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Residuals Of Disability


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I recently was enlightened to another facet of VA claim compensation that might be overlooked.

We all know the issue has to originate in service, must be currently diagnosed and receiving care, and then either be deemed chronic, need a nexus letter connecting to service, or able to show continuity of treatment since discharge.

Another part that we need to be aware of is medical evidence and statements of residuals associated with the disability.

Its not ok to just send an x-ray of a broken bone, but also the physician should accurately and descriptively described any residuals (adverse affects) from the disability.

My neighbor received a denial letter noting the ankle condition as being "chronic" in his military records.

However the denial was based on no residuals (current or past military medical records) noted by any physician.

I find it amazing a doctor would opinion a injury as chronic, but not note how the injury hinders the individual.

I'm sure it wasn't done in malice, but veterans please be aware a diagnosis isn't sufficient without the narrative of how the injury/sickness/disease/loss of limb affects everyday functioning.

"NEVER GIVE UP"

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I forgot to add, residuals can be symptoms from the disability or adverse effects from he disability that affect everyday life.

"NEVER GIVE UP"

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Absolutely! Good info.

Residuals, as secondary to the prime SC condition, are ratable and can even set the stage for SMC down the road, when the veteran gets either 100% or TDIU.

Residuals, which might include secondary serious conditions from diabetes, for example, could even contribute to a veteran's death.

In my pending claim VA awarded as accrued , 100% P & T for "residuals" of a 1151 stroke my dead husband had but the medical evidence clearly revealed that his "residuals" warrant an additional 20 months of 100% P & T plus SMC for 1 vet, 1 wife-1 child.

I kept thinking they owed only 15 months but looked at the claim and it is 20 months.

They did follow the VA regulations for a Major CVA stroke ....100% for 6 months and then rated for the 'residuals" which in my case involved the continuous 100% rating. plus the SMC HB.

I only found 2 other cases at the BVA where the vet was rated 100% for stroke beyond the 6 month period.

It concerned me, because although many stroke pts do improve , VA did not treat my husbands stroke properly anyhow right away when he had it, and they themselves caused his SSA award for stroke and for his inability to continue Voc Rehab or do just about anything at all.

I think the word 'residuals' can often be misinterpreted by VA and cause some lowball secondary ratings.

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