Umm...rated 0% For Hysterectomy Scar...va Didn't Mention Actual Hyst?

[LILS]

Hey Everyone!

Ok, finally 16 months after filing a BDD claim, I received a rating for 40% (30% Major Depressive Disorder & 10% Migraines). Someone please correct me if I'm wrong, but isn't a TOTAL HYSTERECTOMY 50% by itself? The VA didn't even mention the actual surgery; they only mentioned my scar. What the hell?? Also, I have sleep apnea WITH a CPAP, but they denied that because "The evidence does not show a current diagnosed disability". Am I supposed to go get that checked every year or something? It says it in my records and the military even did a medical board decision on it.

I also got "Resolved" "The evidence does not show a current diagnosed disability" on my claims for Premature Ventricular Contractions (PVCs) & a sacrocervicopexy (surgery to put your bladder where it's supposed to be; caused urinary incontinence prior to surg).

In 2009, I had a cardiac ablation (procedure where they burned 2 parts of my heart to stop some of the PVCs. There was a 3rd place that needed to be burned, but it was too close to a certain vessel & if they nicked it, I might have ended up with a pacemaker, so they left it. They put me on medication (Betapace) to control the PVCs that they were not able to stop. So my question is: How is that resolved when I am taking a cardiac medication for that & is that even able to be rated? Is it resolved because the medication doesn't cause them, even though I need to be on this medication for the rest of my life?

For the sacrocervicopexy, I haven't had a problem since the surgery. Am I supposed to get a rating, just for having to have the surgery?

Also, aren't they (the decision board supposed to list everything I filed for & explain the decision for each one, because they didn't do that either.

I've also had 3 knee surgeries on the same knee for a torn meniscus initially & then degenerative joint disease. On my third surgery, they removed a part of my tibia bone & put in a metal plate & screws. On my C & P exam I mentioned everyday pain, stiffness, weakness, & instability with occassional swelling. I told her I was taking an anti-inflammatory for the pain 3-4 times a week for the pain. How is it I get rated 0% when I've gone through all of these surgeries, have had bone taken out, have a metal plate/screws, & continue to have pain? Am I missing something?

This is my first notice of my percentage, so I'm "green" on the process. I will definitely be filing a NOD. The info says write a letter saying why I disagree. I'm assuming I need to send medical proof of the items AGAIN, even though I know for a fact they have it? I just want to make sure my NOD is worded right & I do everything I need to do.

ONE MORE THING: These idiots are going to be paying me as being a single veteran, when it clearly states I have a husband & 2 kids!

I really need some advice from my Had It friends. You all can usually steer me in the right direction. Thanks all!!

[jvretiredvet]

Someone please correct me if I'm wrong, but isn't a TOTAL HYSTERECTOMY 50% by itself? OK, I'll correct you. Your understanding of the term "total hysterectomy" might be flawed.

A total hysterectomy (whether abdominal or vaginal) is the removal of the uterus to include the cervix ... only; it does not include the ovaries or Fallopian tubes. BTW, there is such a thing as a sub-total hysterectomy, where the majority of the uterus is removed, leaving the cervical stump with some ligamental support; this procedure is not common in the US but is/was somewhat more common in Europe. I recall seeing only one subtotal hysterectomy in, well, many many years.

So, strictly speaking, a TAH or TVH only warrants 30% under DC 7618.

If an ovary or ovaries are removed during the procedure, that is a Right/Left/Bilateral salpingo-oopherectomy, a separate procedure for medical and legal purposes which must be specifically discussed and permitted. It is not necessarily routine to remove ovaries unless indicated (or the woman wants them ripped out, but that can cause problems later IMNSHO).

So, if ovaries are taken as well, the procedure becomes a a TAH (or TVH) with R/L/Bilateral SO. A combined TAH(TVH) with Bilateral SO does warrant a 50% under DC 7617. However, a TAH(TVH) with only the right or left SO still warrants a 30%, with a separate evaluation of 0% under DC 7619 for the removed ovary.

Oh yeah, don't forget SMC-k.

You're welcome.

Hey Everyone!

