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Trying To Get From 90% To 100%

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Sergeant

Question

Hello everybody!

I just completed my C&P exams for a few increases. I'm currently at 90% (I think 89.8 calculated). My disabilities are below:

PTSD 50%

Mid Right Lumbar Radiculopathy L5-S1 20%

Colitis 30%

Lumbar L5-S1 herniated disc status post lumbar spine surgery 20%

Cervical Sprain/Strain, Cervicalgia 10%

Radiculopathy Right Upper Extremity Middle Radicular Nerve 20%

Chronic Hip Strain, RH 10%

Migraines 30%

Hemorrhoids 0%

I asked for an increase for the migraines, my lumbar radiculopathy, and L5-S1 herniation, cervical sprain, and hemorrhoids. I also claimed Spinal Stenosis, Degenerative Disc Disease, Peripheral Neuropathy, and GERD. I'm concerned that if granted, I'll only be at 94%-ish.

In the meantime, I've been diagnosed with Obstructive Sleep Apnea. I have been out for almost two years but I feel I can relate it to military service. Unsure if I should file a new claim now or wait until this one is finalized.

Here's the notes from a few exams:

Back (Thoracolumbar Spine) Conditions

Disability Benefits Questionnaire

Indicate method used to obtain medical information to complete this

document:

[ ] Review of available records (without in-person or video telehealth

examination) using the Acceptable Clinical Evidence (ACE) process

because

the existing medical evidence provided sufficient information on which

to

prepare the DBQ and such an examination will likely provide no

additional

relevant evidence.

[ ] Review of available records in conjunction with a telephone interview

with the Veteran (without in-person or telehealth examination) using the

ACE process because the existing medical evidence supplemented with a

telephone interview provided sufficient information on which to prepare

the DBQ and such an examination would likely provide no additional

relevant evidence.

[ ] Examination via approved video telehealth

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file (hard copy paper C-file) reviewed?

[ ] Yes [X] No

If no, check all records reviewed:

[ ] Military service treatment records

[ ] Military service personnel records

[ ] Military enlistment examination

[ ] Military separation examination

[ ] Military post-deployment questionnaire

[ ] Department of Defense Form 214 Separation Documents

[X] Veterans Health Administration medical records (VA treatment

records)

[ ] Civilian medical records

[ ] Interviews with collateral witnesses (family and others who have

known the Veteran before and after military service)

[ ] No records were reviewed

[X] Other:

vbms

1. Diagnosis

------------

Does the Veteran now have or has he/she ever been diagnosed with a

thoracolumbar spine (back) condition?

[X] Yes [ ] No

Thoracolumbar Common Diagnoses:

[ ] Ankylosing spondylitis

[ ] Lumbosacral strain

[X] Degenerative arthritis of the spine

[ ] Intervertebral disc syndrome

[ ] Sacroiliac injury

[ ] Sacroiliac weakness

[ ] Segmental instability

[ ] Spinal fusion

[X] Spinal stenosis

[ ] Spondylolisthesis

[ ] Vertebral dislocation

[ ] Vertebral fracture

Diagnosis #1: Lumbar L5-S1 herniated disc status post lumbar spine

surgery

Date of diagnosis: unknown

Diagnosis #2: INFLAMMATION OF SCIATIC NERVE (20%-SC)

Date of diagnosis: unknown

2. Medical history

------------------

a. Describe the history (including onset and course) of the Veteran's

thoracolumbar spine (back) condition (brief summary):

27 YO, Marine Corps, 2005 - 2013.

He has PMH of Lumbar L5-S1 herniated disc, status/post lumbar spine

surgery in June 2012, Laminectomy/Discectomy L5-S1.

For pain he takes:

Rx ACETAMINOPHEN (OTC) TAB 500MG, TAKE ONE TABLET BY MOUTH TWICE DAILY

AS

NEEDED FOR PAIN/FEVER and,

Rx IBUPROFEN TAB 600MG, TAKE ONE TABLET BY MOUTH THREE TIMES A DAY WITH

FOOD OR MILK, FOR

PAIN/INFLAMMATION.

