Help Understanding

[LOA]

Good day, First thank you all for all the information it has been very helpful and has easied my anxiety.

I am retiring from the military and my C&P is coming up. The VA rep who set it up told me I could not claim my breast reduction only the scars. I have several issues I will be claiming and have looked in CFR 38 and breast reductions is covered.

I had the surgery after a car accident that injuried my back. For years a doctor told me I would benefit from the reduction but I would not do it. (all documented). After my car accident again a doctor recommended it to relieve the pain and pressure on my back. (noted in around about way in my record). This was after several other medical optioned failed. So I had the surgery. This was a significant reduction with scars from one side to the other. I ended up have a artificial disk replacement for my back.

My question is why is this not claimable and does anyone have any recommendations. I will be claiming several other problems including CFS, Fibomyalgia, hypersomnelence and IBS. thank you for any help or advice you may give me

[carlie]

LOA,

Welcome! Are you currently service connected for anything ?

carlie

[LOA]

not yet my first C & P will be next month

[carlie]

LOA,

Are you retiring or retired ?? I know you said retiring -- but I don't see getting a VA C&P exam prior to retirement. I could be wrong - it happens.

Also, are you claiming a disability issue that led to the breast reduction as a secondary condition?

carlie

[LOA]

I will be retired next month. Va allows for C& P exams as part of retirement and a claim is filed as soon as you are discharged. I am not sure how to claim the breast reduction and that is my delemia. I had it to releive my chronic low back pain which ended in a disc replacement. My VSO said claim it, VA rep said I could not (elective surgery). I was hoping someone here had some insight or advice

[carlie]

LOA,

Have you filed a VA form 21-526 yet, (Veteran's Claim for Compensation or Pension) it will be one of the most inportant forms you file. I suggest putting every disability that you have medical documentation for, and of course you must currently have the disability, or disabling residual effects.

Do you have any medical evidence suggesting or stating that the breast reduction would help relieve the back pain. Not just general info. - but info. specific to your reduction from any of your doc's.

This is how it seems to me:

Get the back SC'd on a direct basis and the reduction on a secondary basis.

Many scars are SC'd at zero % -- to get compensation for scars i believe they must

be painful, tender, malnourished.

One place to research is here: There is more scar info out there but I'm very tired for now.

Hope this helps a vet.

jmho,

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.1.5.2.103.63 Rating7800 Disfigurement of the head, face, or neck:With visible or palpable tissue loss and either gross distortion or asymmetry of three or more features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with six or more characteristics of disfigurement80With visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with four or five characteristics of disfigurement50With visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with two or three characteristics of disfigurement30With one characteristic of disfigurement10Note (1):The 8 characteristics of disfigurement, for purposes of evaluation under §4.118, are:Scar 5 or more inches (13 or more cm.) in length.Scar at least one-quarter inch (0.6 cm.) wide at widest part.Surface contour of scar elevated or depressed on palpation.Scar adherent to underlying tissue.Skin hypo-or hyper-pigmented in an area exceeding six square inches (39 sq. cm.).Skin texture abnormal (irregular, atrophic, shiny, scaly, etc.) in an area exceeding six square inches (39 sq. cm.).Underlying soft tissue missing in an area exceeding six square inches (39 sq. cm.).Skin indurated and inflexible in an area exceeding six square inches (39 sq. cm.).Note (2):Rate tissue loss of the auricle under DC 6207 (loss of auricle) and anatomical loss of the eye under DC 6061 (anatomical loss of both eyes) or DC 6063 (anatomical loss of one eye), as appropriate.Note (3):Take into consideration unretouched color photographs when evaluating under these criteria.7801 Scars, other than head, face, or neck, that are deep or that cause limited motion:Area or areas exceeding 144 square inches (929 sq.cm.)40Area or areas exceeding 72 square inches (465 sq. cm.)30Area or areas exceeding 12 square inches (77 sq. cm.)20Area or areas exceeding 6 square inches (39 sq. cm.)10Note (1):Scars in widely separated areas, as on two or more extremities or on anterior and posterior surfaces of extremities or trunk, will be separately rated and combined in accordance with §4.25 of this part.Note (2):A deep scar is one associated with underlying soft tissue damage.7802 Scars, other than head, face, or neck, that are superficial and that do not cause limited motion:Area or areas of 144 square inches (929 sq. cm.) or greater10Note (1):Scars in widely separated areas, as on two or more extremities or on anterior and posterior surfaces of extremities or trunk, will be separately rated and combined in accordance with §4.25 of this part.Note (2):A superficial scar is one not associated with underlying soft tissue damage.7803 Scars, superficial, unstable10Note (1):An unstable scar is one where, for any reason, there is frequent loss of covering of skin over the scar.Note (2):A superficial scar is one not associated with underlying soft tissue damage.7804 Scars, superficial, painful on examination10Note (1):A superficial scar is one not associated with underlying soft tissue damage.Note (2):In this case, a 10-percent evaluation will be assigned for a scar on the tip of a finger or toe even though amputation of the part would not warrant a compensable evaluation.(See §4.68 of this part on the amputation rule.)7805 Scars, other; Rate on limitation of function of affected part.7806 Dermatitis or eczema.More than 40 percent of the entire body or more than 40 percent of exposed areas affected, or; constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs required during the past 12-month period6020 to 40 percent of the entire body or 20 to 40 percent of exposed areas affected, or; systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of six weeks or more, but not constantly, during the past 12-month period30At least 5 percent, but less than 20 percent, of the entire body, or at least 5 percent, but less than 20 percent, of exposed areas affected, or; intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of less than six weeks during the past 12-month period10Less than 5 percent of the entire body or less than 5 percent of exposed areas affected, and; no more than topical therapy required during the past 12-month period0Or rate as disfigurement of the head, face, or neck (DC 7800) or scars (DC's 7801, 7802, 7803, 7804

[Pete53]

LOA:

Welcome to Hadit. Please get complete and full copies of your Service Medical Records and when you separate be sure and describe or notate any problems that you are aware of. Its the little things that make a difference. You will have a year in which you can file but it seems like you are doing the right thing with a C&P before you retire.

Good Luck