Smc For Hysterectomy/ovaries Removed, But...?

[jvretiredvet]

The rating schedule does not have a Zero percent or criteria so that sounds like it has to be compensable. Not exactly. Please see 38 CFR 4.31 http://www.benefits....PART4/S4_31.DOC . If service connection is warranted but the condition does not meet the criteria for the lowest rating, a 0% may be assigned. This is valid UNLESS the Rating Schedule specifies a minimum evaluation, such as DC 7018, 7018, etc, and many in the 8xxx series.

For service connection on a presumptive basis, there is the requirement that "The disease must have become manifest to a degree of 10 percent or more within ..." 38 CFR 3.307(a)(3) http://www.benefits....ART3/S3_307.DOC

There is no such requirement for service connection on a direct basis. 38 CFR 3.304 http://www.benefits....ART3/S3_304.DOC

The rating schedule does not have a Zero percent or criteria so that sounds like it has to be compensable.

Pond was remended just as you say. it was remended because of the RO's discounting his own opinion. (Dr Pond)

He made his own opinion after he was involved in a MVA in service.

There is no posse following you.

When a veteran who is in need of assistance it is the responsibility of the senior members, Chief Petty Officer and above to offer unbiased objective opinions.

It is good to see the View point from the other side of the fence.

Also keep in mind that you are not the only VA person here. We have several. Hadit is also monitered by the VA on a regular basis..

Thank you for your contribution to this site.

J Basser

[LILS]

jvretired,

You seem a little condescending and/or bitter on your reply here. I wasn't going to respond to you at all, but I feel I must:

On another note, my husband and I were just joking about being a VA rater, so we can help clear the backlog. "IMNSHO, it requires two years or so of supervised training to become an adequate RVSR. Unfortunately, due to the start of the Benefits Delivery at Discharge (BDD) program, the Fully Developed Claim (FDC) program, and the influx of additional claims, RVSRs are being let loose upon the world after (sometimes) only 6 months. And I like the part , "joking about being a VA rater" , because it is all so easy ... until you have to do it yourself. I don't recall saying ANYTHING was easy. I know the backlog and influx of claims is overwhelming. We were joking about being raters, because we know our little help would not clear the backlog. I KNOW the influx of claims is overwhelming, because I was the only one on an entire AFB that had to review the medical records of EVERYONE getting a security clearance & I also had to create the Personnel Reliability Program for the entire base, run it, & review ALL the medical records for EVERYONE that was PRP. I was overwhelmed with that, so I'm sure the VA is 1000+ times worse. I would be more than happy to take the 2 years or 6 months of training & work for the VA claims. I also have no doubt I would be good at my job, regardless of how overwhelmed I was.

We're both looking for jobs, especially GS jobs & we've both spent our entire career in the medical field as med techs/EMTs, so we know all about medical conditions, etc. "So, actually this will place you in a position where you would be tempted to make your own diagnoses and create your own nexuses. Don't argue or say you won't ... medical and nursing personnel always do this to some extent". WRONG. I would not be tempted to make my own diagnosis, because for over 20 years that has been pounded into our heads. Not to mention, you can't possibly know what I, myself would be tempted to do. "Medical and nursing personnel 'always' do this to some extent"?? Once again, you are generalizing all medical personnel. To use part of your quote, "Under your logic", when a number of medical people do what you're saying, does that make us all do the same? I DON'T THINK SO. If anything, we as medical personnel would have increased knowledge on medical terms, etc, versus someone with NO medical training. THAT IS A PLUS, NOT A NEGATIVE, AT LEAST IN MY SITUATION...

The only difference between me and a lot of the VA rating reps, is I would never try to screw the veterans out of their well deserved $$. "Yeah, I've heard that before. FWIW, you might be surprised at the number of veterans, and disabled veterans at that, who currently work on your claims". I honestly don't care if you've heard that before. I probably would be surprised at the number that work on my claims, since that IS something I don't know. What I do know is my character; you have no clue. And I'll say it AGAIN, I would never try to screw the veterans out of their well deserved $$.