He has had back Injections, He has been to Physical Therapy, and new

appointments are pending.

On a pain scale of one to ten, "every day it is an 8/10 pain."

WORK HISTORY: He works for the DOD as a Supply Planner, Office Job. He

uses a Special Chair and a Leg rest at work. He calls out sick due to

back pain 2 times a month.

-----------------------------------

The Veteran will need to report for the following exam(s):

DBQ MUSC Back (thoracolumbar spine)

_________

DBQ MUSC Back (thoracolumbar spine):

The Veteran is service connected for Lumbar L5-S1 herniated disc status

post lumbar spine surgery which is currently evaluated at 20%. Please

evaluate for the current level of severity of the Veteran's service

connected disability. If the diagnosis rendered is different from the

disability for which the Veteran is service connected, please indicate

whether the

Veteran's current diagnosis is a progression of the service

connected

disability or the original diagnosis was in error.

The veteran is now also claiming degenerative disc disease, spinal

stenosis and peripheral neuropathy. Please address these conditions on

the back DBQ.

**************************************************************************

**

b. Does the Veteran report flare-ups of the thoracolumbar spine (back)?

[X] Yes [ ] No

If yes, document the Veteran's description of the flare-ups in his

or her

own words:

He calls out sick from work due to back pain 2 times a month. He

states that back pain is "10/10 pain on these days, I can't

get out of

bed."

c. Does the Veteran report having any functional loss or functional

impairment of the thoracolumbar spine (back) (regardless of repetitive use)?

[X] Yes [ ] No

If yes, document the Veteran's description of functional loss or

functional impairment in his or her own words.

He does not do yard work anymore, he hires out.

The most he can lift and carry is 25 - 30 lbs.

Bending is Difficult, taking stairs is difficult.

With sitting 15 minutes, he needs to get up and move around.

He can walk 15 minutes before needing to stop and rest.

He is not able to hunt anymore, he cannot bowl anymore, he cannot

hike

anymore.

He cannot run anymore.

Going to the Gym is limited. He goes to the Pool for workouts.

3. Range of motion (ROM) and functional limitation

--------------------------------------------------

a. Initial range of motion

[ ] All normal

[X] Abnormal or outside of normal range

[ ] Unable to test (please explain)

[ ] Not indicated (please explain)

Forward Flexion (0 to 90): 0 to 20 degrees

Extension (0 to 30): 0 to 25 degrees

Right Lateral Flexion (0 to 30): 0 to 30 degrees

Left Lateral Flexion (0 to 30): 0 to 30 degrees

Right Lateral Rotation (0 to 30): 0 to 30 degrees

Left Lateral Rotation (0 to 30): 0 to 30 degrees

If abnormal, does the range of motion itself contribute to a

functional loss? [X] Yes (please explain) [ ] No

If yes, please explain:

H

e has increasing pain with ROM Exercise.

Description of pain (select best response):

Pain noted on exam and causes functional loss

If noted on exam, which ROM exhibited pain (select all that apply)?

Forward Flexion, Extension, Right Lateral Flexion, Left Lateral

Flexion, Right Lateral Rotation, Left Lateral Rotation

Is there evidence of pain with weight bearing? [X] Yes [ ] No

Is there objective evidence of localized tenderness or pain on palpation

of the joints or associated soft tissue of the thoracolumbar spine

(back)?

[X] Yes [ ] No

If yes, describe including location, severity and relationship to

condition(s):

Tenderness to palpation in Right paravertebral spine area of the

Lumbosacral spine.

b. Observed repetitive use

Is the Veteran able to perform repetitive use testing with at least three

repetitions? [X] Yes [ ] No

Is there additional loss of function or range of motion after three

repetitions? [X] Yes [ ] No

Select all factors that cause this functional loss:

Pain

ROM after 3 repetitions:

Forward Flexion (0 to 90): 0 to 20 degrees

Extension (0 to 30): 0 to 15 degrees

Right Lateral Flexion (0 to 30): 0 to 20 degrees

Left Lateral Flexion (0 to 30): 0 to 15 degrees

Right Lateral Rotation (0 to 30): 0 to 30 degrees

Left Lateral Rotation (0 to 30): 0 to 30 degrees

c. Repeated use over time

Is the Veteran being examined immediately after repetitive use over time?

