Respiratory Disability To Include Asthma And Copd

[ammodad]

my question is will they rate them both as one claim or separately because they both are separately diseases found out they have remanded the sinusitis but are going ahead and rating the asbestos exposure for the copd and asthma i could have sworn the guy at va told me they were counting them both as one or rating them both as one is that possible or will they both be rated separately is there any way to find out when asking them at the va they suddenly get forgetful or their computers are down and they can only see what you just mentioned.

and in the event they do rate them both as one how would they decide the percentage i know whey have a rating procedure they use or a way of doing things

Edited November 13, 2011 by ammodad

[casscntyman]

I realize this is an Asthma/COPD venue but this speaks to my previous posts in a way. I apologize in advance,

First this is a 2002 claim that I did through the DAV rep at the KCMO VA. I really did not know anything so I just went in filled out the paperwork and forgot about it. That being said, this decision is not making a lot of sense to me.

They stated that I wasn't going to the VA and wasn't taking my meds to warrant the increase to 30%. I was in the VA that month and I reordered my meds. I was taking Flunisolide 2x day, Albuterol as needed, Montelukast, Raberazole, Prozac. I was also using a Nebulizer twice a day and always.

have.

It also stated I continue to smoke cigarettes. I never have. They also stated I hadn't been to the pharmacy since 1989 which is good because I was still serving in the Marine Corps in Norfolk Va. till I was discharged in Jan. of 1990.

All of this information I have from my old SMR's I pulled out of the barn. It should have been easily available at the KCVA.

[casscntyman]

I realize this is an Asthma/COPD venue but this speaks to my previous posts in a way. I apologize in advance,

First this is a 2002 claim that I did through the DAV rep at the KCMO VA. I really did not know anything so I just went in filled out the paperwork and forgot about it. The decision is not making a lot of sense to me. They stated that I wasn't going to the VA and wasn't taking my meds to warrant the increase to 30%. I was in the VA that month and I reordered my meds. I was taking Flunisolide 2x day, Albuterol as needed, Montelukast, Raberazole, Prozac. I was also using a Nebulizer twice a day and always have.

It also stated I continue to smoke cigarettes. I never have. They also stated I hadn't been to the pharmacy since 1989 which is good because I was still serving in the Marine Corps in Norfolk Va. till I was discharged in Jan. of 1990.

For that matter I should have been 30% at discharge. I know that now of course.

Also since I was diagnosed with COPD in 1992, does the Veterans Claims Assistance Act come into play for me. Do I need to follow that process or wait or am I even eligible.

Edited January 31, 2013 by casscntyman

[71M10]

Welcome to the Club! You appear to have had the same mentality I did when I left the service. You (as did I) thought you were dealing with the VA, and the VA was there to do the right thing for veterans. You had a young family - needed to move on- so like a good Marine (or Soldier) you sucked it up and dealt with it, accomplish the mission (raising family and providing for family). I suspect the decision they gave you was very light on details and they made it sound as if the minimal rating they gave you for Asthma was very generous. 20 years down the road, your body is going to Hell in a handbasket, so you start finding out whats wrong and Doctors start indicating this didn't happen overnight. You dig into your service medical records and your initial VA Decision/s (that was a wait to get the details on those wasn't it), and you see that 20 years ago they wern't concerned with doing the right thing, they were concerned with making you go away quitely with as little as possible. What angers you is that it is quite apparent they lied, besmirched your character, and invented stuff to make thier decision look reasonable!

My story:

In 88 they SC me for a "Bone Condition" rated it 0%. On my exam paperwork I had asked them for a chest xray, ekg and stress test because of multiple physician appointments with specialists done before they would release me.

20 years later I find out, my VA Xrays showed arthritis through-out my thoracic spine. (by regulation they were supposed to survey all major joints and groups of minor joints -THEY DIDN'T). My SMR's had a definative diagnosis of Hypertension and Two physicians were arguing on the margins of my xray report whether I had right atrial enlargment and I had a bad EKG(middle of service). The exit physical with three sets of xrays and a visit to a cardiologist....It is no where to be seen. Detroit VARO signed for those records ---but they are gone!

I sure wish some of these new veterans charities -- the ones advertising on TV, would spend some of that advertising time while they are fundraising to point out the VA isn't doing the JOB and we have to step in to help. I sure wish they would would take 15-20 seconds of that commercial to say we need your help because when Sgt John Smith injured his lungs in combat the VA told him that they couldn't award his claim for a hysterectomy. Or we can't award you for the peice of hand grenade shrapnal lodged in your spine because you don't have any service medical records proving the injury. Some of this STUPID stuff the VA is doing needs broad exposure.

I wonder if John Stuart would add a Segment to his show, he could call it VA Logic, or I'm from the Government and here to help!

Sorry long post and Im all over the map --- must be the pain meds!

[Teac]

I realize this is an Asthma/COPD venue but this speaks to my previous posts in a way. I apologize in advance,

First this is a 2002 claim that I did through the DAV rep at the KCMO VA. I really did not know anything so I just went in filled out the paperwork and forgot about it. The decision is not making a lot of sense to me. They stated that I wasn't going to the VA and wasn't taking my meds to warrant the increase to 30%. I was in the VA that month and I reordered my meds. I was taking Flunisolide 2x day, Albuterol as needed, Montelukast, Raberazole, Prozac. I was also using a Nebulizer twice a day and always have.

