Guidance And Opinions Needed On This Claim

[OTA2 Allman]

I was in 8 years 10 months. Discharged with herniated discs and migraines = 20%

I did a claim with VA in Aug 96 prior to discharge as part of Disabled Transition Assistance Program. It became lost over time even though they stated they had every thing. Now with the help of VA and the re-assignment of DAV to VFW it is proceeding and is currently in the rating board. C&P Exam was conducted by a retired chief of surgery doc that could not find any records on either MRI or Xray in medical record. I just found these at my mother house that total from 50 -100 not with all reports assigned. Called and asked if I should send them in and they said they only want reports not to send xrays. Doesnt make sense as a lot of the MRI have wax annotations on them and writting. What should I do? Also, These are the other ones I am Claiming Most were initially denied except lower back and sinusitus. Both were rated at 10% a piece, but the rating were removed and are being redone because of new evidence on a EEG on my left arm? None of this is making sense and the county VA rep is saying wait until they finish the rating, then rubutal it. Any Input would be appreciated! Also, I am ready a book by John D. Roche "How to file and collect on VA Claims" Has anyone followed this?

1. degenrated disc deases L4-S12. Para Central Right Sided Herniated3. Compression Fractures t11-124. Post Concussive Head Ache with Migraine5. Photo phobia due to headache6. Low Back Pain - was 10%7. Radio Radiculopathy Bi Lateral lower extremities8 Left Arm Condition9 Hyper Tension10 Bilateral Tenitus11.Bilateral Hearing loss12. Systomatic MVP13. Aspetus expossure14 Stanosis15 Loss of Vision16. Cronic Sinusitus - was 10%

[rentalguy1]

Only send in COPIES of the MRI reports. Be sure to send them certified mail/return reciept requested, and do so asap. You will most likely get another VCAA letter in response to this. Check the box waiving the 60days and request to have your claim rated asap. Then mail the VCAA letter back to them in the same manner as desribed above.

Your back should be rated under the IVDS code, and absent of any "incapacitating espisodes," where a doctor has prescribed bed rest, in writing, then you will be rated solely on range of motion. In other words, if they asked you to bend forward, and you were able to touch your toes, you will not get an increase in sc comp.

To get a better understanding of how spinal conditions are rated, please read

this thread.

You may also be rated for other orthopedic and neurological defects caused by nerve root impengements under the IVDS rating criteria. Be sure to file for any other manifestations of this problem when this claim is adjudicated. Also, most people with chronic back pain suffer from what is known as a "mood disorder due to a general medical condition." Fancy psych talk for depression caused by years of pain. This is also ratable as a secondary condition to IVDS. It is well worth looking into if you have found yourself moody, irritable, or homicidal/suicidal lately.

Good luck!

[Pete53]

OTA2 Allman:

Welcome to Hadit.

[john999]

QT

I was rated for a emotional disorder secondary to a general physical condition. It is as common as dirt. All of us who are in chronic pain and are disabled usually have some of it. The VA does not automatically send you to a shrink when you have a chronic disabling condition. You have to ask for a referrel. Also, if you get one of those "depression screens" be sure to let them know you are severely depressed. They play all the angels when deciding your claim, so you better play them as well. If you get a "pain rating screen" max it out. Rate yourself as you would be on your worst day.

[halos2]

I was in 8 years 10 months. Discharged with herniated discs and migraines = 20%

I did a claim with VA in Aug 96 prior to discharge as part of Disabled Transition Assistance Program. It became lost over time even though they stated they had every thing. Now with the help of VA and the re-assignment of DAV to VFW it is proceeding and is currently in the rating board. C&P Exam was conducted by a retired chief of surgery doc that could not find any records on either MRI or Xray in medical record. I just found these at my mother house that total from 50 -100 not with all reports assigned. Called and asked if I should send them in and they said they only want reports not to send xrays. Doesnt make sense as a lot of the MRI have wax annotations on them and writting. What should I do? Also, These are the other ones I am Claiming Most were initially denied except lower back and sinusitus. Both were rated at 10% a piece, but the rating were removed and are being redone because of new evidence on a EEG on my left arm? None of this is making sense and the county VA rep is saying wait until they finish the rating, then rubutal it. Any Input would be appreciated! Also, I am ready a book by John D. Roche "How to file and collect on VA Claims" Has anyone followed this?

1. degenrated disc deases L4-S12. Para Central Right Sided Herniated3. Compression Fractures t11-124. Post Concussive Head Ache with Migraine5. Photo phobia due to headache6. Low Back Pain - was 10%7. Radio Radiculopathy Bi Lateral lower extremities8 Left Arm Condition9 Hyper Tension10 Bilateral Tenitus11.Bilateral Hearing loss12. Systomatic MVP13. Aspetus expossure14 Stanosis15 Loss of Vision16. Cronic Sinusitus - was 10%

[halos2]

Yes I have utalized both of his books. This one and "The Veteran's PTSD Handbook."" I was on the pre-order waiting list for his new book "Claim Denied" but Amazon screwed up and now it won't be reprinted until March 2009.

All vets can learn alot about the VA processes from this former USAF vet, who worked for the VA also.

Good luck with your case. I also like www.vawatchdog.org for help, as well as this great site to for direct assistance.

[OTA2 Allman]

QT

I was rated for a emotional disorder secondary to a general physical condition. It is as common as dirt. All of us who are in chronic pain and are disabled usually have some of it. The VA does not automatically send you to a shrink when you have a chronic disabling condition. You have to ask for a referrel. Also, if you get one of those "depression screens" be sure to let them know you are severely depressed. They play all the angels when deciding your claim, so you better play them as well. If you get a "pain rating screen" max it out. Rate yourself as you would be on your worst day.

I will, but my gut says wait until I get initial rating then ammend for this. Let me know your thoughts.