Bilateral And Other Questions

[ruby]

I had a DRO hearing 2 months ago and just had my new comp exams.

"The examiner is asked to provide an opinion, if it is as likely as not that the claimed condition is the same as or is a result of HS shown during active duty."

The examiner stated:

"The following medical opinion reached based on extensively reviewing of the C-files, medical records at VAMC and medical literatures."

It is the opinion of this examiner that this veteran's wide spread arthropathy/pain/arthritis/degenerative changes that involves in multiple joints, hands and axial skeletal (spine) are at least as likely as not a result of HS as shown during active duty."

The examiner then supported her opinion with medical rationale and supporting medical literature.

A. Since the examiner was asked if it is as likely as not and she stated at least as likely as not---Will this create a problem?

2. If the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent is for application for each such major joint or group of minor joints affected by lom. LOM must be objectively confired by findings such as swelling, muscle spasm or satisfactory evidence of painful motion.

B. If 10 joints ie shoulders, elbows, hands, knees and ankles bilateral show evidence of swelling and pain am I correct that I may recieve 10% for each joint using the bilateral factor.

C. If I have bilateral radiculopathy at the C6-C7 dermatomes this rating would be seperate of the rating for ROM for the cervical spine ?

D. If the C&P examiner stated that the pain, decreased rom and swelling have a significant impact on employment ( SSD for arthritis) is this normally sufficient to get IU if I don't get 100% secular

C. While I didn't ask for an increase the DRO had all my SC conditions re-evaluated. I haven't had a PFT in 5 years, will this hold up my claim while I am waiting for this test. I could possibly recieve an increase from 30% to 50% for my asthma but I doubt it (at least I hope not based on PFT's). I have documented asthma attacks throughout the year and I am currently on 4 inhalers for my asthma to prevent attacks (has been successful to a point-decreased steriod use).

While no one knows what the DRO will do does anyone know what should be done.

I will say that the DRO I had was polite and told me exactly what was going to happen. Once the hearing was transcribed (25 days) he would request a comp exam (30days) when he recieved the info he would finish my claim and send out the results. I am hoping he will have my results to me within the next 30 days as he as done everything he said he would do within the timeframe he gave me.

I would have to say that I have nothing but nice things to say regarding the DRO process or at least this DRO, up to this point. Yes, my opinion will change if he denies my claim.

I hoping my adventure with the VA claims process will soon be over. Thanks for any help on my questions.

Ruby

[Pete53]

Ruby:

Looks pretty good from what you posted. All any of us can ask for is a fair and impartial examination of the facts and yes I think your C&P is enough.

Good Luck

[ruby]

Thanks Pete.

Does anyone know about the bilateral stuff?

[john999]

The bilateral thing is supposed to increase your rating via a formula. It could be a factor in getting over the hump to IU. The higher your rating the less it impacts your rating. I have bilateral factor in both legs and arms. It has tiny inpact on my rating which is 90%.

[ruby]

Thanks John, guess I will just have to wait and see if I get IU or secular.

Just got a call that my PFT is scheduled for next week, I may get an answer within the month. I hope this DRO is really true to his word.

Ruby