It also stated I continue to smoke cigarettes. I never have. They also stated I hadn't been to the pharmacy since 1989 which is good because I was still serving in the Marine Corps in Norfolk Va. till I was discharged in Jan. of 1990.

For that matter I should have been 30% at discharge. I know that now of course.

Also since I was diagnosed with COPD in 1992, does the Veterans Claims Assistance Act come into play for me. Do I need to follow that process or wait or am I even eligible.

Not sure about what you me " do I need to follow that process or wait ".

If you presently have copd and you have never requested service connection, do not wait on the va or that matter anyone to do anything for you.

I was diagnosed with asthma in 1972, COPD in 1986

I was medically retired in 1986 and never received rating for COPD until 2005 . I reviewed my active duty medical records in 2005 after a doctor told me I had copd. I never realized in 1986 that asthma and COPD were different diseases. I had to go for another C/P exam, but gave the doctor a copy of my retirement exam and he indicated in the va medical record that COPD was diagnosed on active duty in 1986. In 2007 I went on oxygen.

If you wait to get rated for COPD than you could lose thousand of dollars in compensation. For years I had copd, and no-one ever questioned why half of my meds never worked. It was a smart doctor in Fort Gordon that determined I needed oxygen ..prior to that I was told being short of breath was normal for some one with asthma.

So like I said if you haven't been rated for COPD... you need to file a claim. You will still only have one combined rating asthma/copd.. but depending on the complicaitons you have could be the difference between a 30% rating and a 100% rating....

[casscntyman]

I finally received my C-File in the mail. What there is of it. As I have said earlier I should have been discharged 30% at discharge in 1990. Enough of that.

Respiratory (Obstructive, Restrictive, and Interstitial) Exam. December 17, 2002

Examining Provider: Vanbuskirk, Terry

Examination Results

"The patient's C-file and, in particular, his compensation and pension March 1994 examination was reviewed. The patient is 10% service-connected reference bronchial asthma. The Kansas City VA hospital progress note of May 2002 indicates that the patient is on Combivent with a sig of 2 qid (however, the patient used to use approximately two to six times a day) from the Kansas City VA Hospital plus Singulair 10 one in the AM plus Advair (from his private physician) one bid; however, for financial reasons the patient has not been on any inhalers for the past one month. The patient states that his dyspnea requires more medication to control same. The patient can breathe in but he cannot breathe out. The patient has minimal cough except at night. The patient denies ever smoking. The patient's weight has increased 40 lbs in the past one year. The patient has chronic chest tightness however, if he exercises (or with summer allergies), he has exacerbations approximately once a day.

Auscultation and percussion of the patient's lungs discloses slight inspiratory and particularly expiratory, wheezing. The patient has no typhoscoliosis or pectus excavatum.

Today we will obtain pulmonary function tests and chest x-ray.

Diaganosis: Bronchial asthma."

The C-file I received has none of the information in it concerning the above. There is one page where Dr. Charoac acknowledges I was a patient. I have had numerous PFT's since my discharge in 1990 COPD has been mentioned twice in PFT's and C & P's in regards to Diagnosis. The radiologist almost all say yes. The doctors interpreting the PFT'S say yes. The final time was in 2012 when Dr. Johnson Underwood stated on

07-26-2012 Addendum

"The veteran has COPD onset in 1992. The Veteran is a non smoker according to the VA records. The Veteran has Asthma. It is at least as likely as not that the Veterans asthma condition is the cause of his COPD."

During this C & P it asks if I was diagnosed with sleep Apnea and/or Narcolepsy and if so complete the Questionnaire. He stated I wasn't. I was diagnosed with Sleep Apnea on 10/27/11 by a sleep study at an independent hospital the VA sent me two. I was prescribed a very expensive CPAP machine at that time.

In my C-file there is no mention of this 1992 C & P PFT that this doctor as well as the one above is reading. They state they have read my civilian doctors notes. They are non-existent in my file. It hasn't been that long ago. I don't believe I was given the COPD rating until this C & P when this doctor stated it is more likely than not. Then they combined the rating and gave me 60%, which still has some pyramiding issues. In 1994 the rater said there was no evidence I was taking my meds etc. when obviously the letters must have been there because as recently as 2012 during my last PFT they noted them. So the information is there, then its gone, then it reappears.

There is nothing in my C-file but copies of PFT's and Rating decisions, my original discharge information and a few tests. There is not one handwritten note of any kind. No work product that would allow you to make any sense out of the material if you didn't already have all of your records from 1990 forward (for the most part).

I'm not sure how to put this all together where it is easy to understand and follow. My original representative wasn't that interested. He even said "you know you can get in serious trouble for lying about smoking". I can just file a NOD the best way I can and then get a lawyer I suppose.

[Teac]

It seems to me since the examiner stated "as likely as not" you should be rated for the copd & asthma together.

Of course the actual rating would depend on what medications your are using oral steroids( not to be confused with inhalant steroids), and PFT. IN the case of COPD the DCLO part of the PFT will help determine how bad the copd component is... No matter how hard you try or what you may think you are still only going to get one rating for the asthma & COPD. If you use oxygen or have other more serious complications you will be rated at 100%.

Presently, it seems you have not been rated for the COPD , you do have a valid claim for CUE, that is clear and unmistakable error, because based on the statement " likely as not" you should received the benefit of doubt by law and be rated for the COPD if you have not already been rated.