They need more vets in those jobs (OBVIOUSLY) since we wouldn't want to BS another vet (at least most of us wouldn't). "As above, there are a lot of veterans who are VSRs and RVSRs. Unfortunately, they also know how veterans might BS or con the VA. Now, I'll never say that any veteran lies about their claim or condition .. but I will say that some veterans might be somewhat confused about the exact circumstances and facts of their service". I will agree with you on this one. And I'll never say the VA lies about the veterans' claims/symptoms/statements, etc, especially on appeals, etc.

These idiots also rated me 0% for a hysterectomy SCAR, but did not even mention the actual surgery, let alone rate me!! I knew for a fact that that surgery was 50%. I just submitted my NOD on Monday for that and a couple of other things. Although I can envision several scenarios in which this might happen, I cannot attempt to explain or justify that, as this likely was a BDD claim. Though, I do feel the truncated training cycle may be a contributing factor.

"And, until you've been there yourself, I'd appreciate cutting back on the 'idiot' appellation. Under your logic, when a veteran submits an altered (falsified) DD Form 214, does that lead to the conclusion that all veterans are crooks"? I apologize for saying idiots, but that was a bonehead mistake for the person that did MY claim. If I would have made that mistake, even if I forgot to go back and rate the actual sugery, I would have called myself an idiot or bonehead. The person that actually did my claim would probably say, "What was I thinking"? or "Damn, I should've caught that". You've mentioned a couple of times, "until you have done it yourself"...Well, let me say on this forum, I would love to work for the VA & do this myself. I have a degree in Health Care Administration, so this would be right up my alley. If you know where my husband and I can apply, please feel free to forward the information to me. Thanks

Here's another good one. I was deferred for high blood pressure, even though it's clearly documented in my record for over 16 years & I have been on BP meds the entire time. On Monday, I have to drive 1 1/2hrs away for a VA C&P for that. Here's the kicker: How in the world are they going to see if I have high BP, since I am on BP meds to control it???? " It appears that neither diagnosis nor service connection is the issue here but the level of disability that needs to be documented. For why, please review the criteria for DC 7101. Please read it for what the criteria actually state and not for what you want it to say". I am very aware of DC 7101. As I stated earlier, I am on medication for BP. Here's my real situation (in red) & NOT WHAT I WANT IT TO SAY:

[Diastolic pressure predominantly 100 or more, or; systolic pressure

predominantly 160 or more, or; minimum evaluation for an

individual with a history of diastolic pressure predominantly 100

or more who requires continuous medication for control................................... 10]

Note 1: Hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm. or greater with a diastolic blood pressure of less than 90mm].

I've had more than my share of DOCUMENTED 3 & 5 day BP checks, not to include vital signs at every appointment. If I really wanted it to say what I want (as you suggested), it would say exactly that, because that is what I am entitled to. Nothing more, nothing less. Your statement, "Please read it for what the criteria actually state and not for what you want it to say", insinuates I am looking for something else, besides the answer to the question I actually asked?? I could go to these 3 day BP checks the next 3 days and my blood pressure could be any of these below, just because at the time I was stressed or something:

Diastolic pressure predominantly 130 or more......................................................... 60

Diastolic pressure predominantly 120 or more......................................................... 40

Diastolic pressure predominantly 110 or more, or; systolic pressure

predominantly 200 or more................................................................................. 20

Would I deserve those ratings? In my mind, I would not, because the 10% rating would be what it should be, because that is what "my normal" BP has been for YEARS & is controlled (as much as the docs could) by meds. I don't see how 3 days would trump 16 years of history whether my BP is much higher or lower during the 3 days. So, once again, to quote myself, "Here's another good one. I was deferred for high blood pressure, even though it's clearly documented in my record for over 16 years & I have been on BP meds the entire time. On Monday, I have to drive 1 1/2hrs away for a VA C&P for that. Here's the kicker: How in the world are they going to see if I have high BP, since I am on BP meds to control it"???? If my BP is 100/70 average at these 3 day BP checks, does that mean they're going to take me off my BP meds to see if my blood pressure shoots up without it? I don't get it. If I was the slug, you, jvretired seemed to make me out to be (my perception of your comments), I would pray my BP goes up to 130 diastolic for those 3 days & want the 60% disability granted. That would be WHAT I WANT IT TO SAY...

