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NMOSailor

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So, I am trying to get a better understanding of how the VA is supposed to determine analogous conditions when your condition is not listed.  From reading 38 CFR 4.20, I believe they are supposed to find a disease that is analogous to my diagnosed disease as a whole, not just the symptoms I suffered.  I have NMO and it can cause Transverse Myelitis or Optical Neuritis.  For me, it caused TM.  The VA assigned me code 8010 for Myelitis, however, my disease is often misdiagnosed as MS so I take that as being more analogous.  MS shares more in common with NMO than TM.  Actually, TM is a symptom of both of them.  I'm trying to find others who may have run into a situation like this.  I have also looked for other cases that include NMO code assignments.  Any help would be greatly appreciated.  I am going through IDES right now and I am about to as for a VARR (VA Reconsideration Request).

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If you can be rated under different DC's, then the VA should give you the one that results in the higher rating.    Remember, you are rated on symptoms, once your disorder is service connected.  No symptoms yields no more than a 0 percent rating.    You want the DC which encompases all your symptoms.  

Try this example:

Sleep apnea and MDD have some of the same symptoms.  Both have sleep difficulties and related symptoms.  

However, you are unlikley to not be able to work due to sleep apnea.  (Altho its possible you could fall asleep at work and that would not be good).

But you are likely to not be able to work with depression, as you may have severe occupational and or relational symptoms.  

Someone else may be able to cite the regulation which states this, its too early in the morning for me to do this now.  

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OMG, I am glad there is finally someone else who appears to be on the same page as me.  I know they will rate my symptoms (assign a numerical value), but they first need to find a DC that is most analogous to my overall condition.  Would this just be the symptoms I experienced or the symptoms that my disease can cause?  For example, a person diagnosed with MS that only suffers from Transverse Myelitis (Like I did) will still be given the MS DC and not the Myelitis DC.  Just because they only suffered the TM doesn't mean they don't have the underlying condition of MS.  This is the boat I am in right now.   When the VA has to find an analogous DC, they had to find one that matches the underlying disease that is causing the symptoms THEN they rate the symptoms under that DC.  Is this correct?

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