Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Evidence Of Another Condition

Rate this question


eagle-eye

Question

My Primary care doc at the VA is thorough and was not comfortable in giving me pain meds just because I "say" that I have intense & frequent headaches(SC30% for them). She asked if I had ever had injury to my head or neck. I told her yes and than explained some of the details of when I was attacked. The phucker (sorry..it makes me be able to talk if I can use that word) got off on slamming my head against the kitchen counter or off the tiled floor and waiting for me to become conscious again. Doc sent me to x-ray for my neck and 2 days later i'm getting an MRI done as well. I have the MRI results in front of me..."multilevel degenerative disease of the cervical spine. most significantnat C6-C7 w/mild spinal canal stenosis & moderate right/mild left neural foraminal narrowing.

All of my rated SC conditions stem from the attack.

I guess my question is I believe my headache rating is low for the frequency and intensity of them. Can this medical report be used to either increase my headache rating or is there another way to use it? I'm 100% TDIU non-P&T. I am currently 90% scheduler and feel I could be 100% with a few conditions that are bubbling to the surface.

I apologize about not being clear in what I'm asking. My head is swimming with mixed emotions. One hand I'm so happy to be awarded TDIU but other hand wondering if I keep going and claiming this neck issue. It already has caused me to be scheduled w/rhuematology and pain clinic. I understand the money wont increase but wouldn't it serve to protect me by having these possably rated?

You know you have grown old when you hear your favorite song in an elevator.

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Teac - just to clarify, that additional 60% need not be a single disability but can be additional disabilities totaling 60%.

pr

I have always advocated for a veteran to submit any claim that they feel is justified. However .. just a little insight.. your rated 90% now which means you may only needa seperate 20% more to get to 100% or you may need a se-perate 50% rating. Based on what you wrote there is no way for me to know. But my point is that it is almost impossible to go from a 90% rating to 100% raing unless the rating is for a single disability.

SMC was mentioned by Phillip, .. you would reqire at least a 100% rating with an additional seperate 60% rating just for SMC S. Or TDIU based on one condition and a seperate 60% rating...

Eagle-eye, Without more specific information concerning your ratings it is impossible to be more accurate....

Link to comment
Share on other sites

  • HadIt.com Elder

I woulf file for the additional disability, and ask for Chapter 35 while you are at it. I filed for additional disability after getting TDIU ten years ago. It eventually ended up with a separate rating of 60% and I got SMC "S". You never know where these disabilites will be in 10-20 years.

Link to comment
Share on other sites

Thank you for all the replys..I am going to move forward and claim what was discovered in my MRI. I'm scheduled for both the pain mgmnt clinic and Rheumatology so I will first see what i'm told about my condition. In a weird way I'm pleased the VA discovered the possability for my headaches. It was discouraging to always be told that I was bringing them on myself. Almost like I wasn't being believed. I'm scared though too. I wasn't really prepared to hear there was actually something wrong with my neck.

The home invasion & attack I received was over 10 years ago. I had worked through most of the anger by now. No longer angry about losing my 12 year military career or the other great job I lost 18 months later. No longer angry that it caused huge issues between my husband and I.(financially, romantically, socially). No longer angry about how I hate being crowded and having my space invaded. No longer angry that my heart jumps when there's someone at the front door...BUT now im angry again that another part of my body is damaged because of one disturbed stranger that hated women and especially hated a woman in uniform.

Posting on this site has done more for me emotionally than several months of therapy. I feel good here. I apologize though if I make any of you uncomfortable in my sharing personal issues. And just to note; the guy who tried to ruin me WAS NOT military.

Respectfully,

Eagle-Eye in Texas

You know you have grown old when you hear your favorite song in an elevator.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use