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I would really appreciate some guidance on next steps. Please let me know if I forget any useful information. I had 2 items go to the BVA. I had a claim for tenosynovitis of right hand/wrist/forearm which was originally denied connection and the other issue was for scar.
The BVA said my tenosynovitis was service connected so that was taken care of.
The scar was remanded because of a incomplete c&p exam. Pretty sure when I filed NOD I also said I did not agree with the exam because I complained of scar pain and the examiner never mentioned it at all. So my initial rating for scar was 0%.
Like I said I filed NOD after initial 0% assignment. Couple weeks back they gave me another c&p exam like the BVA ordered. This time the examiner actually wrote down that I complained of pain so they rated me at 10%. However they changed my effective date from 2013 to Oct this year because the previous exam didn't mention pain
I'm obviously going to appeal this again but what do I say? What's best way to go about it?
Second part of question is about VA duty to assist. I had no idea there was a rating possible for hernias. Because of the surgery for tenosynovitis which is service connected and where the scar is which is service connected I have a hernia where muscle bulges through and raises the skin. That hernia has always been there. Should the VA have included that? Any examiner can see it clearly when looking at forearm and my last c&p examiner for scar said she would note it. Can I get that connected with a effective date of 2013 which is when the tenosynovitis is and my original 0% scar was?
I have a CP exam coming up soon for my dispute over 0% rating for scar. Is it possible to get 10% effective the time of scar rating for a hernia? I have a large forearm hernia below scar that I was told can't really be fixed.
Also what is a painful scar? After surgery there was 1 obvious adhesion at wrist that surgeon had to break by bending wrist back. I think I have more at base of thumb because it's enlarged and restricts motion but not enough to be rated under range of motion. However repeated use does cause pain where the surgery was and adhesions are scar tissue.
Evaluation of migraine headaches currently evaluated as 0 percent disabling.
The evaluation of migraine headaches is continued as 0 percent disabling.
We reviewed the evidence received and determined your service-connected condition(s) hasn't/haven't increased in severity sufficiently to warrant a higher evaluation.
The examiner for exam conducted on June 9, 2020 opined that you they do not meet medical criteria for prostrating.
We have assigned a noncompensable evaluation for your migraine headaches based on:
• A diagnosed disability with no compensable symptoms (38 CFR 4.31)
A higher evaluation of 10 percent is not warranted unless there are characteristic prostrating attacks averaging one in 2 months over last several months. (38 CFR 4.124a)
I realize I do not 'prostrate' myself each and every time that I have a migraine headache; however, I have been diagnosed with migraine headaches - while I was active duty and after I retired. I have continued to be followed up through Tri-Care mostly through MCF; all documentation has been furnished to the VA. I'm currently seeing a Neurologist (one of many of the 20 years since I've retired) concerning my migraines. The problem being - I more than meet the average of (migraine) attacks of one in 2 months over last several months (I average migraine 5 or 6 attacks over the last 13 months.
We all know that 'prostrating' is a definition that even the VA cannot fully define. Has anyone else been able to overcome this situation? I already have a 20% disability (a combination of two 10% disabilities).
All I'm really looking for is the 10% disability; but the 30% would be nice to have.
With characteristic prostrating attacks occurring on an average once a month over last several months = 30%
With characteristic prostrating attacks averaging one in 2 months over last several months = 10%
By Wise Guy
I have a current claim for several injuries to include PTSD. I did some research and found out the best way of getting a rating for migraines is to have a diary through the VA of the migraines. For my PTSD which I got diagnosed through the VA in February, I'm taking Doxazosin (Nightmares), Hydroxyzine (Anxiety), and Sertraline (Mental Health). All of the medication causes headaches. However, the Sertraline only causes headaches within the first 2 weeks. I was going to wait until the claim was complete before filing for Migraines because I wanted to already have the rating for PTSD first so I can claim the migraines as secondary. But is there a way to still file for it now to still say it's because of the medication for the PTSD? Which route should I go or is there a better one? And should I talk to my VA counselor/medication doctor to get him to state that my migraines are caused by my PTSD and medications? I heard every time you file for a new claim, then everything gets re evaluated so it would be ideal if there was a way to get everything done now.
Also, I did get diagnosed through the VA for Sleep Apnea back in February,. So, can I say that the migraines was also caused by the Sleep Apnea?
My name is Cris, and I served 4 years active duty in the USCG as a BM3. I am here on the recommendation of a co-worker who has had a lot of success in his claim with the VA and he suggested I do the same, stating you need an airtight case.
I am a 30 year old male who suffers from low back pain, which started towards my last 2 years in the CG. I was on small boats my entire career, was a Boarding Officer, Coxswain and Heavy Weather boat crewman. Daily, getting out of bed is rough, taking some time "to get the kinks out." I believe a lot of this has been caused by bouncing around in a small boat for 4 years wearing all of the equipment we were required to. I do not have much documentation of my injury when I was in, with it being attributed to 'wear and tear.' As I stated, my co-worker has had great success in these forums with his claim, and I am hoping to have the same. I have been seeing a chiropractor for some time now and seem to get little relief from it but nothing of significance.
I am unsure of a few things... 1. I currently work as a career firefighter/ paramedic and my body has been put through the ringer, does this put me at a disadvantage with a claim? 2. Do I even have a case? even though they could chalk up my injury to my current job with no previous documentation? 3. Where would I even begin?
Any and all help is wanted and appreciated! Thank you in advance and stay safe!
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,