degenerative arthritis 90% On My Own...now With Questions

[4wheeler]

Thanks to all of you for being so informative.

I read and reread many of the posts and decided to be my own advocate...best advice I learned, and I am a huge advocate of.

Submitted 11 conditions on 1DEC14, which was my retirement date as an FDC. Claim completed 11APR15 (just past the 125 day mark).

Came out to 92%, rounded down to 90%.

I will be appealing/asking for reconsideration for the following:

Awarded 20% for degenerative arthritis of the lumbar spine also claimed as spondylolisthesis. Explanation: "Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees."

Rationale for disagreeing: During my retirement physical, forward flexion was rated at 30 degrees with a geniometer (sp?). During C+P, PA wanted me to push past initial point of pain until it hurt too much (my mistake, I know) and he eyeballed 60% flexion. Currently on muscle relaxers. Justification of 38CFR3.102

Awarded 10% for rectal prolapse.

Explanation: "We have assigned a 10% evaluation for your rectal prolapse based on mild prolapse, occasional moderate leakage."

Rationale for disagreeing: During my C+P, explained to the PA about frequency of 95% of bowel movements results in prolapse, which I believe meets the higher evaluation of 30% due to frequently recurring - "A higher evaluation of 30% is not warranted for prolapse of rectum unless the evidence shows symptoms are moderate, persistent, or frequently recurring."

Awarded non-SC for internal hemorrhoids.

Explanation: "SC for hemorrhoids, internal is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed."

Rationale for disagreeing: Clinically diagnosed while I was on active duty, noted on retirement physical, continues to occur.

Awarded non-SC for right and left knee disability.

Explanation: SC..is denied becasue the medical evidence of record fails to show that this disability has been clinically diagnosed.

Rationale for disagreeing: Full range of motion, but pain upon bearing weight (no, I am not overweight).

I will be filing a NOD, and asking for DRO hearing. Comments, recommendations, etc.?

My ratings:

70%: PTSD

21%: Bilateral lower extremity radiculopathy (10% each side)

50%: Sleep Apnea

20%: Back

10%: Rear end blowout (recurrent) - sorry my attempt at a joke at a serious problem

10%: Tinnitus

0%: Left elbow arthritis

0%: Junctional escape rhythm

0%: right elbow epicondylitis

No SC: Internal Hemorrhoids

No SC: Left knee disability

No SC: Right knee disability

4wheeler

[4wheeler]

Berta,

Retired from the military on 1DEC14.

I was on terminal leave for about 5 months, contemplated filing a BDD but spoke with a VA employee who recommended I file FDC the first day I retire. His rationale is that way if I get injured or get treatment, I will have it in my FDC.

I actually received a substantial blow to my larynx (lost my voice for a few days) just prior to retirement, as well as received treatment during that time for other things, so for me the advice was sound.

But I want to thank everyone here who contributes, whether words of encouragement, experiences, advice...you all made me successful and I couldn't have done it without you.

One of the easiest things I learned to do for the rater is to make the search easy. I had a relatively thick medical file (26 years) and for each contention, I had a cover sheet with the applicable medical treatments to make it easy on the rater...they have a lot on their plate so I was trying to decrease the odds of them missing a relevant piece of information and put it in a logical sequence.

I am not looking into TDIU. I am employed by a very understanding and supportive employer (to include my boss)..if I need time away, they don't ask as long as I get my tasks accomplished.

Again, thanks for all of the knowledge sharing, encouragement, and opinions. To me, every informed Veteran becomes their best advocate by reading and learning on Hadit. I will put my bet on that Veteran over any VSO or hired gun any day of the week.

[K9MAL]

Awarded 10% for rectal prolapse.

Explanation: "We have assigned a 10% evaluation for your rectal prolapse based on mild prolapse, occasional moderate leakage."

Rationale for disagreeing: During my C+P, explained to the PA about frequency of 95% of bowel movements results in prolapse, which I believe meets the higher evaluation of 30% due to frequently recurring - "A higher evaluation of 30% is not warranted for prolapse of rectum unless the evidence shows symptoms are moderate, persistent, or frequently recurring."

Tell them you want the set in stone definition of "occasional, moderate, persistent or frequently recurring." These are all arbitrary terms left open for interpretation by someone and they attempt to discern the meaning using their own prejudices and preconceived notions. xxxx that and xxxx the VA for using these non-medical, unscientific terms. The reason they do it is to deny, deny and deny. Fight'em! Don't give up!