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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Need Advice On A Recent Fdc


Question

Hello everyone,

Good day to all. I have some questions on my FDC and on the next course of action I should take. My FDC happened late

March, and I was awarded a 70% rating for my disabilities. I served Active duty from 2001-2008 and am now a reservist since 2011 .

All the evidence that was used to determine my claim came from only Active duty STR's and recent according to the award letter. Here is the breakdown of contentions that I have questions on.

1. bilateral plantar fasciitis with pes planus(flat foot) 10%

  • We have assigned a 10 percent evaluation for your bilateral plantar fasciitis based on : Pain on manipulation of the feet. Pain on the use of feet additional symptoms include: Mild symptoms
  • A higher evaluation of 20 percent is not warranted for flat foot, acquired unless the evidence shows unilateral severs symptoms

?? Can they combine these contentions... or should they be rated separately

2. left ear hearing loss granted 0%

  • We have granted your claim for hearing loss, left ear. Service connection is warranted because your military occupational specialty of aircraft maintenance is consistent with acoustic trauma and your left hearing loss has been linked to that acoustic trauma.
  • Your VA examiner opined that it is at least as likely as not that your left ear hearing loss is due to military noise exposure.
  • VA examination findings show the left ear with 96 percent discrimination. Decibel loss at the puretone threshold of 500 Hz is 20 with a 25 db loss at 1000HZ, a 20 db loss at 2000 Hz, a 30 db loss at 3000 hz, and a 40 db loss at 4000hz. The average decibel loss is 29 in the left ear.
  • An evaluation of 0 percent is assigned because your left ear has a speech discrimination of 96 with an average decibel loss of 29. The evaluation for hearing loss is abased on objective testing. Higher evaluations are assigned for more severe hearing impairment. Right ear was denied...sigh.

Can I see a private ENT doc and get tested to refute this evidence. I remember that the tone on the machine started out at such a higher volume than the one I expected to hear and am used to. In the Air force you heard very faint series of tones that started out where you could barely hear them and then they gradually became louder and easier to hear.

3. Allergic Rhinitis

  • Service connection for allergic rhinitis is denied since this condition neither occurred in nor was caused by service.
  • We did not find a link between your medical condition and military service. Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

There is evidence of a diagnosis of allergic rhinitis in my STR's and medication prescribed for allergies. My allergies have gotten worse to the point that I went to the doctor twice this year for infections and I cannot go a day with out medication. Will see if I can get a current diagnosis from the ENT doc soon.

If anyone has thoughts or advice for these issues it would be greatly appreciated.

I am also in the process of submitting more additional evidence to the intake center for contentions that were denied service connection for neck/cervical spine issues (4 disc bulges) that I have just been diagnosed with from an MRI exam.

Also radiculopathy in both left and right upper extremities.( fun stuff) Just had an EMG done with a Neurology doc and the evidence is there.The issue can be attributed to a motor vehicle accident while I was on annual tour on Active Duty orders.

as a Reservist back in 2011.

I have copies of orders, mishap accident form, treatment diagnosis from ER, and physical therapy in my reservist STRs. LOD was never done though. Not my fault I gave them everything they asked even the police report they said they had to have to initiate it.

I am now undecided as what would be the best course of action to take. Should I just submit additional evidence for them to consider and possible award those denied contentions?? or would it be best just to file the NOD now and submit all evidence that I have right now and submit the rest as I build a case with a private doc for each denied contention?? Should I get an IME/IMO done by each specialty to refute the denied contentions.

I am now seeing a pain management doc for neck and back issues.....and not to mention all the secondary service disabilities that are now manifesting like the pain in hips, knees, feet, soft tissue pain.....like I have the body of a 65 yr old man and im only 41.

God's grace is sufficient because I stay away from all the drugs mostly... just an 800mg of Motrin the good ol Vitamin M from time to time. Any advice would be of great assistance. Thanks to all who contribute to this forum and for your expertise. May God find favor on you all as you fight the good fight. Have a blessed day

Very Respectfully,

David

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