Raters Adding To Original Claim

[blackbird]

Hello Vets!

I have a couple questions and wasn't sure where to post.

1- I'm going in a few weeks for my C&P exam for Degenerative Disc Disease in my lumbar spine.

Can a rater, if they want to, add cervical DDD to the lumbar DDD claim if he sees the cervical

DDD as a resulted from the lumbar injury?

2- Can time spent recovering from the claimed lumbar surgeries be added during the exam if you

have already sent the doctor's statement to the VA stating recouperating requirements?

I appreciate in advance your response,

Blackbird

[Testvet]

The raters can pretty much do what they want, but unless you asked for a specific benefit they usually don't add anything that would benefit you, and the doctors will not add new problems beyond what the C&P tells them to look at. I suggest if you want the additional claims to be addressed that you file a statement to the VARO stating exactly what benefits you want addressed......I have seldom heard of the VA raters douing the right thing despite having the ability to do it, they are on a "time clock" to adjudicate so many claims a day, so adding work to themselves is not something many of them will do....

[purple]

I don't know about your specific condition; but as far as ROs adding to a claim...yes. I only submitted for PTSD many years ago; but was awarded smaller amounts for skin cancer, migraines, scars, removal of creative organs, etc.

Again, much different conditions....but along the same lines. Best of luck!

[john999]

My experience is that if you want a condition accepted you better claim it. That goes for IU, agent orange conditions, and everything else.

[broncovet]

You will have a better chance at the lottery than you will at expecting a rater to add something to your claim. The mega millions is one in 175,000,000 and the odds of the VA processing your claim fairly and quickly are much less than that.

[sharon]

You will have to claim the cervical DDD as secondary to the Lumbar DDD.

[blackbird]

You will have to claim the cervical DDD as secondary to the Lumbar DDD.

Hey Sharon,

So if I understand correctly, I would have to wait until the lumbar claim is finished and then file another for cervical secondary to lumbar DDD? What do you think about mentioning the convalecence periods after each of the lumbar surgeries? Do you think they would include that at the same time since it is directly related or would I also have to claim that later? You would think that a rater would know that if you had lumbar fusion surgery, you would have a period of time that you were incapacitated. But then again, you're dealing with the VA System.

Blackbird

[Pete53]

Pigs flying in formation will happen before a rater will add something not specifically requested. The best bet is to request that the VA use all the records available to make the proper ratings.

[magician2000]

Pigs flying in formation will happen before a rater will add something not specifically requested. The best bet is to request that the VA use all the records available to make the proper ratings.

Pete... I don't know about that. On my very first application when I was medically discharged, the Navy gave me 20% for my arthritis and IBS, four months later I got my rating letter from the VA and it was for 60% and it also included my sleep apnea. I did not ask for anything other than a review of my records, and I figured that they were just going to rubber stamp what the Navy PEB said but they didn't. Goes to show you never really know what to expect from the VA.

And if pigs are flying in formation watch out for that damn swine flu virus...

[Bonzai]

On the opposite side, when I received my c-file, the one thing that really stood out were blood pressure readings consistently at or above 130/90 (meeting the VA's criteria for hypertension) and even a 5 day blood pressure check with 4 out of 9 readings higher than 130/90. So I guess it would really depend on the rater, but from what I hear, it is the exceptional rater who will add to a claim.

When I see pigs fly in formation, it usually signifies a need for medication adjustment!

[broncovet]

Magician...

I dont think we need to put "pig covers" over jet engines to keep the flying pigs from entering the engine during flight just yet. More likely, your VSO looked over your file and filed those claims for you, or, maybe even your wife...there is even a possibility that YOU filed for those extra claims and forgot you did so. It wont be the first time a Veteran, especially under economic distress, signed some papers his wife or VSO put under him and then forgot about it.

The closest I have been to seeing pigs fly or rating specialists add a claim to your awards is bacon or sausage on board an airliner.

[Jayg]

You will have a better chance at the lottery than you will at expecting a rater to add something to your claim. The mega millions is one in 175,000,000 and the odds of the VA processing your claim fairly and quickly are much less than that.

You never know. They added a shoulder to my claim. X-rays showed evidence of an old shoulder injury and I guess that generated the addition to my claim. It was denied for leck of evidence of complaint in service.

Of course, that's because I didn't injure it in service. B)