[X] Yes [ ] No

Does pain, weakness, fatigability or incoordination significantly limit

functional ability with repeated use over a period of time?

[X] Yes [ ] No [ ] Unable to say w/o mere speculation

Select all factors that cause this functional loss:

Pain

Able to describe in terms of range of motion: [X] Yes [ ] No

Forward Flexion (0 to 90): 0 to 20 degrees

Extension (0 to 30): 0 to 15 degrees

Right Lateral Flexion (0 to 30): 0 to 20 degrees

Left Lateral Flexion (0 to 30): 0 to 15 degrees

Right Lateral Rotation (0 to 30): 0 to 30 degrees

Left Lateral Rotation (0 to 30): 0 to 30 degrees

d. Flare-ups

Is the exam being conducted during a flare-up? [ ] Yes [X] No

If the examination is not being conducted during a flare-up:

[X] The examination is medically consistent with the Veteran's

statements describing functional loss during flare-ups.

[ ] The examination is medically inconsistent with the Veteran's

statements describing functional loss during flare-ups. Please

explain.

[ ] The examination is neither medically consistent or inconsistent

with the Veteran's statements describing functional loss

during

flare-ups.

Does pain, weakness, fatigability or incoordination significantly limit

functional ability with flare-ups?

[X] Yes [ ] No [ ] Unable to say w/o mere speculation

Select all factors that cause this functional loss:

Pain

Able to describe in terms of range of motion: [X] Yes [ ] No

Forward Flexion (0 to 90): 0 to 20 degrees

Extension (0 to 30): 0 to 15 degrees

Right Lateral Flexion (0 to 30): 0 to 20 degrees

Left Lateral Flexion (0 to 30): 0 to 15 degrees

Right Lateral Rotation (0 to 30): 0 to 30 degrees

Left Lateral Rotation (0 to 30): 0 to 30 degrees

e. Guarding and muscle spasm

Does the Veteran have guarding or muscle spasm of the thoracolumbar spine

(back)? [X] Yes [ ] No

Muscle spasm:

[ ] None

[X] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology:

Slow Antalgic Gait, uses Cain.

Localized tenderness:

[ ] None

[X] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology:

Slow Antalgic Gait, uses Cain.

Guarding:

[ ] None

[X] Resulting in abnormal gait or abnormal spinal contour

[ ] Not resulting in abnormal gait or abnormal spinal contour

[ ] Unable to evaluate, describe below:

Provide description and/or etiology:

Slow Antalgic Gait, uses Cain.

f. Additional factors contributing to disability

In addition to those addressed above, are there additional contributing

factors of disability? Please select all that apply and describe: None

4. Muscle strength testing

--------------------------

a. Rate strength according to the following scale:

0/5 No muscle movement

1/5 Palpable or visible muscle contraction, but no joint movement

2/5 Active movement with gravity eliminated

3/5 Active movement against gravity

4/5 Active movement against some resistance

5/5 Normal strength

Hip flexion:

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Knee extension:

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Ankle plantar flexion:

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Ankle dorsiflexion:

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Great toe extension:

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

b. Does the Veteran have muscle atrophy?

