hypertension Finally Got My Rating....

[Nathan104]

Well after 11 months total and 6 months of sitting at the rating board, I called today and they told me my rating. This was my first claim after leaving the service for disability on my knee in dec 05. I had knee surgery on my knee in service and surgery on my lower back a few months after leaving service. I had good documentation in my SMR's for all my claims. I am very disapointed and simply in disbelief at my rating. I havent gotten my paper yet but this is what I was told over the phone.

Hypertension (20%) (This is actually what it should be based off what Ive read)

Gastro problems- (10%)

IBS- (10%)

tele right knee (10%) This just pisses me off

Degenerative disc Disease (10%) If the kne pissed me off, this makes me insane)

hemmoriods (0%)

scar-face (0%)

scar- knee (0%)

flat feet plantar- (0%)

Seasonal Rhinitus (0%)

Bilateral Tinitus DENIED

painful right hip DENIED

tendonitis right DENIED

pinched nerve back DENIED

TOTAL RATING 50%

I just cant believe they gave me 10% for my back and 10% for my knee. I had sent in all the info from my civilian dr on my back including MRI reports showing how bad it was and my surgucal reports, letters from me and my wife saying how bad it was and that I had to drop out of school and could no longer drive. The only thing I can evem imagine happen is that I didnt send in anything after my surgical reports so maybe they were thinking, "well he had surgery, he's all better." Im actually worse after surgery. But only 10% for my knee also. During my c&p, the VA Dr made me scream because he grabbed my leg and just bent it out straight. I was actually in tears.

And out of the denied stuff, the hip, tendonitis havent bothered me in a while. But, they were chronic in service and documented. I wanted at least a 0% and service connection just in case. The bilateral tenitis is a big problem. It drives me insane at times.

I know I already said it, but im just so let down. I know lots of people have trouble but most Ive seen have been out a long time and have trouble connecting things to service. I filed right after getting out and it was all in my SMR's, with lots of civilian dr stuff and mri's. Hell, I was put out of service after 8 years because of my knee and they only give me 10%.

I know I can appeal, which I will. I guess I will go with one of the VSO's (Im guessing there is a VFW around here). Have them help me with the appeal. Ill be putting in for TDIU and adding a few more things to my claim that I didnt find out about until it was at the rating board so I didnt want to hold it up. Stuff showed up in my lung Xray with my lungs and another problem with my intestines found during a colonoscopy.

I guess this will take another year? Out of my 50%, Ill only get paid 40% because the army gave me a lump sum for my knee when I got out. From what Ive heard, the money (10%) for my knee goes back to the army until it is repaid the whole lump sum. So, just another long wait. I havnt been able to work since getting out of the army last december. Cant do much at all, and when I try, I pay for it for days. I just feel like they slapped me.

Ill appeal but, I dont know what else I could submit, ITS ALL THERE! There should be enough proof in front of them. I do have my after surgery MRI for my back which shows lots of scar tissue wrapped around nerves and the disc they operated on has rebulged and two new herniation have shown up. Ill submit that. But, I dont have anything else. I only had insurance for 6 months after getting out so I havent been to the Dr anymore. I had one follow up with my surgeon before my insurance ran out. Im just at a loss right now.

Im sorry this turned out so long, I just needed to get all this out. Thanks.

[john999]

I would ask for a DRO Hearing and perhaps get another IMO on your most serious conditions. You can submit that evidence at the Hearing or before. You need to get at least on condition bumped up to 40 % if possible for the TDIU and then you need only 60% overall. I would file the TDIU papers and don't let the SO tell you that you can't do it. The claim is in your hands so don't let the VSO tell you not to appeal or to just be satified with what you got. Get more evidence of disability. It may cost you but it will be worth it if you get TDIU and P&T. Keep it local and produce more evidence. Evidence is just more medical opinions or an opinion from a Voc Rehab specialist. You don't have to use the VA for this. Consider it an investment in the future.

[Pete53]

I agree with John and if you don't agree you should appeal. Did they give you a C&P for all the denied claims?

Hang in there and don't give up.

