Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

Rating Finally Received, Few ?s On New Claim, Appeal

Rate this question


Question

Posted

It took 1 year exactly but I finally got the big envelope. I should have received it 2 months ago but a clerical error was found that had to be fixed. Heres the official results.

Essential Hypertension- 20%

DJD/DDD lumbar spine- 10%

Patellofemoral syndrome, right knee/post arthroscopy w/ clinical diagnosis chondromalacia 10%

Irritable bowel syndrome 10%

Gastroesophageal reflux disease w/ hiatal hernia 10%

Insomnia 10%

Bilateral planovalgus flat foot 0%

Mild seasonal nasal allergies 0%

external hemorrhoids 0%

scar residuals, left face 0%

scar residuals, right forearm/left knee 0%

history of achilles tendonitis, right DENIED

upper back shoulder pinched nerve, bilateral DENIED

remote injury right hip DENIED

hearing loss, bilateral DENIED

Tinnitus DENIED

TOTAL rating 50%

Since my C&P's, my lower back got much worse and I had a lumbar diskectomy that turned out bad and I now have a large amount of scar tissue formed around nerve roots and several new herniated discs (as shown in a recent MRI). I think my best bet is to send in the new info from after the surgery and request they reevaluate it instead of straight appealing it. Not sure though. Im also going to be sending in my TDIU form at the same time as I have not been able to work since getting out and can not even go to school anymore.

I never claimed hearing loss, only bilateral tinitus. I have constant ringing in my ears that drives me almost insane at times. Not sure how I can prove this though. I was a helicopter pilot and worked around the whine of the jet engines. Ill be appealing this decision.

The achilles tendonitis and right hip injury was a problem for a few years while in service but currently does not bother me. It was only on there because the VA guy I had to see before I got out said to claim it anyways. I will not appeal those two as they arent currently a problem. Maybe down the road if they act back up. Am I wrong or is my thinking ok on these?

The pinched nerve in my back is still a problem and acts up anytime I carry a backpack or even a heavy grocery bag. Its just an intense burning in a localized spot and it lasts about 30 minutes. Maybe this isnt bad enough for a rating, I dont know.

I believe the 10% rating on my stomach problems, insomnia, and reflux are rated as they should be and will leave those as they are. Same with the 0% for the scars.

The feet problems and hemorrhoids should both be at 10% I believe based on the criteria for the ratings on those. Ill appeal those two also.

Im not sure on the allergies. I have them horribly and they are terrible almost every day. Im allergic to almost everything. But, I felt kind of funny claiming this in the first place as even though I didnt have allergies before I entered service, Im not sure these can actually be atributed to my military service. But, if they were caused by my service then they sure as heck are a lot more troublesome than 0%. Not sure what to do on that one.

My right knee was operated on in service and is the reason I was put out on disability after 8 years in service because I could not fly anymore. Ill probably appeal this one. I have not looked at the criteria for ratings on it though. But, it gives out, catches and scrapes really bad when I bend it and hurts a lot.

My back is the main problem though. I had the surgery after my c&P so my range of motion measurments used in my rating where from before it got much worse. I did howvever write several letters updating my condition and send in the surgery reports. Not sure if I should request a new c&p to get new range of motion measurements or what. The surgery was done by a civilian.

My new claim I just sent in is Depression. I saw a counselor/psychiatrist for about 6 months while in service after my knee got really bad. I have not seen anyone since getting out because Ive had no insurance and the VA made a mistake and said I wasnt eligible for health care until I got my rating. I tried getting this cleared up several times but to no avail. Now that Im rated Im good to go though and can start going to the dr after the january enrollment according to them. I guess my question on this is, will it hurt that Ive not been seeing anyone for depression? Part of my reason for filing for this is to get seen and hopefully start to get some help on it. Im kind of lost and not sure what to do. If it werent for my wife and kids, I know for a fact I would not be here right now. Its pretty pathetic that dont give in only because of what it will do to three people but I guess its kept me here this long.

Im really sorry this was so long and hopefully its not confusing.

I talked to a local vet rep for help but the guy was a moron. He told me NOT to file the TDIU form but to just hint at getting TDIU in my appeal and they would give it to me. He also told me that I could not get a temp 100% rating for the 3 month convolescence period after my surgery. Those are only a few of his doozies, most of what he said was BS. Im thinking fo calling the rep in the next county and giving him a shot but just not sure. Ok, ill stop typing now. thanks.

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Posted

Nathan:

You have to be in treatment for the depression. How did you get the reflux/hiatal hernia? I have a claim in for that as secondary to PTSD and have it for years....bad.

Cavman

Posted

NAthan, you need to explain to the VA that you have luumbar radiculpathy and they shopuld rate the effected nerve group separate. They should schedule you for an EMG.

Surgury will decrease your ROM but can possibly make the radiculpathy better unless you have a MRI that states a Nerve root is pinched. ALso look at the OR repot you had from the last surgury as it is a play by play of what they found.

Posted
Nathan:

You have to be in treatment for the depression. How did you get the reflux/hiatal hernia? I have a claim in for that as secondary to PTSD and have it for years....bad.

Cavman

So if they schedule me for a c&p for it and I see someone then, it will not be enough for the depression? I would have been going to the VA for it the last year but they said I couldnt.

As for the reflux/hernia, I just started having problems about 4 years into service with bad reflux. Not sure what caused any of it.

Posted
NAthan, you need to explain to the VA that you have luumbar radiculpathy and they shopuld rate the effected nerve group separate. They should schedule you for an EMG.

Surgury will decrease your ROM but can possibly make the radiculpathy better unless you have a MRI that states a Nerve root is pinched. ALso look at the OR repot you had from the last surgury as it is a play by play of what they found.

My original claim on my back was for "lower back pain with radiating sciatica" Hopefully with my appeal they will recognize the radiaculpathy. My most recent MRI talks about the bulging discs at L5-S1, L4-5 and L3-4, stenosis, and states "prominent enhancement extending from the posterior disc space into the epidural space. This enhancment extends around the left S1 nerve root. This is consistent with scar formation. the left acetabulum nerve root is displaced. there is severe left foraminal narrowing, and mild right foraminal narrowing." It goes on to talk about broad based central disc herniation narrowing anterposterior dimensions of the thecal sac, borderline for stenosis.

Final impression of the MRI states:

"There is a large amount of postoperative scar in the left at the L5-S1 displacing the Left S1 nerve root. Moderate broad based central disc herniation at the L4-5 level is seen which narrows the thecal sac, level is borderline for stenosis. Diffuse disc bulging at L3-4 level. "

I dont understand most of that but maybe that will cover the radiculpathy?

Posted

Nathan,

Welcome to hadit !

Here's a URL that will help you locate the nearest Vet Center to where you live.

http://www1.va.gov/directory/guide/home.asp?isFlash=1

Veterans can go there for services such as treatment for depression, PTSD,etc..

You can be seen immediately on a walk in basis and they will set up appointments for you

really quick. If they feel you may need medication for mental health issues they will put in

a referral to the nearest VAHC and that also should go thru quickly for you. It sounds to me like your depression is related to your injuries incurred in service, this is great for compensation purposes

but just FYI, you don't have to be service connected to get help at the vet center's. The vet centers

will also document your treatment.

Good luck & again, welcome !

carlie

Carlie passed away in November 2015 she is missed.

  • HadIt.com Elder
Posted

Nathan, if you were flying very much, and if you were in the nam, then I'd be willing to wager that you were exposed to Agent Orange.........?

Si?

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
    • Patrol Agent earned a badge
      One Month Later
    • Grey Goose went up a rank
      Rookie
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use