To File Or Not To File?

[rese]

OK, my fellow Vets and friends, I need you insight as I hope to learn if IU is a realistic option to apply for or not. I am 30% sc for pain and scars from hemangioma (blood tumors) of dominant hand, wrist and forearm.

I filed a NOD as 2 MRIs now show condition as "very extensive" and worsened so that writing, typing, lifting and meds side effects are very problematic--all documented.

Also, the records clearly state the disease tumors as recurrent, active, progressive, debilitating, inoperable, permanent, degenerative and excruciatingly painful. what are my chances if I file for IU?

your thoughts on "loss of use"?

will they push Voc Rehab?

Thank you for your expertise

rese

[Guest DON20906]

Infomal Expert? WTFAY?

Well, thank you for your comment, such as it reads. Not sure I understand it, but that's not my fault, is it?

I'm a professional veterans service officer with an ABA paralegal certificate and an MSW (woulda been a lawyer but I'm too old to pay off the school loan debt.) I also have a life outside of work.

Do you have a problem with what I posted?

Let's talk.

quote name='rese' date='May 12 2006, 11:03 PM' post='16312']

DON20906,

What can I say? Well, I can say some here a sort of informal experts that opine within their expertise, not pretending to be RVSRs but contributors of positive or negative advice based on what they are given--no more, no less.

Thank you for your input.

rese

[Berta]

Rese -this claim might help you get an idea of what both Don and I mean-

"In October

1992 the RO granted service connection for Freeman-Sheldon

syndrome rated totally (100 percent) disabling from the day

following separation from service, and awarded SMC under

38 U.S.C.A. § 1114(m) on account of loss of use of both

hands. Service connection was also granted for a back " etc....

The veteran's Freeman Sheldon syndrome caused the 100% involvement and loss of use of both hands. I know this is quite different from your situation-

But the point is- VA has said your condition affects your employability to 30%.

Do you have medical evidence that this hand disability causes affect to your elbow and/or shoulder of the same arm or that there is and any other significant disability due to it?

Has the VA made any determination as the the SMC "K" award in your case ?If they determine "loss of use of hand" ,that is the "K" award adding $87.00 to the 30%.

As Don posted - the actual reg:

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability etc-----

The judgement of the raters depends on substantial medical evidence of unemployability.

Voc Rehab info can be found at the VA web site under the Education button.

-

[rese]

Berta & HADIT community,

Points well taken. To the question " Do you have medical evidence that this hand disability causes affect to your elbow and/or shoulder of the same arm or that there is and any other significant disability due to it?" I answer yes, however it is not documented.

Does anyone know the name of that condition when your elbow locks up? That’s something I need to add.

My point is I think this is seriously underrated with existing documentation showing disease tumors as recurrent, active, progressive, debilitating, inoperable, permanent, degenerative and excruciatingly painful. And your statement "The chances in many cases is that the vet should probably be rated higher anyhow." is revealing. In addition, even without most of that, aren’t active progressive tumors supposed to be rated at 100%?

This 30% rating is only for pain and scars.

I can't find anything appropriate in the schedule that fits my condition, maybe I am overlooking it, or maybe they need to make something up?

I am going for the TDIU

Well, I call on the expertise of the HADIT community to assist me in locating the diagnosis code. If it exists.

rese

[Pete53]

I don't know but I am sure someone does.