TravHill Posted March 8, 2012 Share Posted March 8, 2012 (edited) Finally received my notification today, I was increased from 20% to 40% for low back pain based upon Range of Motion, and also received a SC for Right Side Sciatica, 10%....combined a total of 46% rounded to 50% for payment purposes. Interesting enough, they also SC'd me (0%) for a back scar due to surgery (even though I didn't not make a claim for that). My claim goes back to Nov 2010....so I will get back pay to that date.....very happy about that. Another interesting item. I was originally discharged from the Navy due to my back issues and received severance pay. The VA has been holding my monthly check until I paid that back. In the decision was a notice that they have audited my payment history and they have noticed that the VA had recouped too much money and that they should have stopped back in Aug of 09....so they are paying me that back as well.....this made my day as that was over $8000 that I didn't anticipate :) Now, I had figured that under regulations I would be rated at 60% due to incapacitating episodes. I had doctor prescribed notes that specifically stated "BED REST". For my C&P exam, they specifically asked about incapacitating episodes....which I answered yes with a total duration of 66 days during the last 12 months....and all notes were provided with my claim to validate my time. However they did not mention/acknowledge my incapacitating episodes in the decision and certainly didn't account for them. My decision states: "The examiner confirmed your diagnosis changed from Intervertebral disc sysndrome of the lumbar spine to degenerative joint disease of the thoracolumbar spine with intervertebral disc syndrome". However both diagnosis still provide for Intervertebral disc syndrome. So my question is....is this a NOD....or a CUE? I am leaning towards a CUE as it seems that they just ignored the provided evidence and did not follow the regulations on rating. Other then this, I am actually happy with the rating! Good luck to everyone else and keep fighting the good fight! Travis Edited March 8, 2012 by TravHill Link to comment Share on other sites More sharing options...
alphahec Posted March 8, 2012 Share Posted March 8, 2012 Congrats!!! Operation Iraqi Freedom 07-08 40% lower back, 10% migraines, 10% depression, 10% dermatitis 0% residuals of right foot, 0% esophagitis & 0% hypertension "To care for him who shall have borne the battle and for his widow, and his orphan" - Abraham Lincoln Link to comment Share on other sites More sharing options...
#1Cavtrooper Posted March 8, 2012 Share Posted March 8, 2012 Congratulations to you! Yes they do service connect scars often times 0%, but still rated. Too bad the Va doesn't pay interest on your overpayment. But Good news anyhow! Hopefully the "cue" expert will jump in shortly. Why arrive at the grave relatively unscaithed, rather than to skid in sideways yelling "Holy Crap! What a Ride!" Link to comment Share on other sites More sharing options...
Notorious Kelly Posted March 8, 2012 Share Posted March 8, 2012 Congratulations on your win, TravHill, and good luck in the continued fight! Link to comment Share on other sites More sharing options...
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