lumbosacral Rating Came In On 7/24/2014

[saints13]

Overall Request:

· Request Bilateral factor = 10% = Don't think they included my bilateral factor

· Request rating increase to moderate chronic, Recurrent bilateral patellar laxity, subluxation, lateral instability, severe re-occurring patella dislocations of right knee - 5257 = 20% = deferred and kept at 10%

· Request rating increase to moderate chrondromalacia patella of right knee - 5261 = 20% = deferred and kept at 10%

· Request rating increase to moderate chronic, Recurrent bilateral patellar laxity, subluxation, lateral instability, severe re-occurring patella dislocations of left knee - 5257 = 20% = deferred and kept at 10%

· Request rating increase to moderate chrondromalacia patella of left knee - 5261 = 20% = deferred and kept at 10%

· Request rating increase of bilateral knee limitation of motion, functional loss due to weakness, fatigability, incoordination, pain on movement of bilateral knee joints - 5260/5261 = 20% per knee = deferred and kept at 10%

· Request rating Arthritis, degenerative – 5003 / 5010 = 20% per knee = wasn't even mentioned in my rating letter and was never looked at

· Request rating IBS/gastritis- secondary disability to SC’d knee condition/overuse NSAIDs - 7307 = 10% = Denied

· Request rating mental condition to include: PTSD by HX, depression, anxiety - 9440 = 50% = Stated not enough evidence or a diagnosis of PTSD

· Request rating Tinnitus. C.F.R. § 3.156(a) (2010) and MOS Data info I got from this forum - 6260 = 10% = approved but also stated that a previous decision April 16th 1998 was clearly and mistakable erroneous, service connection is granted and established for tinnitus

· Request rating Lumbosacral – secondary disability to SC’d knee condition - 5237 = 20% = Denied

· Request rating Left hand medial nerve damage - secondary disability to SC’d knee condition 38 C.F.R. § 3.310(a) (2009) - 8515 = 20% = deferred and claim re-opened??? That's what it said

· Request convalescent leave for the period of November 1^st thru January 21^st 2014 for Left hand medial nerve damage surgical repair and convalescent - (38CFR 4.30) = 100% = Denied

End result:

Bilateral Factor = ??

Right Knee = 10%

Right Knee ROM = 10%

Left Knee = 10%

Left Knee ROM = 10%

Tinnitus = 10%

Left hand secondary = deferred and claim re-opened

Even with the 5 (10%) and bilateral factor, give me at least 50%?

Also wouldn't I get back pay for tinnitus back to 1998?

Also I have a pending bilateral knee surgery by a private Orthopedic surgeon consulted out by the VA. So VA is paying the bill for these surgeries. So why would my knee conditions not increase??

Thank you so much for all your time and help, it is so greatly appreciated. Oh I submitted it with your guys help on Janurary 31st, 2014 and had C&P on June 20th, 2014 and decision on July 24th, 2014

[USMC_HVEQ]

great post. Well you know where you are at somewhat with the VA now. You need IMO's for your secondary conditions from someone outside the VA. The IMO doctor(s) need to connect the dots with medical evidence and evidence within your records to do so. Not everything can be service connected even if it is an issue in your life. You can get treatment at least. VA MATH is confusing at times if you aren't familiar with it. it can still be tricky even when you are sometimes if bilateral factoring is involved.

You had 5 separate things rated at 10% WHIHC DOES NOT ADD UP TO 50%. Here is why. Condition #1, you were 100% health with 0%. They granted 10% so you are left with 90% of you healthy in there eyes. THen condition #2 10% of the remaining 90% that you are good and so forth.

#1=10%

#2=9%

#3=8.1%

#4=7.29%

#5=6.56%

I get 40.95 which rounds down to 40% total....i apologize in advance if my numbers or information is incorrect. I was just trying to help.

i tried to do it out, probably shouldve just input it into a calculator.

here's a site and you can do it for yourself

http://www.vvaarizona.org/combined_disability.php

Edited July 30, 2014 by USMC_HVEQ

[saints13]

Mrs. Berta,

Do you have any treatment records,to include any medication records, at all , specifically for anxiety,depression, or PTSD?

Yes all of that from October 2013 to present from the VA Hospital treatment records. I think the VA overlooked them and just went directly off the C&P examiners recommendation and nothing else. Cause all my notes contridict everything the C&P examiner said in her report.

Do you have a vet rep?

Yes I have a rep but every time I ask him a question he gives me an 800 # to call and says thinks and have a nice day

Have you asked your PCP for a referral to a MH provider?