[JR Reihs]

Nathan,

John is correct in what he said, heed the advice as you have some backpay coming.

Also you need to file for arthritis for knee, hip and back.......hit them hard with everything you can think of and you will get to the IU, with your claims you are well on your way.

[Berta]

Nathan- I would ask them to reconsider their decision- if you dont get anywhere on that -you should still file the NOD in time. They probably did not use much of your evidence and a Reconsideration request would bring that to their attention.

This is only my opinion and I would ask your vet rep to support this type of request.

It was a reconsideration request I made that got them immediately working on my denied SMC CUE claim again.

Because they failed to address the VA case law and regs that warranted this claim and its retro.

Again one has to watch for the NOD date - when they file for a Reconsideration-The NOD limiting date is still within one year after the denial date. A Reconsideration request does NOT extend that date.

A vet almost lost their appeal rights by filing for a reconsideration that was denied.

The only thing that saved this claim at the BVA was that the vet rep sent a 4138 supporting the Recon Request and asking the VA to accept the request as a formal NOD if the request still roduced a denial.

Reconsiderations of a decision in some cases save a lot of time- but the evidence you have MUST be solid.

Edited October 4, 2006 by Berta

[Vike17]

Nathan,

The rating percentages for your back and knee are derived from your range of motion during your C&P exam. Your MRI's and the other documents that you mentioned do not have anything to do with the rating. Those documents only help establish service-connection, which the VA has already conceeded.

The range of motion is suppose to be measured with a Gionometer during your C&P exam. The degree of movement is suppose to be measured when the joint starts to becomes painful, not how far you can possibly move. Then the examiner is suppose to take a second measurement after repeated movement to see if you have any further reduced mobilitydue to fatigue ect.... The second measurement is then taken at the point when pain starts due to fatigue and/or pain (this is called the DeLuca criteria). Then the rating the VA assigns comes from the second measurement. So, if you bent over (forward Flexion) from anywhere between 65 degrees and 80 degrees, then the 10% rating for your back is correct. As far as the knee is concerned, it depends on what Diagnostic Code was assigned.

As far as IBS and gastro problems, the ratings are assigned according to how often you have problems. For example, IBS is rated at 10% if the veteran has "Moderate; frequent episodes of bowel disturbance with abdominal distress." The criteria for Gastro problems depend on which Disagnostic Code was assigned because there are numerous possiblities. Having said that, a 10% rating for the most part, is assigned under most of the relavent Diagnostic Codes for moderate symptoms.

Hemorrhoids are assigned a 0% rating when mild or moderate symptoms are present and a 10% rating is assigned when "Large or thrombotic, irreducible, with excessive redundant tissue, evidencing frequent recurrences." A 20% rating is given when "With persistent bleeding and with secondary anemia, or with fissures."

Scars are given a 0% rating when they are non tender. A 10% evaluation is given if the scar is superficial and/or tender. However, the scar on your face is rated at 10% if there is "... one characteristic of disfigurement," a 30% evaluation is assigned if "With visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features (nose, chin, lips), or; with two or three characteristics of disfigurement forehead, eyes (including eyelids), ears (auricles), cheeks,."

You stated that you were going to probably file additional claims, such as;

"Stuff showed up in my lung Xray with my lungs and another problem with my intestines found during a colonoscopy"

You are already receiving compensation for this from the IBS and gastro rating. Actually I'm surprised they gave you two rating for this anyways. Normally, this is pyrmiading because they assigned a rating for two disabilities that cover one bodily etoliogy.

If you do decide to appeal, I stongly suggest you do so through the DRO process.

Vike 17

Edited October 4, 2006 by Vike17

[huskerfanfl]

Vike17,

I, for one, appreciate the information on the measurement of the joints. Of course, it means I got hosed on my rating, since my back hurts as soon as I bend even a little, but I can still bend. Same with my knees. Back and right knee ended up being rated at 10%, 0% for my left knee. I have appealed and have also requested an increase. Since my orignal rating I have been diagnosed with anxiety/depression (with nexus to service), my back has gotten even worse, and have had to have arthroscopic surgery on my right knee. My left knee has also gotten worse.

Tim