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Currently Rated At 100% , Waco Tx Varo Wants To Re Examine Two Conditions In June 2014.


jhorak101

Question

Hello I have been reviewing 38 CFR Part 4 for some information; I am looking for the "Chapter & Verse" if you will within 38 CFR Part 4 for how the VARO Rated each one of my conditions. The Decision report dated 28 Nov 2012 does not give the details that I am looking for. After my Title 10 USC Chapter 61 Disability Retirement from the Air Force in June 2005 , I filed for disability with the VARO in Waco TX July 2005, In February 2006 I was found to be 80% disabled , then in June 2011 I was increased to 90% by winning some appeals. In October 2011 I filed again for worsening conditions and in December I was increased again to 100% overall NOT for Individual unemployables. The report listed all conditions as Static except for two conditions, Tension Type Headaches and Gastroesophageal Reflux Disease (GERD) both rated at 30% , I am looking for these conditions in 38 CFR part 4 but cant find them listed , right now all my conditions are 70%,30%,30%,20%,20%,10%,10%10%,10%,10%,0%,0%, as of November 28, 2012 and they made it retroactive from September 2011. The VARO wants to re examine me in June 2014 for Headaches and GERD, so I want to look up these conditions in 38 CFR part 4 if anyone can help me I would appreciate it. And yes I am a member of a VSO but they did nothing to help me research this information all they did was give me the web site to the Government printing office and said go wade through it yourself. I did but have not been able to pin point these two conditions.

Thanks

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  • HadIt.com Elder

The VA can and will examine a 100 percent veteran at any time they want to.

Now that isn't a bad thing but they want to see if a disability has improved or not.

The have the right to do this. Is your rating Permanent and total?. If it i s, It really doesn't matter.

http://cfr.vlex.com/vid/3-327-reexaminations-19775463

Now for some good news. there are protections available after 5 years and thereafter with a 20 year rule.

Hang in there and don't worry too much about it. It your situation hasn't changed it should be no problem.

J

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The VA can and will examine a 100 percent veteran at any time they want to.

Now that isn't a bad thing but they want to see if a disability has improved or not.

The have the right to do this. Is your rating Permanent and total?. If it i s, It really doesn't matter.

http://cfr.vlex.com/vid/3-327-reexaminations-19775463

Now for some good news. there are protections available after 5 years and thereafter with a 20 year rule.

Hang in there and don't worry too much about it. It your situation hasn't changed it should be no problem.

J

Has something changed what is this 5 year protection you speak of.....

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  • HadIt.com Elder

From an earlier Hadit Topic: Carlie

When the issue of Protected Ratings comes up
it usually is in reference to the 10 and 20 years
levels of protection.


Sometimes a comment might be thrown in about
a 5 year level of protection.


I just finished reading (2 hours of reading) a document
that makes specific mention of the 5 years protection rule.


http://www.bva.va.go...ages220-262.pdf

Due Process in the Wake of

Cushman v. Shinseki: The Inconsistency of Extending

a Constitutionally-Protected Property Interest to

Applicants for Veterans’ Benefits

Emily Woodward Deutsch and Robert James Burriesci




" Once a beneficiary has been in receipt of benefits at a

particular rating for five or more years then the rating is considered

to be stabilized and additional requirements must be met prior

to reducing the evaluation.

191

After five years, in addition to the

above requirements, VA must provide the beneficiary with a full

and complete examination, in comparison with the examination

that was relied upon to grant the evaluation, prior to reduction,

and reduction will not be effected unless the examination reveals

sustained, material improvement.

192

In addition, after a particular

evaluation has been in effect for 20 years or more, then ordinarily

it may not be reduced.

193

The special protections triggered by an attempt to sever

or reduce a beneficiary’s entitlement make clear that VA provides

protections in excess of those required by the Due Process Clause’s

provision for a fair hearing as these due process protections focus

the burden of proof on the Government. As such, VA regulations

more than comply with the Due Process Clause."




The five years is alo supported by 38 CFR

Sec. 3.344 Stabilization of disability evaluations.