[ ] Yes [X] No

5. Reflex exam

--------------

Rate deep tendon reflexes (DTRs) according to the following scale:

0 Absent

1+ Hypoactive

2+ Normal

3+ Hyperactive without clonus

4+ Hyperactive with clonus

Knee:

Right: [X] 0 [ ] 1+ [ ] 2+ [ ] 3+ [ ] 4+

Left: [ ] 0 [X] 1+ [ ] 2+ [ ] 3+ [ ] 4+

Ankle:

Right: [ ] 0 [X] 1+ [ ] 2+ [ ] 3+ [ ] 4+

Left: [ ] 0 [X] 1+ [ ] 2+ [ ] 3+ [ ] 4+

6. Sensory exam

---------------

Provide results for sensation to light touch (dermatome) testing:

Upper anterior thigh (L2):

Right: [X] Normal [ ] Decreased [ ] Absent

Left: [X] Normal [ ] Decreased [ ] Absent

Thigh/knee (L3/4):

Right: [ ] Normal [X] Decreased [ ] Absent

Left: [X] Normal [ ] Decreased [ ] Absent

Lower leg/ankle (L4/L5/S1):

Right: [ ] Normal [X] Decreased [ ] Absent

Left: [X] Normal [ ] Decreased [ ] Absent

Foot/toes (L5):

Right: [ ] Normal [X] Decreased [ ] Absent

Left: [X] Normal [ ] Decreased [ ] Absent

7. Straight leg raising test

----------------------------

Provide straight leg raising test results:

Right: [ ] Negative [X] Positive [ ] Unable to perform

Left: [X] Negative [ ] Positive [ ] Unable to perform

8. Radiculopathy

----------------

Does the Veteran have radicular pain or any other signs or symptoms due to

radiculopathy?

[X] Yes [ ] No

a. Indicate symptoms' location and severity (check all that apply):

Constant pain (may be excruciating at times)

Right lower extremity: [ ] None [ ] Mild [X] Moderate [ ] Severe

Paresthesias and/or dysesthesias

Right lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe

Numbness

Right lower extremity: [ ] None [ ] Mild [ ] Moderate [X] Severe

b. Does the Veteran have any other signs or symptoms of radiculopathy?

[ ] Yes [X] No

c. Indicate nerve roots involved: (check all that apply)

[X] Involvement of L4/L5/S1/S2/S3 nerve roots (sciatic nerve)

If checked, indicate: [X] Right [ ] Left [ ] Both

d. Indicate severity of radiculopathy and side affected:

Right: [ ] Not affected [ ] Mild [ ] Moderate [X] Severe

9. Ankylosis

Is there ankylosis of the spine? [ ] Yes [X] No

10. Other neurologic abnormalities

----------------------------------

Does the Veteran have any other neurologic abnormalities or findings related

to a thoracolumbar spine (back) condition (such as bowel or bladder

problems/pathologic reflexes)?

[ ] Yes [X] No

11. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest

-----------------------------------------------------------------------

a. Does the Veteran have IVDS of the thoracolumbar spine?

[ ] Yes [X] No

12. Assistive devices

---------------------

a. Does the Veteran use any assistive device(s) as a normal mode of

locomotion, although occasional locomotion by other methods may be

possible?

[X] Yes [ ] No

If yes, identify assistive device(s) used (check all that apply and

indicate frequency):

Assistive Device: Frequency of use:

----------------- -----------------

[X] Brace(s) [ ] Occasional [X] Regular [ ] Constant

[X] Cane(s) [ ] Occasional [X] Regular [ ] Constant

b. If the Veteran uses any assistive devices, specify the condition and

identify the assistive device used for each condition:

He wears a Back Brace and uses a Cane to Ambulate due to back pain.

13. Remaining effective function of the extremities

---------------------------------------------------

Due to a thoracolumbar spine (back) condition, is there functional

impairment

of an extremity such that no effective function remains other than that

which

would be equally well served by an amputation with prosthesis? (Functions of

the upper extremity include grasping, manipulation, etc.; functions of the

lower extremity include balance and propulsion, etc.)

[X] No

14. Other pertinent physical findings, complications, conditions, signs,

symptoms and scars

-----------------------------------------------------------------------

a. Does the Veteran have any other pertinent physical findings,

complications, conditions, signs or symptoms related to any conditions

listed in the Diagnosis Section above?

