ExAirman Posted April 16, 2011 Share Posted April 16, 2011 I received my decision letter from the VA today and am simultatenously happy, unhappy, and puzzled by the results. I will explain. My full decision is: Obstructive Sleep Apnea - 50 % Lumbosacral Strain - 10% Degenerative changes of the cervical spine - 10% Mood disorder due to Graves Disease - 10% Hypertension - 0% Hemorrhoid - 0% Right Inguinal Hernia Repair Post Status - 0% Peripheral neuropathic abnormality of the right foot - 0% Trigger Finger right and left hand - No service connection Carpal Tunnel right and left hand - No service connection Total Disability percentage 70% (I am assuming they bilateralled the Lumbrosacral Strain and Spine percentages to arrve at 70%) Ok onto my analysis: Happy: - with the decision for 50% for sleep apnea - this is what I expected - with ratings of 10% each for 2 spine issues - I didn't expect this at all - I thought both were going to 0% from the C&P report Un Happy: - with the decision of 10% for mood disorder as the psychiatrist stated that clearly in my report I have "reduced reliability and productivity due to Mental Disorder signs and symptoms cited/measured" which is a direct statement from the 50% mental disability rating guide. The decision paperwork states "...your overall disability picture more closely approzimates the criteria contemplated in the 10% evaluation..." and it goes onto state "A higher evaluation of 30% is not warranted unless there is occasional decrease in work effeciency and intermittend periods of inability to perform occupation tasks...". I find this interested since I stated numerous times in the C&P report that I was quite concerned with my inability to complete tasks and that it constantly bothered me with my future plans of going back to school - as completing tasks is a significant need in school!!!. - I plan to file a NOD on this with my VSO. - with the decision of 0% on my foot issue, although this is what I expected. The C&P doc didn't seem to give a shit about determining what the real issue with my foot was - just wrote it off as he didn't know what the issue was and didn't send me for further review of the problem. This has been the most long standing problem I had while in the service and I want answers to the problem and acceptance by the VA of the problems that it causes me - I am going to go to my own podiatrist on this and file a NOD. Suprised: - by the non-serviced connected carparl tunnel and trigger finger - they are well documented in my records - but the decision states "...denied service connection... because there is no evidence of a chronic disability related to military service." I haven't had issues with them for years so I that is why they consider it not chronic. I find this odd that it wasn't rated at 0% just like my hernia repair - I don't have continuing issues with it either - but they at least rated it as 0%... I don't know if I should file a NOD on these. Thanks everyone here for putting up with my questions over the past few weeks - you have been great - especially Carlie! Owen Link to comment Share on other sites More sharing options...
ExAirman Posted April 16, 2011 Author Share Posted April 16, 2011 Oh, BTW, I didn't notice intially that the VA didn't include my previous decision of 10% for hypothyroidism in this decsion - that is where the additional % came to bring me to 70%, it wasn't a bilateral issue. Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted April 16, 2011 HadIt.com Elder Share Posted April 16, 2011 That is good. I am a bit concerned about the issues of hypertension, Carpal Tunnel. These could be secondary. You are treated for the thyroid and HTN can be a factor from taking Thyroid meds. You are service connected for the cervical spine and Carpal Tunnel or CTS can be related to cervical spondylosis at certain levels of the spine. Mainly C5/C6. You should check it out. You have a year to NOD a decision from the date the decision was issued. J Link to comment Share on other sites More sharing options...
carlie Posted April 16, 2011 Share Posted April 16, 2011 ExAirman, First of a big CONGRATS ! How are your effective dates ? At least your out of the waiting game for right now. You have up to a year to file your NOD. With the amount of time appeals are taking I'm starting to look at NOD's (the first step in the appeals process) a completely different way. Alot of people get real hung up on keeping the earlier effective date (I have been doing this also), but here's something I've started putting more consideration in. A claimant can go ahead and let their time clock to file a NOD run out. A couple of days after you hit that one year mark - you can re-open the issues with N&M evidence for both SC on which ever issues and an increase for what was low balled. 1) by then you should certainly have the N&M medical evidence that is needed. 2) I feel a straight forward request for increase (after the time frame for filing a NOD has run out) will take less time than everything that is included in the appeals process. I'm sure some will dis-agree with this, but I'm seeing it as the new way to go. Again CONGRATS ! JMHO Link to comment Share on other sites More sharing options...
ExAirman Posted April 16, 2011 Author Share Posted April 16, 2011 Thank you all! My effective dates for all claims were 1 Feb 2010 - my date of retirement. I'll look into the relationship of hypertension to thyroid medication - got a doc appt upcoming. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted April 17, 2011 HadIt.com Elder Share Posted April 17, 2011 Congrats and it is very unusual not to be low balled by the VA. If you are not working you might consider requesting TDIU. Link to comment Share on other sites More sharing options...
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