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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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RIVER RAT

Right Trapezius Strain And Right Shoulder Condition

Question

I was sent for a comp and pen exam as part of an BVA remand. The judge had stated that all of the evidence on record was in my favor but wanted a more current diagonosis and and the relationship to the service. I'm still awaiting a decision but, I have a copy of the exam report, here is some of what is in the report. What exams did he use and what codes would be used to rate trapezius strain and a rotator cuff strain and impingement syndrome of the right shoulder? Any thoughts on possile sc % if any?

Some exam results are;

right shoulder condition-Range of motion right shoulder in degrees. flexion 0 to 135, abduction 0 to 134, internal and external rotation 0-90. There was evidence of pain during movement of the right shoulder. The was some clicking with internal and external rotation associated with pain. The motion was primarily noted during motion in the rotator cuff deltoid area but also extended to the superior trapezius areas as well. Additional loss of range of motion during flares is not likely. For comparison the range of motion of the left shoulder is all normal. Right shoulder pain with abduction and adduction between 45 and 90 degrees. This condition has moderate affects on the Veterans activitieshe Veterans chronic right shoulder rotator cuff strain with impingement syndrome is as least likely as not caused by or a result of the Veterans military service.

right scapular and trapezius area indicates tenderness to palpitation over the superior and mid right trapezius muscle area over the rhomboid area. Although the veteran is not claiming spinal pathology in and of itself. alteration in neck movement due to his trapezius strain, range of motion of the cervical spine was measured. Range of motion of the cervical spine are as follows; forward flexion 0 to 30 , extension 0 to 40, right and left lateral flexion 0 t 40, right and left rotation 0 to 60. with neck movements there was there was increased pain noted in the upper right trapezius muscle, especially movement that would stretch that muscle. Based on examinatiob it would be feasible for the veteran to lose an addition 5 to 10 degrees of right and left lateral flexion and right and left lateral rotation of the cervical spine during flare ups of the right trapezius strain when these occur due to pain and spasm. This condition has had significant affects on the veterans activities.The veterans right trapezius strain is as least likely as not caused by or a result of the Veterans military service.

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

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      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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