On another note: No one can deny the VA hasn't always acted in the best interest of the veteran, so unlike some people, I try to learn about the VA process, including what I am entitled to. I am very dedicated to this site & refer people to it all the time. I come on this site to get advice, give advice, vent, etc, just like everyone else...

[jbasser]

Thank you for that clarification. I appreciate it.

J

[jvretiredvet]

Condescending? I don't believe so ... perhaps seeking to strew a little knowledge here and there though.

Bitter? Nah ... not worth it.

The only two areas to which I deign to reply are:

1. Jobs: https://www.usajobs.gov/

2. Hypertension. I wrote my original comment, fully knowing what response I'd receive.

You selected only the part you wished to see. Actually, the operative phrase for the 10% is: minimum evaluation for an individual with a history of diastolic pressure predominately 100 or more who requires continuous medication for control. , whereas you chose only to concentrate on final six words of that phrase. Hopefully, the data would be included within your SMRs to show the history.

A'course, I am aware of veterans who chose to go off their medication to get their BP so they may qualify for a higher evaluation; I'm not sure I'd recommend that though.

jvretired,

You seem a little condescending and/or bitter on your reply here. I wasn't going to respond to you at all, but I feel I must:

[LILS]

Ok, maybe not condescending...cocky, perhaps?

Jobs: I have never seen that type of job advertised on https://www.usajobs.gov/. If you come across one, can you let me know PERSONALLY, ASAP? Or do you know the key words to search for that job?

Your quote: "2. Hypertension. I wrote my original comment, fully knowing what response I'd receive. You selected only the part you wished to see".

Sorry, WRONG again. Actually I stated, "Here's my real situation (in red)..." The whole section relates to me. I just underlined the fact that I'm meds to try to control it. Going off my meds, would be an "idiot" move. Since my BP already averages above 160/100 ON MEDS, I would not jeopardize my life to earn a few extra dollars a month. I bet you are aware of veterans who chose to go off their medication to get their BP so they may qualify for a higher evaluation. I have had an "idiot" associate suggest I do just that to get my BP higher. These would be the same type of people that you refer to that would try to scam the VA.

Thanks for all your info. You're always very informative in all your answers, even though THIS TIME, I didn't like the tone of your post.

Hey! Let's talk crap to each other EVERYDAY! That will help me pass the time when I'm searching for that VA job! Wonderful!

[jvretiredvet]

Welcome to the wild and wonderful world of post-retirement civilian employment.

Jobs: I have never seen that type of job advertised on https://www.usajobs.gov/. If you come across one, can you let me know PERSONALLY, ASAP? No

Or do you know the key words to search for that job? Try Department of Veterans Affairs->Regional Office of your choice-> Rater, or RVSR or Rating Veterans Service Representative. I might also suggest VSR or Veterans Service Representative; while one can sometimes "walk off the street" and into an RVSR position, being a VSR first traditionally has been the method of entry.

Occasionally, I have seen advertisements in local papers when a particular unique skill or experience set was needed.

Also, many areas host jobs fairs for veterans. Tho, most jobs are within VHA/VAMC, there can be some with VBA/VARO.

Ok, maybe not condescending...cocky, perhaps?

Jobs: I have never seen that type of job advertised on https://www.usajobs.gov/. If you come across one, can you let me know PERSONALLY, ASAP? Or do you know the key words to search for that job?

Your quote: "2. Hypertension. I wrote my original comment, fully knowing what response I'd receive. You selected only the part you wished to see".

Sorry, WRONG again. Actually I stated, "Here's my real situation (in red)..." The whole section relates to me. I just underlined the fact that I'm meds to try to control it. Going off my meds, would be an "idiot" move. Since my BP already averages above 160/100 ON MEDS, I would not jeopardize my life to earn a few extra dollars a month. I bet you are aware of veterans who chose to go off their medication to get their BP so they may qualify for a higher evaluation. I have had an "idiot" associate suggest I do just that to get my BP higher. These would be the same type of people that you refer to that would try to scam the VA.

Thanks for all your info. You're always very informative in all your answers, even though THIS TIME, I didn't like the tone of your post.

Hey! Let's talk crap to each other EVERYDAY! That will help me pass the time when I'm searching for that VA job! Wonderful