with a cane because of it. But they still rated it the same as the R knee. They state that knees were rate separately. About four things were rated 0%. So he is going to appeal the decision and add thing I left off.

Will the VSO submit the appeals and the NOD?

[Berta]

I certainly hope that you prepare the NOD and the I-9 yourself and have the VSO check it or make sure you approve of whatever he/she files in your behalf.

This doesn't sound right to me-at all

you mean they SCed all of these and then combined them?

Is this in addition to the 40% you have under your name at the left or your first rating from VA?

I think the rep should file for Reconsideration-in my opinion-

Incontinence-what service connected disability caused that?

It seems they didnt rate cause here-

and obviously the L knee rating-in my opinion- is WAy off-

I dont even understand the way they added it all up-

Are you employed?

What issues did they rate as "0" and were they "0" SC?

[spike]

I can't speak on behalf of Amvets. However, NSO's get a copy and can see in the VA System the diagnostic codes for your ratings. Simply put that helps to clarify the rating decision. For some wierd reason, Veterans are not allowed on the floor where the files are kept, and a NSO or in your understanding Service Officer can do is pull your file and review it with the Power of Attorney on file as your representative. Also they can speak directly with the rating officers, supervisors, VSR's etc.

Being that you have a 0% SC disability is not a bad thing. Having a SC nexus is the biggest obstacle. It is "less" harder to show increase than it is to show SC.

I'd have to look but were you diagnosed with PFPS? If so, I believe that the SC your getting for your knee is related to the Shin Splints issue. However, if you have knee problems on both sides, you should be receiving a bilateral factor rating.

If you can find out your diagnosis codes it would help you tremendously in your rating. After that, you can simply go to the rating schedule find the code and see what is required for increase. Once you know that, you can have an IMO from a doctor and give the doctor an idea of what is needed for VA purposes.

[huskerfanfl]

Both Berta and Spike are right on the money. The NSO can help you with the understanding of what and why you need to appeal, but you should do the paperwork yourself and have the NSO review it. The thing is, you need to know what is in the document.

[braggin2]

I was rate 0% for hip, depression because of physical disability (sc), and sciatica. I have degenerative joint disease in both knees and both unary and fecal incontinence from 4 degree lacerations which cause a rectovaginal fistula. The fistula was repaired in 91 while in the military and another repair in 94. Because of the repair I also suffer from painful muscle spasm in that area.

Edited July 5, 2007 by braggin2

[Vike17]

braggin2,

The knee is evaluated based on range of motion, so those orthopedic reports your SO was referring to probably doesn't mean much in the way of the actual evalution. Probably in determining the issue of service-connection, but not the actual rating percentage. The only thing you may want to check out is what Diagnostic Code they rated them under and see if any of the range of motions would warrant a higher evaluation under another Diagnostic Code. Also take a look to see if your knee(s) could receive and addition rating due to lateral instability ect.., as the knee is the only joint that can be awarded more than one evalution without pyramiding. Keep in mind that ionorder for this to happen, there must be a second disability present that warrants at least a 10% evaluation before this can be done.

Vike 17