My PCP referred me to Mental Health the same day I saw here in October 2013. And I have been seeing Mental health twice a week, one for group PTSD and one for individual PTSD therapy. Then the Mental Health Nurse practitioner every 6 weeks. All this since October 2013. All have given me medications, diagnosis's, hundreds of tests and even a 4 hour neuro test and all pointed to Severe Anxiety, Severe Depression, PTSD

Have you attended any vet center for PTSD help?

twice a week, one for group PTSD and one for individual PTSD therapy. Then the Mental Health Nurse practitioner every 6 weeks

[saints13]

USMC_HVEQ, no apologizes what so ever please!!! I'm very grateful for the information. I didn't think it would actually be 50%, I thought it would be 45.01 which I thought rounded up to a 50% rating. Again thank you so much for the info, now I know where I stand. I still have my left hand nerve damage that is still open that maybe 10% to 20% but it is still under review.

What happened to my Left hand:

I was sitting in a chair holding an air powered nail gun. My dad asked for it so I got up from the chair, my left knee gave out, I fell to the floor and the nail gun shot off and a 3in nail went directly into my hand severing the medial nerve. I have bilateral unstable knees and they pop out all the time, thats the only reason I asked for left hand to be secondary to my knee condition.

[Berta]

GEEZ.....


...something is definitely wrong here.....

You mentioned Diagnostic code 9440 ( PTSD is 9411)

Did that code appear on the rating decision ?

DC 9440 (acquired psychiatric disorder) is a ratable SC disability, depwending on the medical evidence and nexus:

It appears that the veteran insisted he had PTSD, but in fact had an acquired psychiatric disorder.

"ORDER

An initial 70 percent schedular rating for an acquired psychiatric disorder, to include anxiety disorder, NOS, and adjustment disorder with mixed anxiety and depressed mood is granted for the entire appeal period, subject to the laws and regulations governing payment of monetary benefits.


REMAND

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900© (2011). Expedited handling is requested.

Service Connection for PTSD

In the introduction to this decision, the Board pointed out that although the Veteran had submitted a timely NOD with an April 2008 RO rating decision that impliedly denied service connection for PTSD, the RO had not issued an SOC. The Court has held that an unprocessed NOD should be remanded, rather than referred. See Manlincon v. West, 12 Vet. App. 238 (1999). Accordingly, the RO or AMC should issue an SOC with respect to the denial of service connection for PTSD. The Veteran should be informed that, under 38 C.F.R. § 20.302 (2011), he has 60 days from the date of mailing of the SOC to file a substantive appeal or a request for an extension of time to do so. This issue will be returned to the Board after issuance of the SOC only if perfected by the filing of a timely substantive appeal. Smallwood v. Brown, 10 Vet. App. 93, 97 (1997)."

http://www.va.gov/vetapp12/files3/1217273.txt

The decision is interesting in this respect. The lack of the SOC is a legal error.BVA had toremand that part of the claim because it contained a legal error.
But the veteran's BVA award with render the PTSD claim moot.

Compensation ratings , and payment amounts are the same for all mental disorders and VA only pays for one MH issue.
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I wrote that above stuff prior to reading your reply minutes ago .....so it might not make sense after what you posted here....

I believe you should immediately file this type of claim:



There are no regulations for this type of frontal attack on a lousy decision that appears to contain a major legal error.

It has worked for me and my CUE request in the template is pending with a specialist.

If the VA had all of those pertinent records you mentioned, and did not list them as evidence and did not reference any of them in the decision, they sure have committed a CUE under the same regulations my pending CUE is on.

In the link to the template this is the legal error I used and I believe you can use too.

If I were you I would not only file this type of claim via fax and snail mail, I would file it as a IRIS complaint.

My past CUE yourself claim was faxed and IRIS as a complaint and they reversed their decision in 3 weeks.

The award letter however was still wrong, triggering the CUE request I filed in the template link and they are sitting on their thumbs on that one.

This type of request does NOT stop the NOD clock , and I did file a timely NOD but still they have to decide my CUE request first.

I was quite dismayed as to your first posts on all this but sure enough it looks like a VA SNAFU.

A good vet rep would have gotten on this right away.

But the best vet rep you will ever have is

YOU.

Here is how I stated the legal error they made,that seems to be what they did to you as well:

I state that the VA failed to apply the basic concepts and evidentary requirements of 38 USC, Chapter One, Part 4, Subpart A, under 4.6 et al, thus:
“Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law. “

http://cfr.vlex.com/...idence-19774393

Edited July 30, 2014 by Berta

[Berta]

PS, I am assuming you do have a documented PTSD diagnosis from the VA.......and a stressor that falls under the new Aug 2010 PTSD regs here , or of not, that can be proven.

[saints13]

Yes have VA documented PTSD diagnoses along with a well documented Stressor's. Was a Hospital Corpsman that was stationed with the Marines for almost 7 years. Constant stressors of wounded Marines everyday all day, Helicopter crash, etc

I first joined as a gas and turbine tech, then just a month before I actually went to boot camp they switched my MOS to Hospital Corpsman from Gas and Turbine Tech. Said they needed Hospital Corpsman more and fast tracked me thru. Boot camp, Hospital corpsman school, Marine Mini boot camp, Field Medical Corpsman school, sent directly to Marine unit the day I finished the last school.