Ok, finally 16 months after filing a BDD claim, I received a rating for 40% (30% Major Depressive Disorder & 10% Migraines). Someone please correct me if I'm wrong, but isn't a TOTAL HYSTERECTOMY 50% by itself? The VA didn't even mention the actual surgery; they only mentioned my scar. What the hell?? Also, I have sleep apnea WITH a CPAP, but they denied that because "The evidence does not show a current diagnosed disability". Am I supposed to go get that checked every year or something? It says it in my records and the military even did a medical board decision on it.

I also got "Resolved" "The evidence does not show a current diagnosed disability" on my claims for Premature Ventricular Contractions (PVCs) & a sacrocervicopexy (surgery to put your bladder where it's supposed to be; caused urinary incontinence prior to surg).

In 2009, I had a cardiac ablation (procedure where they burned 2 parts of my heart to stop some of the PVCs. There was a 3rd place that needed to be burned, but it was too close to a certain vessel & if they nicked it, I might have ended up with a pacemaker, so they left it. They put me on medication (Betapace) to control the PVCs that they were not able to stop. So my question is: How is that resolved when I am taking a cardiac medication for that & is that even able to be rated? Is it resolved because the medication doesn't cause them, even though I need to be on this medication for the rest of my life?

For the sacrocervicopexy, I haven't had a problem since the surgery. Am I supposed to get a rating, just for having to have the surgery?

Also, aren't they (the decision board supposed to list everything I filed for & explain the decision for each one, because they didn't do that either.

I've also had 3 knee surgeries on the same knee for a torn meniscus initially & then degenerative joint disease. On my third surgery, they removed a part of my tibia bone & put in a metal plate & screws. On my C & P exam I mentioned everyday pain, stiffness, weakness, & instability with occassional swelling. I told her I was taking an anti-inflammatory for the pain 3-4 times a week for the pain. How is it I get rated 0% when I've gone through all of these surgeries, have had bone taken out, have a metal plate/screws, & continue to have pain? Am I missing something?

This is my first notice of my percentage, so I'm "green" on the process. I will definitely be filing a NOD. The info says write a letter saying why I disagree. I'm assuming I need to send medical proof of the items AGAIN, even though I know for a fact they have it? I just want to make sure my NOD is worded right & I do everything I need to do.

ONE MORE THING: These idiots are going to be paying me as being a single veteran, when it clearly states I have a husband & 2 kids!

I really need some advice from my Had It friends. You all can usually steer me in the right direction. Thanks all!!

[LILS]

Thanks for the info! My military records call it a TAH/BSO & so I did have everything removed, uterus, tubes, both ovaries. I know the schedules of ratings for that is 50%. Sorry. Forgot to add the BSO below. Why in the world would they comment on my scars, but not the fact I'm to receive 50% for having it all removed?? Thats crazy.

[LILS]

Oh yeah, what's SMC?

[USMC5811]

Special Monthly Compensation (SMC) for Serious Disabilities

Can a Veteran Receive Additional Payments for Serious Disabilities?

VA can pay additional compensation to a veteran who, as a result of military service, incurred the loss or loss of use of specific organs or extremities.

What Is Considered Loss or Loss of Use?

Loss, or loss of use, is described as either an amputation or, having no effective remaining function of an extremity or organ. The disabilities VA can consider for SMC include:

·

loss, or loss of use, of a hand or foot

·

immobility of a joint or paralysis

·

loss of sight of an eye (having only light perception)

·

loss, or loss of use, of a reproductive organ

·

complete loss, or loss of use, of both buttocks

·

deafness of both ears (having absence of air and bone conduction)

·

inability to communicate by speech (complete organic aphonia)

·

loss of a percentage of tissue from a single breast, or both breasts, from mastectomy or radiation treatment

Edited September 5, 2012 by USMC5811

[LILS]

Thank you for that info!

[Tbird]

A total hysterectomy with ovaries removed is compensated at the 50% rate + SMC K (For loss of use of creative organ). Spell it out again for them, I know how frustrating it is. Look here at the Schedule for Rating Disabilities

Look for the word Ovaries you will find it there under code 7617, it doesn't use the word hysterectomy it says the removal of the uterus and ovaries.