Carotid Artery Disease and 38CFR Part 4

[RockyA1911]

Today I claimed Carotid Artery Disease wherein my left Carotid Artery is 100% occlusion (Blocked) and it is listed in my VA records Problem Items and my recent Carotid Artery Disease Report recently in VA Notes of 27 July, 2017.  It states in that report that I had Neck Radiotherapy due to Larynx Cancer.  I have looked at the 38CFR4 and found Cardiovascular and the conditions underneath it, but can't find the disease in there.  Does Anyone know what it falls under and what the code would be for rating it?

[broncovet]

Yes, Im an "expert" at 0 percent ratings..I was rated zero percent for hearing loss after a lengthy appeal and win at BVA.  Since I have "been there, done that", I wouldnt go through that again for what Alex succintly refers to as an "empty lollipop stick".  I took the money from my zero percent hearing loss rating and sent a check to my bank for the full amount, $0.00 each month, and they were not impressed and took my home away.  I can not even imagine why anyone would want to go through all that for hearing aids..(which I already got from VA even before the zero percent rating).  

If you want to go through all that stress for no additional compensation, by all means feel free to do so, so there is "documentation".  I have had VA's "documentation requirements" up to here (points to my neck) for the past 15 years when I first applied in 2002.  I would rather put my right hand in a meat grinder than to deal with VA's hamster wheel again for zero compensation.    I really dont care about dotting the i's and crossing the t's for VA except to the extent of the benefits provided.  You and I are already at the max, and absent an EED or SMC's, I have "zero" interest in documenting any additional disabiilites that are not "productive", that is, where I can actually see the benefits.  

For me, I would much rather Va work claims on Vets who ARE due compensation, and I dont even like my paperwork in there, if I feel like Im taking the place of a more deserving Vet.  That is, there are only so many people to work  claims and if they are working mine just to put a feather in my cap, then I will gladly surrender my "documentation of an additional disability" for that.  

A few years ago, when Va awarded me 100 percent, they adjuticated TDIU as "moot".  I appealed this, because   I alleged IU was "not moot" because it meant a) I could get an EED and b) I could get SMC S via Bradley vs Peake.  Other than those things, I agreed that an award of TDIU would be moot for a 100 percent Vet.  The board agreed with me, that there WAS additonal compensation potential because of IU, but if there were no additional benefits they would have said it was "moot".  

Im not trying to be a pain, here..you dont have to take my advice.  Im just saying I would not jump through all VA hoops for a zero percent rating or at least some potential compensation for my self or my family, with the family being more important.    I could care less about the additional "documented" disability.  

[Carl the Engineer]

Rocky,

I believe you asked a question and it was answered.  There is no code.  You can take the advice or leave it.  That said, go for it, if you have the time and energy.  The only thing that eludes me is your end game.  100% permanent etc., and no need for DIC condition.  I do have about 6 conditions rated 0% which could be increased in the future, but can contribute to DIC and I am married.  And I am currently rated 80%.  So room to improve.

I did ask for, and followed broncovet's advice on my last claims and it paid off.  I was prescribed a left ankle brace for left ankle pain related to my service connected right foot plantar fasciitis.  I claimed left foot problem.  I was denied left ankle (because it was stable?), but was service connected for left achiles tendonitis.  They also shot a picture of my right foot-ankle for comparison and made comment with opine "greater than 50" connected for right ankle arthritis.  Which I will be claiming soon.  I believe if I would have claim left ankle pain, it would have been denied and the other issues would not have been found or discussed.  I required them to look at a lot more by saying left foot problem instead of left ankle pain.  I did tell the examiner, everything that ailed me related to my left foot which probably generated the comparison x-rays etc.

Again, if you think it is owed to you and you deserve it, go for it, 

And good luck,

Hamslice

 

 

[Buck52]

Interesting Facts About DIC

http://www.benefits.va.gov/compensation/resources_comp03.asp

[RockyA1911]

Hey Broncovet!

Just to let you know I got my decision  already yesterday 10/3/2017.  That was fast as I filed the claim on 8/15/2017 through ebenefits.  Had C&P exam on 9/25/2017.  Carotid Artery Disease was service connected but 0% and Hypothyroidism was service connected at 10%, both secondary to larynx cancer (agent orange). I really didn't have to go through any hoops like in the old days.  It took me about 15 minutes to file the claim via ebenefits and since I was already in the system the claim form was already filled out except for the disabilities I was claiming. Both were a matter of medical history documented already by VA at the VAMC and CBOC.  C&P was nothing, took about 10 minutes.  You are right I won't get anymore money but unlike you I believe everything that is service connected should be documented just in case.......and in case of what.....I haven't a clue but just in case.  So claim from start to finish only took 49 days....that has to be some kind of record......

Edited October 4, 2017 by RockyA1911

[Carl the Engineer]

Rocky,

That is encouraging to say the least.  It gives me hope with my next round of claims.

It also reinforces my stance on the VA in that they will not connect the dots for you unless prodded.  I looks to me like they had all the evidence they needed before you made the claim, but their "duty to assist" stopped with what was claimed from before.

One of my future claims is in my VA med record from a C&P where the rater asks the examiner to opine, whether secondary (yes) and if rated seperatly (yes) to a condition I was not claiming and was not mention in my decision letter.  Just out there on the record.  Question asked and answered, but not claimed.  So no "duty to assist".

I am glad this worked out for you, and a zero is a good thing, in my honest opinion,

Hamslice

[Gastone]

Do you have an actual CAD DX SC'd? Carotid Artery Disease and Coronary Artery Disease are mutually independent of one-another. Same holds true for a PAD DX, quite often no symptoms or actual DX of CAD is present.

Was your Cancer DX SC'd? What do your Private or VMC Specialists have to say regarding the etiology of your Carotid Artery problem?

Were you ever a Heavy Smoker?

Semper Fi