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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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Proposed Reduction of Benefits
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A VA Compensation and Pension Examiners Perspective
Tbird posted an article in Veterans Disability Claims,
A VA Compensation and Pension Examiners Perspective
This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?
Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.-
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VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
Tbird posted a blog entry in Tbirds Blog,
10 + 50 = 50 and other VA math mysteries explained.
VA Math It’s Not Your Mother’s Arithmetic
“VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.-
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VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
Buck52 posted a question in VA Disability Compensation Benefits Claims Research Forum,
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5768-
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Post in I need some help, please
Tbird posted an answer to a question,
If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.
If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.
For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.
Special Monthly Compensation (SMC)
I hope this helps.
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Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?
Tbird posted an answer to a question,
You can now apply on line Read the below PDF or go here to Apply and read more https://secure.ssa.gov/iClaim/Ent002View.action
Here is a checklist for what you will need
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Brave and the Bold
Proposal to reduce combined rating from 70% to 60%
A brief summary is as follows. In November 2014 I was assigned a 60% evaluation under diagnostic code 5243 for intervertebral disc syndrome based on incapacitating episodes. I was also assigned a separate compensable evaluation for left lower extremity lumbar spine radiculopathy of 20%. These two ratings along with another rating of 10% for tinnitus brought a combined evaluation of 70%.
After a recent C&P Feb 24th of this year(2016) I had a combined ROM of 80* as well as moderate/severe radiculopathy in my left leg and moderate radiculopathy in my right leg. I again had a 60% evaluation under diagnostic code 5243 based on incapacitating episodes due to 3 recent lumbar minor surgeries. My combined rating was continued at the 70%. My VSO noted that the right radiculopathy was never mentioned in the Decision Letter. We submitted VA 21-526EZ on April 18, 2016 as well as VA 21-4138.
Today I received a Decision Letter with the proposed discontinuance of the separate evaluation for radiculopathy in the left extremity currently evaluated as 20% disabling and combine the radiculopathy with the DDD under diagnostic code 5243 and assign a single evaluation. I was granted service connection for right extremity radiculopathy which was also combined with the DDD under diagnostic code 5243 and assigned a single evaluation of 60%.
Per the VA they stated the following reason for their decision as, "When an evaluation is assigned under diagnostic code 5243 for Inter-vertebral Disc Syndrome based on incapacitating episodes regulation prohibit the assignment of separate compensable evaluations for objective neurologic abnormalities to include radiculopathy of the lower extremities. The result of this proposal would reduce your combined evaluation from 70% to 60%."
So now I have a rating of DDD with Bi-lateral radiculopathy all under a single evaluation. Everything that I have read and researched states the complete opposite. It clearly states that if rating under diagnostic code 5243 consider the assignment of seperate compensable evaluations for objective neurologic abnormalities. Even with the VA fuzzy math I can't understand how I didn't recieve an increase rather then a decrease in combined rating.
What should I do now to dispute this or am I wrong in what I'm understanding? Is the VA actually right in their decision?
Thanks in advance for any help you may be able to give
Darren
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