Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Help - Help - Need More Help

Rate this question


carlie

Question

HELP - I'm not ashamed or shy to ask.

OK - how about this theory.

***** STEP 1

The VARO granted SC at zero percent,for R shoulder Bursitis on Rating Decision dated 6/14/2002,with an effective date of 8-26-1999.

The date on the VA's cover letter to me (with the Rating Decision) is June 20,2002.

REASONS AND BASES:

In the absence of limited or painful motion an evaluation of 0 % is assigned effective the original date of claim, 8-26-99.

***** STEP 2

§ 3.157 Report of examination or hospitalization as claim for increase or to reopen.

(b) Claim. Once a formal claim for pension or compensation has been allowed or a formal claim for compensation disallowed for the reason that the service-connected disability is not compensable in degree, receipt of one of the following will be accepted as an informal claim for increased benefits or an informal claim to reopen. In addition, receipt of one of the following will be accepted as an informal claim in the case of a retired member of a uniformed service whose formal claim for pension or compensation has been disallowed because of receipt of retirement pay. The evidence listed will also be accepted as an informal claim for pension previously denied for the reason the disability was not permanently and totally disabling.

(1) Report of examination or hospitalization by Department of Veterans Affairs or uniformed services. The date of outpatient or hospital examination or date of admission to a VA or uniformed services hospital will be accepted as the date of receipt of a claim. The date of a uniformed service examination which is the basis for granting severance pay to a former member of the Armed Forces on the temporary disability retired list will be accepted as the date of receipt of claim. The date of admission to a non-VA hospital where a veteran was maintained at VA expense will be accepted as the date of receipt of a claim, if VA maintenance was previously authorized; but if VA maintenance was authorized subsequent to admission, the date VA received notice of admission will be accepted. The provisions of this paragraph apply only when such reports relate to examination or treatment of a disability for which service-connection has previously been established or when a claim specifying the benefit sought is received within one year from the date of such examination, treatment or hospital admission.

***** STEP 3

Keeping in mind now - that in the following C&P -

R shoulder bursitis is ALREADY SC'd at zero % -

zero % due to the absence of limited or painful motion,

date I was notified of this rating was June 20,2002 - just 5 days short

of one year from the date of this C&P (3.157)

(o) Increases

( 38 U.S.C. 5110 ( a ) and 5110 ( b )( 2 ) , Pub. L. 94–71, 89 Stat. 395; §§ 3.109, 3.156, 3.157 )—

(1) General.

Except as provided in paragraph (o)(2) of this section and §3.401(b), date of receipt of claim or date entitlement arose, whichever is later. A retroactive increase or additional benefit will not be awarded after basic entitlement has been terminated, such as by severance of service connection.

(2) Disability compensation. Earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within 1 year from such date otherwise, date of receipt of claim.

C&P dated 7/15/2003

Examining provider: Hirschfield, Jan

Approved By: Dr. Sutton 07/29/2003

REMARKS:

It is my medical opinion that her cervical neck symptoms of pain and discomfort,

and an upper neck, upper shoulder scapula trapezius Rhomboid area is definitely

related to the three traumatic events from her military experience.

(trapezius

[trəpē′zē·əs] Etymology: Gk, trapezion, small tablea large, flat, triangular superficial muscle of the shoulder and upper back. It arises from the occipital bone, the ligamentum nuchae, and the spinous processes of the seventh cervical and all the thoracic vertebrae. It acts to rotate the scapula upward; adduct, raise, or lower the shoulder; and retract the shoulder. rhomboid /rhom·boid/ (rom´boid) [Gr. rhombos rhomb +-oid ] having a shape similar to a rectangle that has been skewed to one side so that the angles are oblique.)

4.59 Painful motion.

With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm will greatly assist the identification. Sciatic neuritis is not uncommonly caused by arthritis of the spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability.

It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. Flexion elicits such manifestations. The joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint.

Now - will this get me my danged 10 % - with the effective date retro'd ?

carlie

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • Answers 35
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

If you the patient 'complains' or 'describes' or 'reports' pain, that should be it. Benefit of the doubt. If you have a injury, you get medical care, its because it got worse. Husband attended exam, what freindly professionalism he heard contrasted with 'snippets of truth' used in the minimalistic exam report produced.

IMO - if there is pain mentioned, that indicates and active problem or even a past problem - not medical here, but know pain.

Tell em you need 10% minimum,

Best to ya, prayers and safe driving,

cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

  • HadIt.com Elder
C&P dated 7/15/2003

Examining provider: Hirschfield, Jan

Approved By: Dr. Sutton 07/29/2003

REMARKS:

It is my medical opinion that her cervical neck symptoms of pain and discomfort,

and an upper neck, upper shoulder scapula trapezius Rhomboid area is definitely

related to the three traumatic events from her military experience.

Now - will this get me my danged 10 % - with the effective date retro'd ?

carlie

Do you have any range of motion issues??

The information you posted, will help many disabled vets looking for research help.

"it shall be remembered"...

"We few"

"We happy few"

************************

Link to comment
Share on other sites

  • Moderator

Sometimes I think with the VA it is better to ask for more than what you want, then "settle" for what they give you. In other words, dont ask for 10%..ask for 50%.

Ask for much more.

Car sales people used to call it "scrape them off the ceiling" technique. Here is how it works. You want to sell the car for $15,000..and the dealer has $4000 invested in the car.

So, the dealer comes back with a price. They tell you you can have the car for $1200 per month. TWELVE HUNDred! That is more than my house payment! I cant afford that! I have to stay under $500 per month.

If we could get u the car for under 500 month, would u drive it home today?

Sure (thinking they would never go down that much)

Congratulations..we worked it out..you bought the car.

By putting an enomourous number in your head, then when you go back to a more reasonable number, $500 per month doesnt sounds so bad. However, if you are thinking

$200 per month, then $500 is the enormous number. By throwing out the $1200 number, $500 now sounds reasonable.

In the same way, if you ask the VA for 50, or even 80%, then let them tell you that 20% is the highest they will give you.

I never suggest you lie..ever..just remember to ASK BIG! You have to factor in what George Castanza called "shrinkage".

Link to comment
Share on other sites

  • HadIt.com Elder

Huh????

I would just ask for the rating and if it was low appeal it.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder

Great discussion, I agree 'ask'. Does the better statement go something like this ? While not specifying the 10%, it doesnt limit it either. It is an appeal, do add the particulars.

example Request increase for xxxx and the highest rating possible for this specific ---------(by name) condition.

Hope this helps,

Best to ya,

Cg

Edited by cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

  • HadIt.com Elder

You dont have to ask for the moon. You need to know enough about your medical conditions and use the provided schedule for rating disabilities as a guide and askk for what the schedule states. That way anything less is a mis application of the schedule.

That is the Key to ratings.

The regs and Legal precedent for an earned benefit, not a gift or grant like the VA thinks it is.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use