Definition For Symptoms And Residuals

[zeelarry]

Okay, here's the deal. I have looked everywhere in the CFR, VA's Regulations, FAST Letters, Legal Opinions, and etc., but could not find how VA defined the 2 words: Symptoms & Residuals.

Situation is that the VA Little Rock's RO rating for my Gallbladder, removal of [with xxxxx SYMPTOMS] SC 7418, only refers to RESIDUALS, with no mention or reference to SYMPTOMS. In looking up the definitions in several dictionaries [Legal, Medical, and Common] for the 2 words meanings, there is NO WAY the 2 words can be used in conjunction with each other. Simply put, SYMPTOMS are the before, while RESIDUALS are the after. So, how can VA rate something with using RESIDUALS instead of SYMPTOMS?

Finally, the 2 words are used throughout the CFR's Schedule of Ratings, for different disabilities, and it appears [to me] that the words are specifically used.

THANKS

[Navy4life]

What exactly is your question?

Removal of the gallbladder is 7318 S/C rating and if it is removed you might have "symptoms" in the future and the rating for this is 0-30%...Meaning the residuals are after the removal of the gallbladder and possibly causing symptoms down the road...

What are you rated for 7318?

[zeelarry]

Sorry, my typing mistake. Rated under 7318 S/C at 0%

And my question is how can they rate it for RESIDUALS when it is stated as SYMPTOMS?

Example: S/Cs 5298/5056/5055/5054 and etc [RESIDUALS] vs. 9440 [sYMPTOMS] 7617; 7618; 7619; and etc [REMOVAL OF]

[Navy4life]

The rating you have is 0% which is indicating you are non-symptomatic due to gallbladder removal

With severe symptoms..................................................................................... 30

With mild symptoms........................................................................................ 10

Nonsymptomatic............................................................................................... 0

They are simply stating you have no symptoms from the removal of your gallbladder however you might in the future...

[zeelarry]

Or is the S/C saying that the Removal of the Gallbladder was due to these SYMPTOMS.

I believe that if they are saying NO SYMPTOMS FROM, it would state RESIDUALS FROM as stated in other S/C that I had exampled.

That's why I'm looking for their definitions.

[Navy4life]

What was the exact wording in your award letter? I am curious to know that entire wording....might help clarify...Your original post has me a bit confused...

Did you have the gallbladder removed b/c of cancer? Why was it removed?

Edited May 14, 2015 by Navy4life

[zeelarry]

Sorry to take so long to get back to your request. I've been travelling and didn't have access to my files. Anyway, here is the wording of their decision & my basis for the question: [sORRY for the long post]

. . . At the VA Examinations conducted on April 7, 2015, you were diagnosed with GERD,

cholecystectomy, 'and pancreatitis. in regards to -.your cholecystectomy and pancreatitis, the

examiner stated that there has been no change in symptoms to correlate with these conditions.

You do not require any medication for any of these conditions. Your Cholecystectomy

postoperative residuals were noted to be asymptomatic at this time. Also, you were noted to have

no symptoms associated with your pancreatitis + Laboratory findings noted your alkaline

phosphatase was 112 and your SGOT was 24+ both of which are within normal limits. In regards

to your GEED, the examiner noted that you currently treat this condition with Nexium and

Rolaids. Your symptoms includes pyrosis, reflux, and regurgitation. There was no evidence of

considerable impairment of health, material weight loss, hematemesis, melena, or anemia;

associated with this condition.

Your residuals, cholecystectomy due to gallstones warrants a noncompensable evaluation based

on:

a. Nonsymptomatic

Now, this is what my question pertains to-

The VA had addressed and rated my ‘RESIDUALS of the GALLBLADDER REMOVAL’, but has failed to address and rate my service connected disability for ‘Removal of gallbladder with XXXXXX SYMPTOMS’ under DC 7318. [Note: DC 7318 wording and rating percentages have remained unchanged since 1945]. During the timeframe from my initial claim submission in 2006, which included a Cholecystectomy, and the service connected decision and rating in 2014, my claim for a Cholecystectomy under DC 7318, was changed from ‘Removal of Gallbladder with XXXXXX SYMPTOMS’ to ‘RESIDUALS of Cholecystectomy’, without explanation nor reasoning.

The use of 'RESIDUALS' and 'SYMPTONS' are used throughout the Federal Code/Schedule independently and without any reference or pertinence to each other. In fact, 'RESIDUALS' and 'SYMPTOMS' are NOT synonymous with each other. Furthermore, neither 'RESIDUALS' or 'SYMPTOMS' are defined in the Federal Code/Schedule, nor are they addressed anywhere in the Code's legislative notes/intentions. Therefor, I refer to the following to establish the meanings of the words:

What is SYMPTOM? The subjective or apparent manifestation of a disease or condition

or the change of such. See syndrome

Law Dictionary: What is SYMPTOM? definition of SYMPTOM (Black's Law Dictionary)

What is SYNDROME? A group of symptoms occurring together to indicate a certain

disease or condition is present.

Law Dictionary: What is SYNDROME? definition of SYNDROME (Black's Law Dictionary)

What is RESIDUAL? Relating to the residue; relating to the part remaining.

Law Dictionary: What is RESIDUAL? definition of RESIDUAL (Black's Law Dictionary)