Jump to content
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Searches Community Forums, Blog and more

  • Ad Free Subscription.jpgOne Time Financial Gift.jpg

    Subscriptions and Gifts are NOT Tax Deductible. HadIt.com is NOT a Non Profit.

  • 0
Palma114

IMO from Dr. Anaise, CKD

Question

On 8/24/2016, VARO made a decision on my Chronic kidney disease claim. They granted me a 60% rating, on CKD stage 3, and Definite decrease in kidney function. I was initially at stage 4 CKD and sick, so they put me on several medications to get my numbers to come down, well after about 45 days it drop from stage 4 failure to moderate stage 3. So I initially filed my claim back in 2004, as all of this was occurring. So I just recently filed a NOD, which states I should have been granted 80%, for stage 4 CKD.

So the C&P Examiner in 2015, never mentioned that I was ever at stage 4. So they only rated me on my now medical status, which is stage 3. So I got an IMO from Dr. Anaise, and he states: A BVA decision in a similar case dated October 26, 2012 states (David Jones, Appellant v. Eric K. Shinseki, Docket No. 11-2704):

The court holds that the Board committed legal error by considering the effects of medication on the appellant's IBS when those effects were not explicitly contemplated by the rating criteria...As this Court has made clear, the Board's consideration of factors which are wholly outside the rating criteria provided by the regulations is error as a matter of law. "Massey v. Brown, 7 Vet. App. 204, 208 (1994); see also Drosky v. Brown, 10 Vet. App. 251, 255 (1997) (finding legal error where the Board, "in essence, impermissibly rewrote" the regulation by considering factors wholly outside the rating criteria); Pemorio v. Derwinski, 2 Vet. App. 625, 628 (1992) ("In using a standard that exceeded that found in the regulation, the Board committed legal error").

Conclusion

After reviewing all of the veteran's medical and military records, it is my expert medical opinion that the veteran's service-connected renal dysfunction warrants an 80% rating. It is abundantly clear from the record that the veteran was diagnosed with stage IV renal failure with a creatinine of 4.5. It is true that the creatinine has improved once medication allowed for some recovery of kidney function. Yet, the rating specifically states that the veteran is entitle to 80% disability when his creatinine rises to 4.5, with no disclaimer to that statement.

A higher evaluation of 80% based on renal function is not warrant unless there is:

* Persistent edema and albuminuria; or, * Creatinine 4 to 8mg%; or, * BUN 40 to 80mg;

Edited by Palma114
  • Like 2

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

That is a great IMO. Update us when you get the Big Brown Envelope.

  • Like 1

Share this post


Link to post
Share on other sites

Ad

  • 0

Where is your IMO doctor located?  I got my IMO's so long ago most of my doctors I used are retired and some may have even passed away.  I got IMO's for mental health issues.  I would not have won without them, so nothing besides original evidence is better than a good IME/IMO.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0
15 hours ago, john999 said:

Where is your IMO doctor located?  I got my IMO's so long ago most of my doctors I used are retired and some may have even passed away.  I got IMO's for mental health issues.  I would not have won without them, so nothing besides original evidence is better than a good IME/IMO.

www.danaise.com---office (520) 219-7321,  fax (520) 844-1452

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Our picks

    • CBO Options for Reducing the Deficit: 2019 to 2028 Published Dec 2018
      CBO Options for Reducing the Deficit: 2019 to 2028 - This CBO Report has been making the news. This post includes parts relevant to veterans. Nothing has been decided as of yet and some seem very unlikely but you never know. Forewarned is Forearmed.

       

      https://www.hadit.com/cbo-options-for-reducing-the-deficit-2019-to-2028-published-dec-2018/
      • 8 replies
    • 2019 Veterans Benefits
      State Benefits, Space A and More ... https://www.hadit.com/2019-changes-to-veterans-benefits-state-and-federal/
      • 2 replies
    • Appeal granted and closed.
      My appeal was granted and closed on November 9.  I got an unofficial notification from the DAV on November 15 stating "appeal granted with an evaluation of 30%" which is great!  My question is this:  How long until I get the official notification from the va? Nothing on ebennies has updated since the appeal closed. Appeal is now in historical and just says complete and at originating va office. I understand no one knows va timelines to a tee but a general timeline would be great.  Thank you all! Hope you have a Merry Christmas!

       

      Edit:  This was my first time appealing and it was a VBA grant. 
      • 6 replies
    • Question About Temporary 100% Rating for Hospitalization
      Hey all. I've searched all over the net, and read the CFR on the topic. I will be going to PTSD Dom inpatient treatment here soon. I read that it's possible to get 100% temp for hospitalization. However, the CFR says that PTSD Dom does not qualify, but then in the exceptions it says that it may. Does anyone know if I will qualify for temp 100%. I will be in there for almost 2 months. Here is the CFR code, and the part regarding the matter-

       

      Do not apply the provisions of 38 CFR 4.29 when a Veteran

      is treated as a resident in a State Veterans’ home is currently receiving a total rating for the disability for which hospitalization was required is a resident in a VA domiciliary program, or is a participant in a live-in/work out program being utilized to facilitate transition to community living.

       

      Exceptions:
      Hospitalization in excess of 21 days for an SC disability in a medical facility located at a State Veterans’ home may entitle the Veteran to hospitalization benefits. Veterans are entitled to hospitalization benefits for treatment in excess of 21 days in a day hospital program if the treatment given is consistent with hospital care for a SC disability even though they are concurrently required to be housed in a VA domiciliary.

      The exceptions part is confusing me. Does anyone know if I am entitled to a temporary 100% rating? I'm currently rated for the same reason I'm going inpatient.
      • 8 replies
    • Abbreviations, Acronyms, etc.
      Abbreviations, Acronyms, etc.
      • 0 replies
×

Important Information

{terms] and Guidelines