Phone Call From Rep

[Done wit this]

Today I received a call from the senior Counselor and the Man Told me that My Earlier Effective Date was Granted ..Thats back to 1994.... But they are still working on the Percentages on Both Shoulders to complete the Claims.I sent in Two - IMO's for the "percentages Appeals" one from my family Doctor and One complete Medical Evaluation from a specailist - Orthopedic Doctor with MRIs..The Doctors Opinions were much higher the the VA,s .. Makes Me feel better Knowing that they Granted the EED

:) B) :D ;) Macool

Edited February 23, 2009 by macool

[Done wit this]

macool,

You have to remember to take into consideration

that whatever date they go by for your award, you are

also entitled to extra dependent pay from as far back

as VA grants you 30% SC or higher.

If you haven't filled out and submitted a 21-686c you

will need to do this.

I would let that retro check hit the bank first though.

Do you get direct deposit from VA ?

carlie

"

"Carlie" This is the deal Here so you and every-one here has a grasp on my situation...

, Did not Get any award yet ,,The EED was 1 part of three Issues .I am waiting on the NODS or Appeals on the Percentages of Both shoulders. That is what I had the IMO and the -Ind Med Evaluation done for.. My family doctor wrote up a- IMO and sent me to a specailist for a complete Medical evaluation, Films everything looked me Over ... They were subbmitted the The VARO as evidence,, There Opinions rated the shoulder By Family Doctor was 30% rt and 35%left

The Orthopedic doctor who read the MRI's Opinion rated them

35right and 40%left > they checked ..Me out good.. then I was put on pain meds then Given steroid shots again.about 8 times over the years.... and then Just recently had surgery on the left..Still Not a dime in Retro because of the other Issues. Do you have any Idea how long that will take ?

But I am Gratefull Of the Granted EED notice..Would Love to know when I can expect a final decision Everythings in for the decision to be made ..even the Surgical report for the surgery jan 7th for the Temp 100%.. They need nothing but to get it done.. I will raise hell again in a week,, If I here nothing... I call them ,I call the DAV, I call the AMVETs, I call the VFW --I am a life member of all these Vet Orginizatons,I also do IRIS Inquiries, I write NASTY Mean letters, I make Myself a royal Pain and they Move on it.. I wrote Senators Congressmen any one that would listen thats how I got the Notice of the GRANTED EED. I guess I will have to stay on them for the rest of it...

Macool

Edited April 15, 2009 by macool

[carlie]

"

They rated the shoulder By Family Doctor was 30% rt and 35%left

The Orthopedic doctor who read the MRI's rated them

35right and 40%left

Macool

Macool,

ONLY the decision maker at the VA can assign the disability percentage.

They do not go by a percentage the doctor may suggest.

The decision makers are supposed to assign the percentage of disability according to

38 CFR - Part 4 -Schedule of Rating Disabilities.

carlie

[MRRRR5]

Today I received a call from the senior Counselor and the Man Told me that My Earlier Effective Date was Granted ..Thats back to 1994.... But they are still working on the Percentages on Both Shoulders to complete the Claims.I sent in Two - IMO's for the "percentages Appeals" one from my family Doctor and One complete Medical Evaluation from a specailist - Orthopedic Doctor with MRIs..The Doctors Opinions were much higher the the VA,s .. Makes Me feel better Knowing that they Granted the EED

:) B) :D :) ;) Macool

Congrats on the EED grant; you are heading in the right direction!

[Done wit this]

Macool,

ONLY the decision maker at the VA can assign the disability percentage.

They do not go by a percentage the doctor may suggest.

The decision makers are supposed to assign the percentage of disability according to

38 CFR - Part 4 -Schedule of Rating Disabilities.?????????????

Well ,Then what Kind of weight is My Doctors Opinion and the Ortho Specalists Opinion Carry on This? They stated that that was their Opinion on the Disability on each shoulder ,Because what The VA C.P Quack said and Real world Doctors are finding are seperate.. how can the VA put a "80 year old mans-The VA Quack" Opinion over a Orthopedic surgen and a real world Doctors Opinion.. can the VA's employees Opinion out weigh both of these ..I find that hard to beleive...If thats it they can rate me at whatever they want..Thats just Crazy... Your telling me stuff I really don't want to here... I am looking for a fair Decision and if it is The VA,s old quack that makes it how fair is that..I think the CnP Doctor is the one who ripped my shoulder on the left side ..I posted it here a year ago in july ..two julys ago The man Ripped it at the CnP exam at the Buffalo VARO .. Wow this is hard to swallow ..Thanks for the support..

Edited February 25, 2009 by macool

[Josephine]

I sure am Happy you will be receiving large retro checks as I did.

Mine came in two checks. The first one came by postal, on a Saturday, and the other one automatic deposit.

The second check was for my spouse and the backpay since the 30%.

Here is wishing you a Ton of Money!

Betty

[carlie]

Macool,

Hey there - I sent you congrats on the EED and other info that should be very

helpful to you - so please don't keep shooting the messenger for telling you, that the

doctor's are not the one with the authority to assign the percentage of disability

compensation. The only person authorized to assign the percentage of disability is

the decision maker. The decision maker is supposed to consider all medical information

and apply it to the Schedule of Rating Disabilities.

I have no idea what diagnostic code VA will rate your disabilities under.

This is an example of how the decision maker is to assign a certain percentage

of disability. Usually C&P doc's and IMO doc's state what range of motion (ROM)

is measured and several other factors that relate to your particular injury and/or illness.

As I said, I have no idea what DC's you are or will be rated under and this is just an example

of what VA is supposed to go by.

Your Diagnostic Code could fall into arthritis or other things different from this example

and if I've remembered right the bilateral's will figure into your percentage.

I do not know much about bilat's but I know rental and poolguy do, maybe they'll

chime in.

carlie

Department of Veterans Affairs § 4.71a

THE SHOULDER AND ARM

Rating

Major Minor

5200 Scapulohumeral articulation, ankylosis

of:

NOTE: The scapula and humerus move

as one piece.

Unfavorable, abduction limited to 25°

from side ............................................. 50 40

Intermediate between favorable and unfavorable

............................................. 40 30

Favorable, abduction to 60°, can reach

mouth and head ................................. 30 20

5201 Arm, limitation of motion of:

To 25° from side .................................... 40 30

Midway between side and shoulder

level .................................................... 30 20

At shoulder level .................................... 20 20

5202 Humerus, other impairment of:

Loss of head of (flail shoulder) .............. 80 70

Nonunion of (false flail joint) .................. 60 50

Fibrous union of ..................................... 50 40

Recurrent dislocation of at

scapulohumeral joint.

With frequent episodes and guarding

of all arm movements ............ 30 20

With infrequent episodes, and

guarding of movement only at

shoulder level .............................. 20 20

Malunion of:

Marked deformity ............................ 30 20

Moderate deformity ......................... 20 20

5203 Clavicle or scapula, impairment of:

Dislocation of .......................................... 20 20

Nonunion of:

With loose movement ..................... 20 20

Without loose movement ................ 10 10

Malunion of ............................................. 10 10

Or rate on impairment of function of

contiguous joint.