Inferred Claim

[donh777]

If the RO picked up 1 inferred claim on a c & P exam, will it do any good on a nod to point out more than what he gave rating for. Like got 10% for bladder but should have been 20%. and no mention of bowel dysfunction with partial loss of sphincter control with no pad required. The examiner stated it exactly like that.

[Philip Rogers]

Yes, it will do some good but you'll probably need evidence, other than your statement, as the VA assumes we all lie. jmo

pr

[carlie]

If the RO picked up 1 inferred claim on a c & P exam, will it do any good on a nod to point out more than what he gave rating for. Like got 10% for bladder but should have been 20%. and no mention of bowel dysfunction with partial loss of sphincter control with no pad required. The examiner stated it exactly like that.

Do you know or does the decision state what diagnostic code (DC) criteria,

this issue was rated under?

If not, then this is one of the few areas I suggest giving the 800 # a call for

as the 800 #, in most calls can at least provide accurate answers to the questions of:

1) What are my SC'd conditions

2) What Diagnostic Code each is rated under

3) What evaluation (percentage) level for each

4) What effective date for each

5) What is the current (combined evaluation percentage)

level I am receiving compensation at.

I feel for you bladder,you are probably rated under the DC criteria for:

Urinary frequency:

Daytime voiding interval between two and three hours, or; awakening to void two times per night . . 10

Bowel dysfunction is a completely different issue and different DC and criteria.

Is this a condition you have claimed or feel should be considered as inferred for SC ?

( 7332 Rectum and anus, impairment of sphincter control:)

[donh777]

Thanks carlie

Bladder dysfunction 10% 1/29/2011 7515

lumbar degenerative disc disease 40% oct 29,2010 5242

Major depression associated with lumbar DDD 50% 4/30/2010

C&P exam dated 1/29/2011 stated bladder dysfunction , bowel dysfunction with no pad needed and erectile dysfunction caused by lumbar ddd. They rated the bladder at 10%, no mention of bowel. ED was denied because a c&p examiner(different exam) says more likely caused by micro-vascular disease. He did say that ED was exacerbated or aggravated by medications for major depression. I also had IMO from private doctor stating ED caused by lumbar DDD and medications.