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Appeal Procress Advice

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jecsb4

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Hi All, I received my 30% disability rating for my wrist problem and flat feet with hammer toes and bunons. They rated the bunon and hammer toes on each foot at 10% and 20 % for wrist with VA math = 30%.

I sumbitted a NOD and since then went to my SO and I provided him with additional medical evidence from my 2 foot doctors that say my feet are so bad I need to have a sit down job. I was rated as GAF 60. THe SO felt that I should not give the VARO a letter that a wrote or the doctors note. He said it would be better to wait for the SOC and the Form 9.

I disagreed w/ him and turned it all in with a new claim of back pain secondary to my feet condition. I also found out the VA rated my hammer toes and bunons together and they should be rated seperately. WHich I will address on appeal.

Did I do the right thing by turning in the data? This is the Houston VARO. Will they look at my new claim first, or will they procress the appeal first?

THanks, Joe

ALso, forgot to ask, if I am succesful in my appeal, would I get back pay from my orginal award date?

Edited by jecarey
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  • HadIt.com Elder

If you are in chronic pain and are depressed about it get a referral to VA psychiatry. Pain, disability and depression go hand in hand. Are you getting narcotic pain meds. These have side effects and should be included in your NOD or as evidence of more disability. I got 10% for each limb due to Peripheral neuropathy which I think is low given the pain but the VA usually low balls the vet every chance they get.

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If you are in chronic pain and are depressed about it get a referral to VA psychiatry. Pain, disability and depression go hand in hand. Are you getting narcotic pain meds. These have side effects and should be included in your NOD or as evidence of more disability. I got 10% for each limb due to Peripheral neuropathy which I think is low given the pain but the VA usually low balls the vet every chance they get.

I did file for depression, after I was mobilized twice since 2003. My 19 year old son dies in Dec 03, I got off active duty in Ooct 03 and then went back in on March 04. VA says my depression was due to my son's death. In my records, it shows I had been treated for depression before my mob, and yes, I got more depressed but due to my remob, 2 months after his death, I was unable to start the grieving procress and was seperated from my family.

I am working with a psychiatry dr to support thois claim.

Edited by jecarey
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I you don't mind me asking, what was the diagnosis on your wrist?

I had a severed liganment which was repaired. I got 10 for limited range of motion.

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