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  • HadIt.com Elder

My advice no matter what your rating is to go to the VA and get a PCP and do labs and see a doctor regarding your SC conditions even on a minimal basis. Be sure to complain every time you go about pain, depression, anxiety, and any other medical or psycho/social issues you have that relate in some way to your SC conditions and the impact they have on your life.

I know there are vets here who don't do this and some have good reasons. I don't like going to the VA, but I make minimal attempts to stay in the loop. If there was a clinic nearby I would make good use of that, but I hate a 15 mile drive to give urine. I do it to get my pills and they are always late. Is it possible to use a military hospital to give blood or urine samples for the VA?

John

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VARO told be your not considered P&T until you have been rated at your current rating for 20 years. From the decision I got they are only going to re examine two conditions in June 2014 , the others are considered static. But what amazes me is how the medical profession can think that a condition can improve, controlling it with medication is not improvement. I am still looking for these two conditions in 38 CFR part 4.

Thank You

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My advice no matter what your rating is to go to the VA and get a PCP and do labs and see a doctor regarding your SC conditions even on a minimal basis. Be sure to complain every time you go about pain, depression, anxiety, and any other medical or psycho/social issues you have that relate in some way to your SC conditions and the impact they have on your life.

I know there are vets here who don't do this and some have good reasons. I don't like going to the VA, but I make minimal attempts to stay in the loop. If there was a clinic nearby I would make good use of that, but I hate a 15 mile drive to give urine. I do it to get my pills and they are always late. Is it possible to use a military hospital to give blood or urine samples for the VA?

John

I have learned to keep an excel spreadsheet AKA Log book of my conditions and log in entries with dates and times when ever conditions bother me and interfere with my ability to function. I also send secure messages to my VAMC Doctor using myhealthe vet secure messaging, for example when I need medication renewals I write in a comment on how my condition is effecting me without the medication and or with it. My healthe vet messages are tracked and become part of your VAMC record.

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VARO told be your not considered P&T until you have been rated at your current rating for 20 years. From the decision I got they are only going to re examine two conditions in June 2014 , the others are considered static. But what amazes me is how the medical profession can think that a condition can improve, controlling it with medication is not improvement. I am still looking for these two conditions in 38 CFR part 4.

Headaches fall under Migraines 8100 and GERD 7346 (Acid Reflux) falls under Hernia Hiatal.

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50%

With characteristic prostrating attacks occurring on an average once a month over last several months 30%

With characteristic prostrating attacks averaging one in 2 months over last several months 10%

With less frequent attacks 0%

7346 Hernia hiatal:

Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60%

Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30%

With two or more of the symptoms for the 30 percent evaluation of less severity 10%

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Headaches fall under Migraines 8100 and GERD 7346 (Acid Reflux) falls under Hernia Hiatal.

8100 Migraine:

With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability 50%

With characteristic prostrating attacks occurring on an average once a month over last several months 30%

With characteristic prostrating attacks averaging one in 2 months over last several months 10%

With less frequent attacks 0%

7346 Hernia hiatal:

Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or other symptom combinations productive of severe impairment of health 60%

Persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health 30%

With two or more of the symptoms for the 30 percent evaluation of less severity 10%

@Pete992 thank you very much for this information I take it that its in 38 CFR part four correct ?

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http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div6&view=text&node=38:1.0.1.1.5.2&idno=38#38:1.0.1.1.5.2.110.67

Yes, this is CFR 38 Part 4, you can look up any of your rated service connected or rated non-service connected diagnostic codes. Every time a veteran files a claim it is given a diagnostic code, scroll down to the number that you were rated to find the rating criteria. You will have to scroll down to Hernia Hiatal 7346 and Migraines 8100.

Edited by pete992 (see edit history)
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I would like to add, that when you are having these headaches/GERD issues, you really need to visit a doctor to get these annotated in your records. If not, when VA brings you in for a C/P they only have what is already in your records. By having this new and material evidence, it will assist in determining the severity and frequence of your disabilities.

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