[ ] Yes [X] No

b. Does the Veteran have any scars (surgical or otherwise) related to any

conditions or to the treatment of any conditions listed in the Diagnosis

Section above?

[X] Yes [ ] No

If yes, are any of these scars painful or unstable, have a total area

equal to or greater than 39 square cm (6 square inches), or are

located on the head, face or neck? (An "unstable scar" is

one where,

for any reason, there is frequent loss of covering of the skin over

the scar.)

[ ] Yes [X] No

If no, provide location and measurements of scar in centimeters.

Location: Lumbosacral area

Measurements: length 3.5cm X width 0.5cm

c. Comments, if any:

The surgical scar is Verticle.

15. Diagnostic testing

----------------------

a. Have imaging studies of the thoracolumbar spine been performed and are

the

results available?

[X] Yes [ ] No

If yes, is arthritis documented?

[X] Yes [ ] No

b. Does the Veteran have a thoracic vertebral fracture with loss of 50

percent or more of height?

[ ] Yes [X] No

c. Are there any other significant diagnostic test findings and/or results?

[X] Yes [ ] No

If yes, provide type of test or procedure, date and results (brief

summary):

SPINE LUMBOSACRAL MIN 6 VIEWS

Exm Date: JUN 08, 2015@09:56

Findings: The spine has retained its normal alignment. There

are

no fractures evident. There are discogenic changes at L5-S1

with

mild intervertebral disc space narrowing. The remainder of

the

intervertebral disc spaces are preserved. There is no

evidence of

spondylolysis or spondylolisthesis. The visualized portions

of

the sacrum and sacroiliac joints are unremarkable. There are

surgical clips in the right mid abdomen.

Impression:

Mild intervertebral disc space narrowing at L5-S1.

Primary Diagnostic Code:

Primary Interpreting Staff:

JENNIFER NOZNITSKY, RADIOLOGIST, MD

(Verifier, no e-sig)

/JN

Select an imaging exam...

--------------------

MRI REPORT OF 5/28/2013

LARCHMOONT MEDICAL IMAGING

IMPRESSION:

1. THERE IS A CENTRAL AND RIGHT PARACENTRAL DISC HERNIATION

AT L5-S1 AS

DESCRIBED ABOVE WHICH HAS WORSENED SINCE 3/31/2012. THERE IS

SLIGHTLY MORE

MASS EFFECT UPON THE ANTERIOR MARGIN OF THE THECAL SAC AND

THE RIGHT S1

NERVE ROOT SLEEVE.

2. REMAINING LEVELS OF THE LUMBAR SPINE APPEAR

UNREMARKABLE.

16. Functional impact

---------------------

Does the Veteran's thoracolumbar spine (back) condition impact on his or

her

ability to work?

[X] Yes [ ] No

If yes describe the impact of each of the Veteran's

thoracolumbar

spine (back) conditions providing one or more examples:

He could not be gainfully employed in a Physical/Labor type Job.

17. Remarks, if any:

--------------------

With the exam today of the Lumbosacral Spine, after repeated use, the

Veteran

has no Fatigue, Incoordination or Weakness, but he does have Increased Pain

with additional repetitive use.

/es/

Neurology Service

Signed: 06/11/2015 06:54

Headaches (including Migraine Headaches)

Disability Benefits Questionnaire

Indicate method used to obtain medical information to complete this

document:

[ ] Review of available records (without in-person or video telehealth

examination) using the Acceptable Clinical Evidence (ACE) process

because

the existing medical evidence provided sufficient information on which

to

prepare the DBQ and such an examination will likely provide no

additional

relevant evidence.

[ ] Review of available records in conjunction with a telephone interview

with the Veteran (without in-person or telehealth examination) using the

ACE process because the existing medical evidence supplemented with a

telephone interview provided sufficient information on which to prepare

the DBQ and such an examination would likely provide no additional

relevant evidence.

[ ] Examination via approved video telehealth

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file reviewed?

