hypertension Help - Need Respiratory Experts

[carlie]

I have recently received a decision from BVA with the Order and Remand instructions.

One issue addressed in the order states:

Service connection for Asthma and Bronchitis is granted.

(I will be having a PFT done at my VAMC for C&P purposes to determine current level of disability, in 2 weeks)

In studying the Schedule for Respiratory, I have always been focused on FEV results, for Asthma.

Under the Asthma criteria, my medical evidence meets the 30 percent criteria (shown by my 2008 PFT results).

Sec. 6602 Asthma, bronchial: FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 30 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication...

I have just realized in the Schedule Criteria for Bronchitis there are other criteria that can be met.

It falls under one of the "ors" and is a DLCO percentage found in the PFT test.

Under the Bronchitis criteria, my medical evidence meets the 60 percent criteria (shown by my 2008 PFT results),

which shows DLCO (SB) is 52.7 percent of predicted.

6600 Bronchitis, chronic:

6600 Bronchitis, chronic: FEV-1 less than 40 percent of predicted value, or; the 100 ratio of Forced Expiratory Volume in one second to Forced Vital Capacity (FEV-1/FVC) less than 40 percent,

or; Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/ kg/min oxygen consumption (with cardiac or respiratory limitation), or; cor pulmonale (right heart failure), or; right ventricular hypertrophy, or; pulmonary hypertension (shown by Echo or cardiac catheterization), or; episode(s) of acute respiratory failure, or; requires outpatient oxygen therapy............................................

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 60

to 55 percent, or; DLCO (SB) of 40- to 55-percent predicted, or;

maximum oxygen consumption of 15 to 20 ml/ kg/min (with cardiorespiratory limit)......

Since the BVA has stated I am now SC'd for Asthma and Bronchitis - I believe the regs state something to the effect

of compensating the veteran at the highest level allowable.

Here is my question for right now is, Am I understanding this correctly and that I should be compensated under

the criteria for Bronchitis versus Asthma as I should receive 60 percent under Bronchitis versus only 30 percent

under Asthma.

Thanks for any and all replies.

[Philip Rogers]

Tho, this is not an answer, I suggest you quit smoking. jmo

pr

[jbasser]

This would fall under the higher of 2 evaluations rule in part 3 of the regs. The DLCO ir diffusion level will be the deciding factor. You will fit into the 60 percent criteria.

J

[carlie]

Tho, this is not an answer, I suggest you quit smoking. jmo

pr

I know - I know - I know.

One of my psychiatrist's put in my record's,

patient continues to smoke, is viewed as her way

of slow suicide.

[pacmanx1]

Carlie, have you seen this;

§ 4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90–493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.

Also as JBasser said;

§ 4.7 Higher of two evaluations.

Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

Of course you already know, that since you have already won your service connection, if VA tries to low-ball you, you can disagree your rating back to the BVA for a higher rating.

Hope this helps.

[Philip Rogers]

Sorry, had to mention it. My ex quit 10 months ago. Actually it's part of the reason we divorced. The VA is quite helpful with that. Hugs, sis!!!

pr

I know - I know - I know.

One of my psychiatrist's put in my record's,

patient continues to smoke, is viewed as her way

of slow suicide.

[Teac]

I concur with every one you should be rated under the code of the higher rating... Now quit smoking .. its just going to kill you ....but before it does you will end up with COPD or worse pu ton oxyge.. Copd is the 4th highest killer in the US.. So really think about quiting...... While I never smoked, I am on oxygen and it is not fun...