Guest jstacy Posted December 27, 2005 Share Posted December 27, 2005 Tim did you get a copy of the C and P exam? IF not, go to the VA hospital where you had your exam. Go to the mdical records section and ask for a copy of the C and P exam you had and give them the date. They will make you fill out a form but it is worth it. Once you get the results study them carefully. Take the range of motion from the exam and compare them to the regulations listed in the 38.cfr. http://ecfr.gpoaccess.gov/cgi/t/text/text-idx? CHeck out what the examiner wrote verses the RO adjudicated decision. You have to watch these prople for many of them will do their best to cheat you out if what you do deserve. I too was rated at 10 percent for Cervical spine fusion. I immediatly sent a NOD and had another C and P last week. ROM was nowhere near what the RO said it was. Hope all goes well. Link to comment Share on other sites More sharing options...
hjunker Posted December 30, 2005 Share Posted December 30, 2005 Tim I believe you are very tuned to the process and you have also received some excellent advice from other members. I want to stick my two cents worth in. If you have not already sent your NOD I would suggest delaying as long as possible so you can collect additional evidence and lay the ground work for it. As others mentioned, you need to continue to receive treatment on your disabilities and now that you fully understand how the disabilities are rated and your current symptoms, you need to make sure the doctors hear you and make sure they write your complaints in your treatment records. That way, when the NOD review is conducted or when they send you the SOC you will have documents to support your response. I believe too often we are inclined to provide an immediate response. When we do that, we are asking them to rely on the evidence already at their disposal. But if my advice is sound, in your delay, you might gather just enough evidence to show them that your disability is a little worst than it was when they conducted your C&P. The best chance you have in getting an immediate increase is in the initial NOD stage, I believe once VA digs in to support their original rating, you might experience problems in having them to back down. When you go to the medical treatment facility, have a list of everything you want to discuss with the doctor especially those service connected disabilities. No matter what, tell the doctor what is going on with the service connected disabilities and make sure you see them writing your comments in the record. Down the road, that information will help. Lack of treatment or comments is going to hurt. The reason I say the above is because often we go to the doctor if we are not hurting that very moment and they ask how we are doing we say FINE, GOOD etc. We forget to tell them about the problems we had last week. When you read the doctor treatment notes you will see “patient in for scheduled appointment, said he felt fine, denied this, denied that, only complained of --------“ When you file for an increase, this stuff hurts. That’s my two cents. Link to comment Share on other sites More sharing options...
Guest Jim S. Posted January 1, 2006 Share Posted January 1, 2006 In reference to your scars, how long, wide, and are the nice and neat as if a knife cut, or are the jagged as if torn apart. does the scar appear or feel to have any depth to it, and is their any pain associated to movement in that area or if pressure is applied to it. New scars usually have some elasticity to them in some cases, but as the scar ages it will become stiff and may prove to inhibit movement in that area and or additional disability to the underlying injury. It imparitive that you get a current base line for range of motion for any of the scars and a measurement of their length and an extiment of their depth, so that you have something to show any deteriation later on. I know their is a schedule showing the percentages for scars, but it exscape where I saw it at the moment, will try to find it for you. Jim S. :D Link to comment Share on other sites More sharing options...
Guest Jim S. Posted January 1, 2006 Share Posted January 1, 2006 Found the rating schedule for scars under skin, check the following: TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B_Disability Ratings Sec. 4.118 Schedule of ratings--skin. ------------------------------------------------------------------------ Rating ------------------------------------------------------------------------ 7800 Disfigurement of the head, face, or neck: With visible or palpable tissue loss and either gross 80 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 disfigurement...................... With visible or palpable tissue loss and either gross 50 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 disfigurement........................... With visible or palpable tissue loss and either gross 30 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 disfigurement........................... With one characteristic of disfigurement.................... 10 Note (1):The 8 characteristics of disfigurement, for purposes of evaluation under Sec. 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.)...... 40 Area or areas exceeding 72 square inches (465 sq. cm.)...... 30 Area or areas exceeding 12 square inches (77 sq. cm.)....... 20 Area or areas exceeding 6 square inches (39 sq. cm.)........ 10 Note (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 Sec. 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 greater. 10 [[Page 438]] Note (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 Sec. 4.25 of this part. Note (2): A superficial scar is one not associated with underlying soft tissue damage. 7803 Scars, superficial, unstable............................... 10 Note (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 examination................. 10 Note (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 Sec. 4.68 of this part on the amputation rule.) 7805 Scars, other; Rate on limitation of function of affected part. Link to comment Share on other sites More sharing options...
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