[ ] Yes [X] No

If yes, list any records that were reviewed but were not included in the

Veteran's VA claims file:

If no, check all records reviewed:

[X] Military service treatment records

[ ] Military service personnel records

[ ] Military enlistment examination

[ ] Military separation examination

[ ] Military post-deployment questionnaire

[ ] Department of Defense Form 214 Separation Documents

[X] Veterans Health Administration medical records (VA treatment

records)

[X] Civilian medical records

[ ] Interviews with collateral witnesses (family and others who have

known the Veteran before and after military service)

[ ] No records were reviewed

[X] Other:

VBMS reviewed.

1. Diagnosis

Does the Veteran now have or has he/she ever been diagnosed with a headache

condition?

[X] Yes [ ] No

[X] Migraine including migraine variants

ICD code: 346.10 Date of diagnosis: 4/14/2014

2. Medical History

------------------

a. Describe the history (including onset and course) of the Veteran's

headache conditions (brief summary):

He developed headaches while serving in the Marine Corps (2009),

received a C&P examination for headaches by __________at the

Philadelphia VAMC on 4/14/2014. After that evaluation, the headaches

became constant and he was evaluated in the Philadelphia VAMC Neurology

Clinic on 1/14/2015. He continues to have daily headaches that last all

day; they begin in the morning and worsen over the course of the day.

Because of the headaches, he has changed jobs and exhausted his sick

days; he works for the DOD as a supply planner. At least 2

headaches/week are prostrating.

b. Does the Veteran's treatment plan include taking medication for the

diagnosed condition?

[X] Yes [ ] No

If yes, describe treatment (list only those medications used for the

diagnosed condition):

Topamax, sumatriptan, ibuprofen

3. Symptoms

-----------

a. Does the Veteran experience headache pain?

[X] Yes [ ] No

[X] Constant head pain

[X] Pulsating or throbbing head pain

[X] Pain localized to one side of the head

[X] Pain on both sides of the head

[X] Pain worsens with physical activity

[X] Other, describe:

Most of the headaches are over the left side of his head, but some

involve his whole head.

b. Does the Veteran experience non-headache symptoms associated with

headaches? (including symptoms associated with an aura prior to headache

pain)

[X] Yes [ ] No

[X] Nausea

[X] Sensitivity to light

[X] Sensitivity to sound

[X] Changes in vision (such as scotoma, flashes of light, tunnel vision)

[X] Other, describe:

Some headaches are accompanied by confusion.

c. Indicate duration of typical head pain

[X] More than 2 days

[X] Other, describe:

Headaches are constant.

d. Indicate location of typical head pain

[X] Left side of head

[X] Both sides of head

4. Prostrating attacks of headache pain

---------------------------------------

a. Migraine / Non-Migraine- Does the Veteran have characteristic prostrating

attacks of migraine / non-migraine headache pain?

[X] Yes [ ] No

If yes, indicate frequency, on average, of prostrating attacks over the

last several months:

[X] Once every month

b. Does the Veteran have very prostrating and prolonged attacks of

migraines/non-migraine pain productive of severe economic inadaptability?

[X] Yes [ ] No

5. Other pertinent physical findings, complications, conditions, signs

and/or

symptoms

-----------------------------------------------------------------------------

a. Does the Veteran have any scars (surgical or otherwise) related to any

conditions or to the treatment of any conditions listed in the Diagnosis

section above?

[ ] Yes [X] No

b. Does the Veteran have any other pertinent physical findings,

complications, conditions, signs and/or symptoms related to any

conditions

listed in the Diagnosis section above?

[ ] Yes [X] No

6. Diagnostic testing

---------------------

Are there any other significant diagnostic test findings and/or results?

[X] Yes [ ] No

If yes, provide type of test or procedure, date and results (brief

summary):

Head CT scan (9/10/2014, Philadelphia VAMC)

Impression

No acute intracranial abnormality.

7. Functional impact

--------------------

Does the Veteran's headache condition impact his or her ability to

work?

