lumbosacral I Have Two Diagnosis But One Rating?

[nyc-vet]

I was needing some help. When I submitted a claim 2 years ago for increase on low back and sciatica in leg, it came back as Lumbosacral Radiapathy.... I noticed in the award letter sciatica was not addressed or was it combined into Lumbo Rad...? Also I put in for anxiety and on my physical, I was diagnosed with Anxiety and Major Depression but still only one rating of general anxiety (9400). How can I get these separated into four different rating. Lumbar strain, sciatica, anxiety and depression? Or is this the way that it is?

[WHOLESALE]

You can only get rated for one mental disorder from what I have read on other posts here. I believe they combine them into one rating if you have multiple symptoms.

Someone correct me if i'm wrong though.

Jay

I was needing some help. When I submitted a claim 2 years ago for increase on low back and sciatica in leg, it came back as Lumbosacral Radiapathy.... I noticed in the award letter sciatica was not addressed or was it combined into Lumbo Rad...? Also I put in for anxiety and on my physical, I was diagnosed with Anxiety and Major Depression but still only one rating of general anxiety (9400). How can I get these separated into four different rating. Lumbar strain, sciatica, anxiety and depression? Or is this the way that it is?

[nyc-vet]

I agree from what I've seen they combine the mental issues. The medical description for my back is "Lumbosacral strain with myofascial and facet related pain and lumbosacral radiculopathy" I wonder if they are combining low back and sciatica?

[broncovet]

Dont give up. Tho some of them are combined, another possibility is that the RO just plain secretly denied one of your claims. They dont use the word secretly denied, instead they use the word "deemed denied". It is a giant ripoff to Vets. Here is how it works. You apply for two or more unrelated benefits..say, hearing loss, and loss of use of your leg. They deny (or award) hearing loss and dont mention loss of use of your leg. Loss of use of your leg is "deemed denied" and YOU MUST appeal it within a year even when it is not addressed. Since most Vets do not appeal this, the VA pulls a fast one on you. After a year passes, it is extremelely difficult to appeal, you now have to prove "Cue". You are going to have a big fight on your hands if you dont appeal a claim that the Regional Office messed up and never addressed it.

There are hundreds of "deemed denied" cases..that means the RO never addressed your claim so it was, therefore denied.

It is one of many "dirty tricks" the VA pulls on unsuspecting Veteran claimants.

Dont believe the VA would do this? Do a search using "deemed denied" and you will find many, many instances this happened.

Edited June 18, 2009 by broncovet

[nyc-vet]

That exactly what has happened. For the past two years I've been trying to get them to address all my original claims. They missed the anxiety (9400) issue totally the first time around. So i wrote a letter last year and they CUE themselves and gave 30 percent. But now I thinking Depression is a different code (9434) and should be separate. I guess I write another letter to get it addressed but now like you said it is beyond the one year. They pulled a dirty trick.

[purple]

Anxiety & Depression wont' be rated separately. Mental Health issues are always rated together no matter how many you have. Strange but true.

I don't know about the other things.

[broncovet]

I personally think a deemed denied claim is, in fact, CUE, as the VA has a mandataroy obligation to consider all claims and evidence before rendering a decision. Look it up, if you like. I recommend filing a CUE NOD, based on a deemed denial. I would also ask for a copy of your c file, to make sure the VA didnt shred stuff on the deeemed denial part. YOu have a long fight coming.