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

[jhorak101]

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

[Guest]

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%

[jhorak101]

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 ?

[Guest]

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

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 January 3, 2013 by pete992

[meghp0405]

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.