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C&p Results In Support Of Increase For Service Connected Conditions
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porter74,
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
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Lemuel, -
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
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Question
porter74
Sleep Apnea 50%
Menieres Disease 30%
Degenerative Arthritis Cervical Spine 20%
Tinnitus Recurring 10%
Carpal Tunnel Right 10%
Carpal Tunnel left 10%
Right Knee Patellofemoral with degenerative arthritis 10%
Left lower extremity radioculopathy with L4L5S1S2S3 sciatic nerve involvement and IVDS of the lumbar spine 10%
Left Knee instability 10%
Right Knee patellofemoral pain syndrome with degenerative arthritis 10%
Degenerative arthritis of the Lumbar spine 10%
Left knee pattellofemoral syndrome with degenerative arthritis 10%
The C&P that I attended April 5 and 6 were a Gen Med and Hearing C&P
I am attempting to gain an increase on the following items:
Menieres Disease 30% 1-2 Vertigo attacks per week, hearing loss
Degenerative Arthritis Cervical Spine 20%
Carpal Tunnel Right 10%
Carpal Tunnel left 10%
Here are the results for the C&P in the areas I requested an increase:
Meniere's Disease: Current Rating 30%
The examiner found that patient has diminished hearing and tinnitus with direct effect on balance, vertigo 2-3 times per week, disequilibrium and nausea with vertigo and staggering gait.
Final Diagnosis progression of his service connected diagnosis as the vertigo component of the Meniere's disease has increased in frequency. Diagnosis remains the same and progression has occurred.
Sinusitis/Rhinitis: Service Connected 0% Current Rating
Non-Capacitating Episodes in Past 12 Months 4
Final Diagnosis is a progression of the current service connected diagnosis due to sinusitis with headaches and allergic rhinitis.
Peripheral Nerve Conditions
Does the veteran's peripheral nerve condition and/or peripheral neuropathy impact his or her ability to work: Yes
Symptoms limit his ability to perform repetitive motions that aggravate his condition Ability to perform fine motor tasks is diminished due to his symptoms.
All nerves were evaluated. Final diagnosis is a progression of the current service connected diagnosis due to increase in pain and paresthesias and recent onset of stiffness of radial wrist/hand as well as decreased dexterity and ability to perform repetitive tasks using first 2 digits of either hand.
Wrist Condition: Carpal Tunnel 10% Service connected Right and Left Hand
ROM Measurements:
Right Wrist palmar flexion; Normal Endpoint: 80 degrees. Endpoint: 45 Degrees
Painful motion begins: 45
Right wrist dorsiflexion Endpoint 70degrees. My endpoint was 40 degrees
No evidence of painful motion.
Left wrist palmar flexion: Normal Endpoint 80 degrees My endpoint 60 degrees
Painful motion at 60 degrees.
left wrist dorsiflexion. Normal endpoint 70 degrees, My endpoint 55 degrees
Repetitive Motion after Repetitive Motion Testing:
Right Wrist post test ROM:
Palmar Flexion: 40 Degrees
Right wrist dorsiflexion 35 degrees
Left wrist post test ROM:
Palmar Flexion: 55 Degrees
Left wrist dorsiflexion. 55 degrees
Final diagnosis is a progression of the original service connected diagnosis due to increase in pain and paresthesias and onset of stiffness of radial hand/wrist. Decreased dexterity in both hands.
Neck Cervical Spine Conditions. Current rating 20% Degenerative arthritis.
Initial ROM:
Forward flexion 30 degrees.
Painful motion 20 degrees.
Extension ends: 30
'Evidence painful motion 20 degrees.
Right Lateral flexion: 35 degrees.
Left lateral flexion: 35 degrees.
Right lateral rotation ends 30 degrees.
painful motion 30 degrees.
Left lateral rotation ends: 35 degrees
Painful motion 35 degrees
ROM after Repetitive Testing:
Post test results:
Forward flexion 25 degrees.
Extension ends: 30 degrees
Right Lateral flexion: 35 degrees.
Left lateral flexion: 35 degrees.
Right lateral rotation ends 40 degrees.
Left lateral rotation ends: 35 degrees
Final diagnosis is a progression of the current service connected diagnosis due to degenerative arthritis of the cervical spine with radiculopathy and bilateral radicular nerve group involvement. There is severity of pain as well as radicular pain down upper arms bilaterally. Demonstrates decreased ROM.
Foot Service Connected 0%
Final diagnosis is a progression of the current service connected diagnosis due to plantar bilateral fasciitis and mild bilateral hammertoes. Plantar fasciitis has worsened in severity of pain in bilateral feet. he had tenderness on palpitation which was absent during prior evaluation, limits functional capacity at work with respect to the time he is able to spend doing weight bearing activities.
Ankle (Claimed as secondary to Foot)
Initial ROM:
Right ankle plantar flexion: Normal Endpoint 45 degrees
35 degrees
Right ankle dorsiflexion; Normal Endpoint: 20 degrees
20 degrees
Left ankle plantar flexion: Normal endpoint: 45 degrees
30 degrees
Left ankle plantar dorsiflexion: Normal Endpoint: 20 degrees
15 degrees
ROM After Repetitive Testing:
Right ankle plantar flexion: Normal Endpoint 45 degrees
35 degrees
Right ankle dorsiflexion;
20 degrees
Left ankle plantar flexion: Normal endpoint: 45 degrees
30 degrees
Left ankle plantar dorsiflexion: Normal Endpoint: 20 degrees
20 degrees
What are the possibilities of these service connected conditions being increased as a result of these C&P results.
Thank you
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