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Need Help Finding Ratings In Tables


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Question

In short, with great help from the DAV I am working through an issue with the VA on my claim. They've lost a number of my records, when I requested them I received a stack with another veteran's records mixed in with mine, etc. The VA now says they are going to make a "quick" determination on my claim from the records they have. I can appeal anything they "missed". My intent is to look at what it seems I should be authorized for under Book C and have the DAV rep in Winston-Salem ready with that information to try and fix this before they go final and I have to get into the multi-year appeal process. I have about 10 days.

I am hoping someone can point me to where I can find the following conditions in the VA Book C rating tables:

1. Barrett's Syndrom

2. Gastroesophageal Reflux disease (shoudl this be rolled up under a single ratingw ith my hiatal hernia?)

3. Shoulder pain and loss of sensativity to heat and cold.

4. Elbow cellulitus

5. Neck pain

6. Chronic Pneumonia (shuld this be rolled up under my chronic bronshitus for a single rating?

7. Bialateral hip pain with arthritus

8. Joint Syndrome

9. Calcaneal Spur

Thank you in advance for the help. It will benefit me tremendously in this mess if I have something for the DAV to use with what we beleive is a fair rating.

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Are you employed?

If not -and with 80% now -why didn't the DAV suggest you apply for TDIU?

If you are still employed:

# 1 and 2 should possibly be combined into one claim-for one of the disabilities and the other claimed as secondary.I cant tell which one came first. There is medical association of esophagus and Barretts and GERD but that depends on what is in your medical records.

Has VA prescribed NSAIDS for you?

If so- has the DAV raised that issue ( the NSAIDS)as cause for SC? If not -WHY NOT!

3,4,5 8, and 9 are too vague for me to access the Schedule of ratings -actually the whole list is-and I am out of time to check any of them anyhow-the Schedule of Ratings is here at hadit.

Do you have established SCs that would show any of these as secondarys?

If not- are they referred to in your SMRs?

"n short, with great help from the DAV I am working through an issue with the VA on my claim."

Has the DAV ,through their great help,accessed enough of your records (SMRs) to see the potential of SC to all of these issues?

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I am hoping someone can point me to where I can find the following conditions in the VA Book C rating tables:

1. Barrett's Syndrom

2. Gastroesophageal Reflux disease (shoudl this be rolled up under a single ratingw ith my hiatal hernia?)

3. Shoulder pain and loss of sensativity to heat and cold.

4. Elbow cellulitus

5. Neck pain

6. Chronic Pneumonia (shuld this be rolled up under my chronic bronshitus for a single rating?

7. Bialateral hip pain with arthritus

8. Joint Syndrome

9. Calcaneal Spur

http://www.access.gpo.gov/nara/cfr/waisidx_09/38cfr4_09.html

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr4AppB.htm

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr4AppC.htm

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SEE BELOW.

Are you employed?

RESPONSE: I am currently doing about 8 hours a week as a consultant and picked up 1-2 consulting jobs (max 1 month each) so I do not have full-time employment. To be honest most of my time lately has been doing medical appointments. First to completely re-due my VA physical as required by the VA because they can't find all of the one I did previously - even though I sent them copies) and partly because I'm getting treatments for my back, etc.

If not -and with 80% now -why didn't the DAV suggest you apply for TDIU?

RESPONSE: Not sure. I can ask them.

If you are still employed:

# 1 and 2 should possibly be combined into one claim-for one of the disabilities and the other claimed as secondary.I cant tell which one came first. There is medical association of esophagus and Barretts and GERD but that depends on what is in your medical records.

RESPONSE: The Barretts was diagnosed first, but that is only because the Army didn't identify the Hiatal Hernia causing the reflux until the doctor at the Naval Medical center here looking at me for something completely unrelated asked if I'd ever had an endoscopy... he thought it was pretty dumb I had all those symptoms over the years and they never bothered to look. After that there is something in my record saying the Hiatal hernia (in part from an jump into Panama gone bad) resulted inthe reflux, Barratt's ext. I have a line of duty finding for thet as well.

Has VA prescribed NSAIDS for you?

If so- has the DAV raised that issue ( the NSAIDS)as cause for SC? If not -WHY NOT!

RESPONSE: Not sure what you mean. I am getting epidural steriods for my back and take reflux medication as well as pain medication for my back and steroid inhaler for service related asthma/bronchitus (Gulf war Related).

3,4,5 8, and 9 are too vague for me to access the Schedule of ratings -actually the whole list is-and I am out of time to check any of them anyhow-the Schedule of Ratings is here at hadit.

Do you have established SCs that would show any of these as secondarys?

RESPONSE: I don't think I have any "secondaries" all I have is an initial determination that lists the conditions and the tentative ratings.

If not- are they referred to in your SMRs?

RESPONSE: All of the conditions are listed in my SMRs

"n short, with great help from the DAV I am working through an issue with the VA on my claim."

Has the DAV ,through their great help,accessed enough of your records (SMRs) to see the potential of SC to all of these issues?

RESPONSE: The DAV has not done anything on SC. They have been mostly fighting the battle that the VA lost accountability for my records. This is the reason why I was trying to put something together they could use as a reference sheet in dealing with the VA when they come back with their findings. To date the VA has just ignored saying anything about some of the conditions I filed for (e.g. Barrett's)

CONCLUSION:

I have a summary by condition that addresses the question you have on my SMRs and that would probably give the detail you're asking about, but I'm a little reluctant to just post it on the internet.

Thanks for the help. Hope to hear from you again.

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"I have a summary by condition that addresses the question you have on my SMRs and that would probably give the detail you're asking about, but I'm a little reluctant to just post it on the internet."

You don't have to do that-I just mentioned whether everything you are claiming has a potential nexus (link) to your service and is mentioned in your SMRs or Discharge physical.

It sounds like you have covered that well.

"After that there is something in my record saying the Hiatal hernia (in part from an jump into Panama gone bad) resulted inthe reflux, Barratt's ext. I have a line of duty finding for thet as well."

Great! That record entry is good evidence.

Forget what I said as to the NSAIDs. Is the shoulder and back related to that jump?

"To date the VA has just ignored saying anything about some of the conditions I filed for (e.g. Barrett's)"

How long has the claim been in process? Have they sent you a VCAA letter yet?

I am glad the DAV helped you get your records. If you access your conditions within the Schedule of Ratings here- it will take time but you can get some idea as to how they rate some of these problems.It is best to search the rating schedule with the actual medical diagnosis of each condition.

If you are earning wages below the poverty level,the DAV will have the TDIU form and support the TDIU claim.

They could possibly make a positive and relatively faster decision on the TDIU and then defer any other issues.

There is info here on how to file the TDIU #21-8940 form.Under the TDIU forum.

Now I understand why the DAV didn't mention this form yet.They dealt with the missing files.

Edited by Berta
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