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A&a - Requirements

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This recent decision seems to be at odds with Bradley V Peake 2008. The VA is sticking to the "one disability rated at 100% plus 60%."

I ahte the vet is having the problem but my question for you guys on this AA subject is I had surgery for SC back 3 level lumbar fusion my surgeon wrote letter for me that siad I am unable to seek gainful employment as well as he wrote a second letter to the fact my arthritis was davanced due to the nature of my injury and also submited my paperwork for me for AA. While my claim is pending for IU and my wife also wrote to the effect she has missed work and we needed to be able to hire out some help for me as I cannot dress care for myself or transfer in and out of shower much less properly attend to some of my duties. putting in for AA is humbling but for the veteran and his family i suggest that you stay on it and get as many health professionals as you can. i honestly do not know what is going to happen to us as we will probally get denied which is a VA product these days.

What suggestions can you advise for me I am 80% 60% Hypertnsive heart disease 10% hypertension 30% migraines 10% Tinunitis and the DDD is 10% but after syrgery for my SC back I asked for TDIU and also claimed arthritis as secondary to my DDD. I got a denial but I went ahead and kept plowing forward so ahng in there we all have to belive there is a rightoeous person within the VA who will discover some of our claims. Again many thanks to all who could offer any help or advice. My motto is never give up that may change to regroup this fall as I honestly fear the upcoming winter ahead. Have a good day

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JaxVet

My opinion is that if you have not already doe so you should apply for TDIU 100% as he probably will get it after a C&P. This would mean a lot more money to him than the A&A although from what you said I think he will get that also. I am 100% with an S award and my wife on and the VA pays about 3300 a month. I think that you and your husband should get the same and if he get P&T which he should you would get other benefits including ChampVA Insurance for life

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JaxVet

My opinion is that if you have not already doe so you should apply for TDIU 100% as he probably will get it after a C&P. This would mean a lot more money to him than the A&A although from what you said I think he will get that also. I am 100% with an S award and my wife on and the VA pays about 3300 a month. I think that you and your husband should get the same and if he get P&T which he should you would get other benefits including ChampVA Insurance for life

TDIU was approved effective April 28, 2008. We have (thankfully) ChampVA insurance and a multitude of other benefits thanks to the P&T rating.

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"We put in a request for a rate increase for his original SC condition at the same time as the request for A&A. We also requested his Depression be added as SC secondary to his knee condition. The depression was rated at 50% for an adjustment disorder. As of his last neuro visit, all of his mental issues are a result of his (now SC) depression. So that will make one difference as at the time of the C&P (7/27/10) the depression was still non SC."

The VA will only award and pay comp on one mental health condition- the one most prevalent in it's affect to the veteran.

"Also, all of his disabilities are a result of his original service connected injury - knees. His lower back was injured due to the increased strain and altered gait. The depression is a result of the chronic pain."

Currently he is rated as follows (Note - he has two ratings on each knee):

Adjustment disorder - 50%

Deg Arthritis Lower back - 20%

Deg Arthritis Right Knee - 10%

Deg Arthritis Left Knee - 10%

Right ankle strain - 10%

Right knee - 20%

Left knee - 20%

He could possibly be eligible for 2 SMC "K" awards, the comp is 96 per month for each K award.

If he suffers from "loss of use of" his feet , and it appears that he might, he could ask for these SMC K awards.

Loss of use of the foot is dependent on inability to "propulse" - meaning to push off his feet in a normal way to stand, or that he has severe loss of balance and these could certainly be due to his other SC disabilities.

A Neuro immediately declared my husband 100 % P & T at a C & P exam simply by asking him to stand up,walk 4 steps then balance on his tip toes and then his heels.He almost fell trying to do these things to balance himself.

The C & P was for CVA residuals but any type of disability affecting the knees,and/or back, could certainly affect gait and normal use of the feet.

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Thank you all for your responses. I'm putting together letters now to be sent out Friday (via signature confirmation of course) when hubby gets paid again. I think this is where we stand now.

First, I'm working on a Request for Reconsideration Based On New Evidence with the following requests:

  • With the neurologist now saying the cognitive issues are due to his depression, we will be requested that the Adjustment Disorder be evaluated at 70% rather than 50%.
  • That the Lower Back rating of 20% be increased to at least 40% (but preferably 60%) based on the fact that he spends a minimum of 4-5 days per month (48-60 days or 7-8.5 weeks per year) in bed due to debilitating pain in his back.
  • That a new C&P exam be ordered since the doctor did NOT perform measurements using a goniometer. He apparently guessed at the range of motion degrees for my husband and funny thing is he guessed all normal.
    :wacko:
  • A reevaluation on the A&A based on his current rating of 100% TDIU for his knee and back disabilities with the additional SC disabilities of his adjustment disorder and ankle.

In separate letters, we will also be contesting the VA proposal to find my husband incompetent and we will be submitting information to respond to the VCAA request regarding the radiating pain from his lower back into both legs - for some reason the VA appears to have separated this from his prior knee conditions.

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Forgot to add, I'm not sure if he would qualify for a SMC K award since he can still use his legs, just not much. He can't stand for more than a few minutes, can't walk more than a few feet, etc.

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