Calling All With Knowledge, Advice Needed

[Michellee]

First I would like to give honor where honor is due and wishing all a Happy and safe Memorial Day. I was asked to comment on this guys recent award but I really couldn't so I will shoot the questions and concerns your way to see what you all think. Okay our friend for the past 10 years had sc for djj of Cervical spine 30%, Lumbar Muscle strain with degenerative changes at 10%, Muscle strain of the left knee at 10%, recurrent right ankle sprains at 0%, and the left also at 0%, GERD at 0%, DJD of the left shoulder at 20%, okay he files a recent claim and did all the C&P etc and now comes the new SC Lumbar muscl strain with degenerative changes with IVDS goes from 10 to 20%, DJD cervical spine, cervical spondylosis with IVDS (new description ) they say havent changed and remains 30%, DJD left shoulder remains 20%, GERD remains at 0% even though he is constantly complaining on medication and they deleted out of thin air his knee condtion the new award has determined that no service connection could be granted when he was already previously rated 10% as muscle strain of the left knee at 10% poof gone. How can they do this? This is what he asked me, :D , Then poof with another magic wand they present him with Bladder dysfunction 20% and erectile dysfuntion at 0%, and he didnt even ask or mention that in any claim. They said the VA examination and lab results summed up his urinary problems to incule the examiner linking it to his IVDS, he is not complaining one bit about that just was a bit shocked. Should he question what happen with his previous rating for his knee? How should he do this? By filing an NOD or reconsideration?He has sciatica real bad and still works and have real bad unsteady gait alwas fallling and have been placed on leave several times from the post office for groin injury after falling with mail all over the ground. He has atrophy of the right arm which anyone can physical see and huge bulging disk on his neck which causes him to look like the hunch back of Notre dame. He is on Gabapentin like I am and he takes all pain meds and some steroid for his spine and whole bunch of other stuff I cant believe this guy drives a Fed vehicle on the streets under the influence of all these meds but I understand he has to eat and has a family. We have to count our blessings. So what should I tell him about this recent award mainly he went from 60% to 70% its just pittyful how they do folks sometimes. Well he says he is not computer literate and doesnt even own a computer. Well let me know what you all think about this. Aside from all of that I have a question has anyone ever had pain in thier sternum area off and on but constant that have cervical bulge and spinal stenosis in the cervical area. Lately I have been having this feeling like I cant take deep breaths or suck in deeply and then my mid chest has been aching and burning all the time as well as that right shoulder down that right arm with all the numbness, tingling hot to ice cold arm , it is the weirdest feelings and the palm of my hand get down right blue. Serious I have showed them at the ER and and they have admitted it as well. As far as my change in my pain meds my doc decided to spread the dose out instead of every 12 hours he is doing three times a day and that I believe will be with the same dose not an increase. My pain has been outragious in the past couple of months it use to be manageable before they changed the color on me and the shape. We shall see how this works out I did talk to my doc about all of this though. So I trying to be patient but the pain geeze I havent slept no matter how sleeping pills I take I sleep for couple of hours and wake right out of my sleep just hurting. When I cant take it then i go to the ER and they shoot me up with all kinds of crap Dilauded, steroids and this other muscle shot they gave me I cant even think of the name but I know my pain was manageable for about 2 weeks after that. Thank goodness. When my pain gets that bad its not good for me seriously I start having suicidal thoughts, my blood pressure gets out of whack when I went to the ER in May after my pain was to much to bear my bp was 163/87 and got as low as 142/90 after the meds and they had me stay in the bed for several hours in the back in the dim room with hubby sleeping in the chair. When we left my pressure was down to 116/92 which is my norm 108-116 is the highest it usually gets when my pain is managed. Got to run... take care ;)

[broncovet]

Your friend needs to file a NOD, electing a DRO Review. He also needs to get someone nearby, hopefully, knowledgeable..and a VSO may be of help to him especially since he is computer illiterate and wont be able to ask questions on hadit.

The VA is required to go through some very specific procedures to reduce your benefits, one of which is giving him 60 days notice to protest it. If they did not do that, the BVA or CAVC should reverse this reduction. The VA treats conditions independently..cervical spine, gerd, etc, so even tho his combined percentage went up, his lawyer may argue that this was an improper reduction because your benefits would have been increased anyway, and the benefits that went "poof!" were a reduction. I think the VA will argue that his benefits were increased, so its not a reduction, but he should consult with a lawyer CERTIFIED to practice at THE CAVC (a Veterans lawyer)

JMHO.

Your friend may be able to get a lawyer "pro bono" (for free), but, even if he has to pay the lawyer, it will probably only be 20% of the future "retro" and 80% of something is more than 100% of nothing.

[Michellee]

Thank you so much I am going to print this out and give it to him.

He just didnt understand how he got rated for things he didnt even ask for and then they just took away his knee ratings with really no explanation.

Your friend needs to file a NOD, electing a DRO Review. He also needs to get someone nearby, hopefully, knowledgeable..and a VSO may be of help to him especially since he is computer illiterate and wont be able to ask questions on hadit.

The VA is required to go through some very specific procedures to reduce your benefits, one of which is giving him 60 days notice to protest it. If they did not do that, the BVA or CAVC should reverse this reduction. The VA treats conditions independently..cervical spine, gerd, etc, so even tho his combined percentage went up, his lawyer may argue that this was an improper reduction because your benefits would have been increased anyway, and the benefits that went "poof!" were a reduction. I think the VA will argue that his benefits were increased, so its not a reduction, but he should consult with a lawyer CERTIFIED to practice at THE CAVC (a Veterans lawyer)

JMHO.

Your friend may be able to get a lawyer "pro bono" (for free), but, even if he has to pay the lawyer, it will probably only be 20% of the future "retro" and 80% of something is more than 100% of nothing.