Amc Rating Ivds

[add55p]

All,

The appeals management center is rating my IVDS claim.

After doing some research, it appears that 10% and 20% ratings are the only ratings that range of motion is used when rating IVDS. IVDS ratings of 30%, 40% and 60% does requirements do not mention range of motion in the rating criteria, only incapacitating episodes and unfavorable ankylosis.

Why is it that I am always hearing that IVDS Thoracolumbar is rated using ROM?

I only see incapacitating episodes requirement for higher ratings.

It is just unfortunate if you took it upon yourself to rest your back during an incapacitating episode after taking medication at home.

Please steer me to where range of motion is specifically listed for rating in excess of 20%.

Thank you.

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[add55p]

ArNG11

Thank you for that information..

Earlier I asked a specific question, but it got a little side tracked. I will try to ask if a little differently below to hopefully get a direct response:

Scenario:: If SMRs were considered missing/unavailable in an earlier VARO decision. A couple of SMRs were found and associated with the claim folder, and the VARO continued to deny the claim. On appeal to the BVA, in the award write up, the veteran law judge wrote "although the majority of the service treatment records are unavailable, two service treatment records has been associated with the claims file." "The Board finds that this evidence weighs in favor of the Veterans contention that he sustained a spine injury in service."

Question: Does the fact that the VARO identified the 2 in service treatment records as evidence in a previous denial, void the 38 156c rule regarding discovered departmental records that are later used as probative evidence in a later decision???

Any clarification or input would be greatly appreciated.

[ArNG11]

I thought someone might have answered this already but seems not. I would think it would be a good question for a law dog, but I will give you my two cents. It seems that the overlooked evidence would have made a difference in the outcome of your claim. Whether it was detrimental to the claim, eh that is the question? Actually detrimental to the outcome of the claim, more specifically, the definition of both and to what extent would be necessary to define.

You also have the burden of a few things on a CUE, which is also an option, but you loose benefit of doubt standing. When did the VA know those records were there, when did the VA acknowledge them, when were the records used in the decision, if ever at all. When did the VA weigh that relevant evidence? Questions and more questions? The evidence would definitely be new. Whether material and detrimental to the outcome, that's a matter of opinion isn't it. IMO it would be a good fight.

I think this is the booger just because they list the evidence does't mean they used it in the decision. The weight of your evidence vs their c&p docs, when and how was it decided that it was material or not. When the whole record is considered, along with the missing piece, would it have changed the outcome? I probably goofed this more than helped you but those are things I would look at.

Look at your c file, see if the relevant evidence has date stamps on it, look at everything regarding this specific evidence. These are my suggestions and two cents.

[jbasser]

You can be rated Traumatic Arthritis or IVDS. It appears you are being rated under IVDS where range of motion is no longer used. What is used is the Incapicitating episodes.

What that actually means is this: A doctor has to prescribe you bedrest for certain periods of time. The more bed rest the higher the rating.

I would challenge them in your case because you have Ankylosing spondyolitis. that should fall under the parameters of Traumatic Arthritis and deserve a higher rating.

They will try to low ball you in any way they can.

Jbasser

[ArNG11]

You can be rated Traumatic Arthritis or IVDS. It appears you are being rated under IVDS where range of motion is no longer used. What is used is the Incapicitating episodes.

What that actually means is this: A doctor has to prescribe you bedrest for certain periods of time. The more bed rest the higher the rating.

I would challenge them in your case because you have Ankylosing spondyolitis. that should fall under the parameters of Traumatic Arthritis and deserve a higher rating.

They will try to low ball you in any way they can.

Jbasser

Agreed. I wonder if they will do both like they did me. Except that the rating is geared toward the IVDS. Doctors now a days don't prescribe bed rest. The VA knows this. Haven't found any doctors here in Oklahoma that will do that VA or other wise except the paid opinions.

Edited May 24, 2015 by ArNG11

[ArNG11]

I have an opinion from Dr. Ellis that states the 4 weeks of bed rest a year and the VA ignored that completely. Even another IMO from my private dr. stated similar and I got hosed the same. That opinion also states the nerve damage which by regs can and should be rated separately. With that evidence it should have yielded a 40% rating alone for the IVDS and the DRO threw a 20% bone at me. I really despise the BS.

[add55p]

Jbasser and ArNG11

I have not yet been rated. Still waiting.

Will let you know how it turns out.

Thank you for your input..

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