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I am going to file a claim for IVDS and I am a little confused on what is considered to be an incapacitating episode. The regulation state "bed rest recommended by a physician" and under care of a physician. I have spend 304 hours off of work this year so far and most of it was with a doctors recommendation to stay home. My doctor stated that they generally don't state "bed rest" because they would rather you be active unless you are just in such severe pain you cannot move.
Can anyone shed some light on this?
I have to confess I dont know what "IVDS" is, and a google search was unproductive. However, in the case of migraines an "incapicatiating episode" is one which is generally "prostrating" which means you go to bed and dont get out until the episode is over.
An "incapacating" episode means you can not work or accomplish the things you normally do, like going to get groceries, picking up kids from school etc. In other words your "capacity" to do stuff is reduced to zero. I realy dont know if VA would consider your doctor ordering you to stay home was "incapacitating" or not, but I would likely argue that it was.
If you would add more, it would make sense. That is, did you apply for benefits, or are you in appeal?
If you are applying then you may need to ask your doc to word his report in a way that the VA requires. If he refuses to do so, that means you will likely have to hire a IMO/IME to opine these were "incapicating episodes" rather than your doctor saying to "stay home".
VA is anal about the words they want to hear. For example, your doctor needs to state, "The VEterans xx condition is at least as likely as not due to yy event in service". The Vets condition could be from service is insufficient and will get a denial almost every time.
Therefore, my advice is to order your cfile, see what the doc wrote, and if he did not write the magic words, "incapacating episodes", then you need to hire an IMO/IME to do the same or miss out on your benefits. If you like you can delay this as they may NOT require those words, but if you got a denial and the reasons and bases were that you did not have "incapacitating" episodes, then they are likely looking for those words in a medical exam.
Hi Broncovet. My doctor does want to support me; however, he does not know how the VA wants "bed rest" noted when doctors rarely give bed rest for neck and back issues. The VA requires that for IVDS (Hast to do with the vertebrae) to be rated at 60% you have to have bed rest prescribed by a doctor. That is nearly impossible to get! Most doctors don't want you to be down in bed for 6 weeks a year just to get a 60% rating which I would easily qualify for. I do have days off work that equals to the 6 weeks but those work excuses only state "under doctors care" not the wording the VA wants them to use. I have looked at BVA cases and all of them that I found were denied the higher rating because their physician prescribed "under doctor care no work" and not "bed rest." VA needs to change that requirement. My opinion.
Well, yes, but until they change it, I recommend making the most of the situation. Again, Im unfamiliar with IVDS, but I do know that VA regs are designed to help replace income.
Are you working? If not, and if you are unable to work, then you may cosider filing for TDIU. IIt sounds like it would be difficult to work when you are in bed 6 weeks a year.
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