[X] Yes [ ] No

If yes, describe the impact of the Veteran's headache condition,

providing

one or more examples:

Headaches required him to change jobs, from VA to DOD, because he was

missing too much work and to take a job with a shorter commute. Because

of headaches, he used up his sick leave and has been taking leave

without

pay.

8. Remarks, if any:

-------------------

1. I have interviewed and examined the Veteran and reviewed the available

computerized medical records, including VBMS and CPRS. Among these

records

were a C&P examination for headaches on 4/14/2014 and an evaluation

for

headaches at the Philadelphia VAMC Neurology Clinic on 1/14/2015.

2. Based on this information, the Veteran's headache condition has

worsened since his previous C&P examination. This is a worsening of

the

headache condition for which he is service-connected rather than a new

condition.

/es/

staff neurologist

Signed: 06

/08/2015 08:39

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The best answer is this:

1. Do you have documentation of a current diagnosis of the claimed condition?

2. Did you have documentation of an inservice event or aggravation?

3. Do you have a dos nexus statement very similar to "Its at least as likely as not the Vetrans current xxx condition is related to yyy event in military service?

If you have all these, then it should boil down to the degree of disability, and effecitve date.

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Do you have ringing in your ears that started during service?

Are your scars not painful at times? like weather changes, bending, ect?

Is medication your on causing your little soldier to stay at parade rest, rather than salute? ED ?

AND LAST BUT NOT LEAST... Are they contributing all known symptoms to the service connected conditions when it is possible, rather than other conditions that are not service connected.

If they cannot reasonably with great confidence separated what is causing what, then it has to go to the service connected condition as being the cause, if it is indeed a symptom of the condition that is plausible.

Edited by 63SIERRA
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PTSD 50%

Mid Right Lumbar Radiculopathy L5-S1 20%

Colitis 30%

Lumbar L5-S1 herniated disc status post lumbar spine surgery 20%

Cervical Sprain/Strain, Cervicalgia 10%

Radiculopathy Right Upper Extremity Middle Radicular Nerve 20%

Chronic Hip Strain, RH 10%

Migraines 30%

Hemorrhoids 0%

Based on this information you would need an additional separate 40%-50% service connected rating to at least get to 95% which would be rounded up to a 100% combined service connected rating or what VA calls a schedular rating. The more disabilities you have the harder it gets to get to the 100% mark. It is not impossible it can/could happen.

Also with the information above you may hit the 95%, it is up to you.

Edited by pete992
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Your best bet might be the Apnea. If it wasn't documented while in service it will be tough. But if you have gained weight due to one of your service connected disabilities, you may be able to get it secondary to the service connected disability. You just need a physician to give you a nexxus statement.

An example would be due to your herniated disc, you are unable to do any kind of strenuous activity. Can't go the gym, can't run/walk for exercise. This caused you to gain weight. Weight gain is one of the main causes of OSA, so you may able to connect the OSA secondary to that.

If you are taking a medication for your service connected disability which causes weight gain. Then you may be able to connect the OSA secondary to that.

It would have to say something similar to; Mr. X has been diagnosed with OSA. It is well documented that weight gain is a contributing factor of OSA. Mr. X's OSA is as likely as not caused by whatever service connected disability, due to the fact that it limits physical activity and causes weight gain.

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If you choose to file a claim for sleep apnea it is possible to get it secondary to either your service connected PTSD or your service connected migraines. By filing a claim for sleep apnea caused by or the results of your service connected PTSD or filing a claim for sleep apnea that aggravates your service connected migraines. Keep in mind that you will need a medical opinion that your sleep apnea is caused by your service connected PTSD or aggravates your service connected migraines with a good medical rationale. IMHO and I am not a doctor that it would be a lot easier to get your sleep apnea service connected to your PTSD or migraines than to get it service connected from any of your other service connected disabilities. I am not saying that VA won't deny these claims but it has been proven that people that have PTSD and migraines also have sleep apnea.

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