Partial Success/dro Hearing Finalized Pending Claim/appealed Issues Being Decided In Estimated 30Days

[ArNG11]

Well I spoke a little too soon, but heh it is still a win. I got up to the 70% evaluation. Anxiety/Depression/PTSD rated at 50% disabling, service connection for both knees at 0% and left digit at 0%.

Below is a snap shot of the rest of my issues:

Decision:

1. Evaluation of thoracolumbar spine degenerative spondylosis, IVDS, and vertebral body compression deformity, currently evaluated as 10% disabling from August 2, 2012 and 20 percent from May 20, 2014, is continued.

2. Evaluation of left lower extremity radiculopathy currently evaluated at 10 percent disabling is continued.

Reason and Bases:

Evaluation of thoracolumbar spine degenerative spondylosis, IVDS and vertebral body compression deformity, currently evaluated as 10 percent disabling from Aug 2, 2012 and 20 percent from May 20,2014 is continued because the evidence fails to show symptoms of this disability meet an evaluation greater than 10 percent disabling from August 2, 2012 and 20 percent disabling from May 20, 2014.

Evaluations for the back are assigned based on range of motion test results and incapacitating episodes. Pain is included in the evaluation assigned for range of motion test results. The last does not allow for an evaluation of greater than 10 percent for pain, regardless of severity, intensity or frequency. For VA purposes the word, “Incapacitating means total inability to function and requiring complete bed rest for extended periods of time.

Treatment records, xxx were reviewed and considered: however these records fail to provided range of motion test results. These records fail to show that a licensed medical doctor has prescribed complete and total bed rest for extended periods due to you back disability.

An evaluation of 10 percent is assigned for your back disability based on the VA examination dated Feb. 26 2014, which shows the following results for your range of motion testing not greater than 235 degrees, forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees with no incapacitating episodes during the last 12 months and painful motion upon examination.

Provisions of 38 CFR 4.40 and 4.45 have been considered and applied.

1. A higher than 20 percent is assigned from May 20, 2014, the date of the medical statement from Dr. Ellis which shows a range of motion test results indicating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater then 60 degrees, or combined range of motion of thoracolumbar spine not greater than 120 degrees, or muscle spasm, or guarding severe enough to result in abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.

Treatment records from OK PT show on Sep 23, 2014 show range of motion tests results for your back that meet an evaluation of 20 percent disabling.

Based on a de novo review of this claim, evaluation of thoracolumbar spine degenerative spondylosis, IVDS and vertebral body compression deformity, currently evaluated at 10 percent disabling from Aug 2 2012 and 20 percent from May 20t h is continued because the evidence fails to show the symptoms of this disability med an evaluation greater than 10% disabling from Aug 2, 2012 and 20 percent from May 20, 2014.

2. Entitlement to an increased evaluation for left lower radiculopathy currently evaluated at 10% disabling

Entitlement to an increased evaluation for left lower radiculopathy currently evaluated at 10% disabling is continued because the evidence fails to show the symptoms of this disability are greater than 10 percent disabling.

Treatment records xxx were reviewed and considered however the medical evidence showing symptoms of your left lower extremity radiculopathy meets an evaluation greater than 10% disabling.

The 10% percent evaluation of your radiculopathy left lower extremity is based on the VA examination that shows mild incomplete paralysis.

The Peripheral Neuropathy DBQ received and dated 12/2014 shows you reported mild to severe symptoms during the examination, however, the doctor has stated the diagnosis is mild peripheral neuropathy.

A higher evaluation of 20 percent is not assigned because the evidence failed to show that the damage is moderate.

Based on a de novo review of this claim, evaluation of the left lower extremity currently evaluated at 10 percent disabling is continued because the evidence fails to show that the disability meets and evaluation greater than 10% disabling.

2nd part of claim was denied.

Increase of hypothyroidism evaluated at 10%, denied
Increase of right lower extremity radiculopathy, evaluated at 10%, denied.
Increase of evaluation of gastro esophageal reflux disease with irritable bowel syndrome currently rated 0% is denied.
Service connection right hip arthritis denied
Service connection left hip arthritis denied.
Service connection for obstructive sleep apnea denied.
Service connection for rhinitis denied.
Service connection for sinusitis denied.

For thyroid this was kind of funny. A higher evaluation of 30 % is awarded when the evidence shows that in addition to fatiguability there is constipation and mental sluggishness. The medical evidence fails to show that there is constipation. You reported diarrhea, which is considered in the evaluation of your service connected irritable bowel syndrome. Mental sluggishness is considered in the evaluation of your service connected anxiety disorder with depression, therefore: it cannot be used a second time to evaluate another service connected disability.

It gets funnier. Increased evaluation of GERD with irritable bowel syndrome is denied. Hold on those two are now rated together. What's funny about the whole statement of case is that it is almost a cut an paste job gone wrong. It's kind of a sad attempt. I don't know. It will be difficult to pursue without some backing. I'm gonna have to regroup and make sense of this bundled up bunch of cut and paste crap.

[ArNG11]

So if I'm right this is the make shift timeline with ratings:

Claim 1

Service connection tinnitus 10% from Aug 2, 2012
Service connection deg. spon. IVDS L1 10% from Aug 2, 2012
Service connection radiculopathy left 10% from Aug 2 2012

Claim 2 with increase IVDS L1

Service connection hypothyroid 10% from July 22, 2013
Service connection GERD 0% from July 22, 2013
Service connection IBS 0% from July 22, 2013

Service connection radiculopathy right 10% from Sep 30,2013

Got to 40% service connected

Win from NOD Increase deg. spon. 20% from May 20, 2014

IVDS/ L1 Deformity

Claim 3

Service connection left little finger strain 0% form June 24, 2014

Service connection chondromalcia L knee 0% from June 24, 2014
Service connection chondromalcia R knee 0% from June 24. 2014

Claim 4

Service connection adj/anx/depre 50% from Oct, 09, 2014

I've got a lot more reading to do.

Edited April 7, 2015 by ArNG11

[ArNG11]

Well folks. It's official. Changes on the AB8 confirm it today. I have reached 80%. The numbers were updated today. I have some decisions to make now. Too often I am underestimated, but there are times when my tenacity pulls through. This is one of those moments. Now to decide what are going to be my strategic fights. Lock and load gentlemen. Good hunting.

Mr. A

[georgiapapa]

ArNG11,

Congratulations on your increase. I look forward to watching your next battle.

Good luck and good health my friend.

GP

[ArNG11]

ArNG11,

Congratulations on your increase. I look forward to watching your next battle.

Good luck and good health my friend.

GP

thanks GP, luck I don't think luck plays a part, maybe not as much as most of us think it does, even me at times, perseverance, determination,and sheer will has its role. You fight till your down,you fight until there's nothing left, I'll fight till my last breath, quite literally. The War continues. Time to reallocate resources. Edited April 9, 2015 by ArNG11

[Berta]

Absolutely.....continue the fight!

You know SSDI factors in when anyone ,whose main occupation requires the use of their hands..and that is almost everyone.

You made some very good points here, to get this stuff documented with all gov agencies.

They might have deferred TDIU and will enclose the TDIU form with the decision....

"Increased evaluation of GERD with irritable bowel syndrome is denied. Hold on those two are now rated together."

?????

Has VA ever had you on long terms NSAID use ( ibuprophen , aspirin, etc )

That can be a cause of GERD as well as other factors.

I dont get it.... one regards one end and one regards the other end,,if you catch my drift....

But you did WELL and the award letter will reveal more enlightenment!

( meaning more to fight with)