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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
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      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
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      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
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masters101

Please Help

Question

My wife was medically discharged from the USAF 15 years ago and rated at zero percent from the VA. We were young and did not know what to do so we simply took the rating and moved on with our lives. My wifes condition has become severe and she can hardly get out of bed. We found this great site and started our quest for justice and we really owe so much to everyone; Thank you , thank you , thank you. My wife finally received a 20 percent rating from her knees but she is still rated zero percent for her back because the last C&P did not have a Range of Motion completed. We notified the VA through our DAV office, the VA has done a great job getting my wife another appointment to have her ROM completed. We have found many helpful people along the way to include the VA, the DAV, the Doctors and nurses at the VA, and of course the great group of people on hadit.

My wifes last C&P clearly stated she should be at 40 percent for her back, however there was not a ROM test completed. The Doctor even put the words that she should be at 40 percent. My wife recent C&P was only 5 minutes long and it was simply for Range of Motion. Can someone please look at the report below and give us a opinion?

Again Thank you all so much.

Objective abnormalities of Thoracic Sacrospinalysis

Spasm

Left: Yes

Right: Yes

Atrophy:

Left: No

Right: No

Guarding

Left: No

Right: No

Pain with Motion

Left: Yes

Right: Yes

Tenderness

Left: Yes

Right: Yes

Weakness

Left: No

Right: No

Is the muscle spasm, Localized Tenderness or guarding severe enough to be responsible for abnormal Gait or abnormal spinal contour: NO

CERVICAL SPINE RANGE OF MOTION- (Thoraco-lumbar spine range of motion)

Active Motion

Flexion: 0-30 Degrees

Extension: 0-8 Degrees

Left Lateral Flexion: 0-15

Left Lateral Rotation: 0-15

Right Lateral Flexion: 0-15

Right Lateral Rotation:0-15

Is there objective evidence of pain on active ROM: YES

Additional Limitation with Repetitive motion

Is there objectvice evidence of pain following repetitive motion? Yes

Are there additional limitations after three repetitions of Range of Motion? Yes

What is the most important factor? Pain

Range of motion after Repetitive motion:

Flexion: 0-20 Degrees

Extension: 0-8 Degrees

Left Lateral Flexion: 0-15

Left Lateral Rotation: 0-15

Right Lateral Flexion: 0-15

Right Lateral Rotation:0-15

Other significant Phsical Exam Findings:

(+) Deluca, lumbar spine, all range of motions

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My wifes last C&P clearly stated she should be at 40 percent for her back, however there was not a ROM test completed. The Doctor even put the words that she should be at 40 percent.

masters,

For the record, in this case the C&P examiner really has no authority in adjudicating

the percentage level awarded for disabilities.

The authority for degree of disability is held strictly by the decision maker (rater).

The decision maker is supposed to consider all of the medical evidence

and part of their responsibility is to assign a percentage level.

I believe the only instance a decision maker will consider a C&P examiners

opinion on percentage level of disability is when the examiners opinion

relates to IU.

jmho,

carlie

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Regarding the C&P claim:

CERVICAL SPINE RANGE OF MOTION- (Thoraco-lumbar spine range of motion)

Active Motion

Flexion: 0-30 Degrees

That says both cervical and thoraco-lumbar. Were the measurements identical for both?

The rating for thoracolumbar flexion at or below 30 degrees is a 40% rating. (trying for that myself)

More importantly, check the C&P examiner's opinion. Did it say "is due to" or "least as likely as not"? If it did, that is a promising sign.

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file to have the original rating reconsidered based upon an isufficiant examination as well as the fact that the rater did not have all of the required information in front of them to determin the original rating percentage.

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file to have the original rating reconsidered based upon an isufficiant examination as well as the fact that the rater did not have all of the required information in front of them to determin the original rating percentage.

dwragon,

Welcome to Hadit.

There is no provision or regulation that would allow a claimant to file for a reconsideration

on an original rating decision that was adjudicated 15 years ago.

That's not how the adjudication process works.

jmho,

carlie

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The last C&P report stated:

VA Examination was conducted and results show an increased severeity of your lumbar spine condition that would warrant an evaluation of 40 percent disabling. However, VA revealed regional weakness or sensory changes which deviate from accepted meuranatomy. We requested VA examiner to clarify the findings and examiner respnded that the range of motion findings are not reliable and that further examinations are not expected to bring forth a different outcome.

That is why we asked for another C&P to be accomplished with a range of motion examination completed. The last Doctor never did a range of motion.

My wife is currently rated for her back, however it is at zero percent. Based on all of the finding she should be at 40 percent. The VA Doctor even stated that in his report. Hopefully with the Range of motion completed she will be rated correctly at 40 percent.

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    • Mere speculation in your VA C and P exam

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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