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Opinion Of Receiving Disability Compensation - Please Help

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gossjl04

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Good afternoon everyone. I am a combat engineer sergeant with the national guard. In 2010, while at basic training, i suffered a fall which resulted in a separated shoulder. When I returned from basic training/AIT, an LOD was opened and it was determined that I was eligible to recieve care from my local doctors. I saw several doctors and went through physical therapy. X-ray and MRI imaging all revealed a widening of the acrcomioclavicular joint suggesting separation and a 3mm gap in the supraspinatus tendon consistent with a partial thickness tear (one of the rotator cuff tendons). A specialist suggested surgery but it was never authorized. In 2012, I fell off of a Stryker vehicle and again injured the same shoulder. The x-ray from the emergency room states:

"There is apparent loss of bone at the distal right clavicle either related to osteolysis, erosive changes, or prior distal clavicular resection. This leads to apparent widening of the superior aspect of the acromioclavicular interval. Several well-corticated adjacent ossicles are noted at the expected location of the superior acromioclavicular ligament. There is no dislocation. There is no widening of the coracoclavicular interval. IMPRESSION: No fracture is seen. Suspect osteolysis/erosion at the distal clavicle."

Bascially, my right shoulder sometimes bothers me. If I sleep on it wrong, then it may bother me for the entire next day, or, for example, if I shovel snow out of the driveway for two hours, it bothers me for two days, however, sometimes it is fine. My range of motion isn't bad except going behind my back bothers me, or heavy lifting. I have loads of treatment records and 2 LOD's documenting my shoulder injury.

I was wondering what everyone's opinion was to whether or not I should receive benefits, and if so, how much?

Thank you very much.

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Merry Christmas everyone!

I went to the orthopedist and he took an updated x-ray. My AC joint was still separated (worse than before) and he gave me a cortisone shot. He performed a bunch of ROM tests and other tests, and I took a VA Form 21-0960M-12 (Shoulder and arm conditions disability benefits questionairre) that he was going to fill out. I have not seen it yet, but he was faxing it to the Pittsburgh VA and mailing me a copy. He also recommended I get an updated MRI and see another specialist, which I'm waiting until January to do so.

I tested positive for all of the impingement tests (hawkin's, empty can, etc.). My ROM was normal until you account for pain, then it was at shoulder level for one of the tests, however, it is in constant pain all of the time (arm hanging down to side), just not was bad.

Since in my opinion there is no doubt that my shoulder injury is service connected (2 line of duty investigations proving this, one in 2010 and one in 2012) and the condition does exist, I'm confident I'll receive some type of disability. I'm thinking either 20% or 30% if you account for the constant pain.

One question I have is that if I am awarded, will it back pay to the date I applied for benefits, or will it be back paid to when I was out of active duty and clear medical evidence exists?

Thanks everyone.

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you can submit a claim while in the guard but you will need copies of your mob orders showing that your shoulder injury happened while you were on active duty or weekend drill. If service connected, the va will pay you a %. When you are mobilized you need to inform VA by providing them a copy of your orders. I've used copies of financial records for weekend drills. The va will stop your compensation while you are drilling or mobilized.

In your case, the effective date will be the date that VA receives your claim.

As for the rating of your shoulder, your % will be determined upon the results of your range of motion tests.

With the impingement issues, I'm sure they did a emg test. That will determine the severity of the impingement and nerve damage which will also be used on your rating.

The va does not rate on pain. Pain is a symptom and not a diagnosis.

I'm thinking maybe 20%, but you do have a lot going on with the shoulder and to avoid pyramiding the va will choose the disability that effects your shoulder the most. As stated previously, you may/may not have arthritis in your shoulder. This is usually an additional 10% again, depending on the results from the x-ray. without reviewing your medical records, that's just a guess...

good luck!

Edited by meghp0405
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I got out of active duty in September 2010 and was released to my National Guard Unit then, where I currently still am enlisted. I understand that the VA rates according to ROM, but couldn't it be argued that since the pain is constant, even when my arm is hanging to the side, that the ROM would be zero, since Deluca v. Brown calls for pain to be considered when determining the ROM?

An emg was not performed, maybe when I go back? He said the supraspinatus tendon may be more torn than it was last time I had an MRI performed, and that he thinks the labram has also been affected. Thanks!

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The doctor finally out the 'Shoulder and Arm Conditions Disability Benefits Questionaire'. Since he lists 85 degrees for both of the ROM tests when pain is a factor, that should be rated at 20% correct? He did suspect osteoarthritis, however, that is not added to the 20% rating is it?

On occasion, however, my shoulder will hurt when i'm not even moving it. Could this be considered a flare up with a ROM at 0 degrees?

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