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Popular Forums: VA Disability Claims - Appealing Your Claims NOD, DRO, BVA, USCAVC -Compensation & Pension Exams - E-Benefits Questions - PTSD 


Popular Posts C and P Exam – Do’s and Don’tsDisability Rating Calculator6 Reasons to Keep Pursuing Claims and Appeals – AFTER you reach 100% | More

 





Popular Forums: VA Disability Claims - Appealing Your Claims NOD, DRO, BVA, USCAVC -Compensation & Pension Exams - E-Benefits Questions - PTSD 



Popular Posts C and P Exam – Do’s and Don’tsDisability Rating Calculator |6 Reasons to Keep Pursuing Claims and Appeals – AFTER you reach 100% | More

 

 

 

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 when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog

 







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Common VA Disabilities





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werdich1

All my VASRD Codes are false in my original claim!!!

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Hello Everybody help is needed!

I just went threw my original ratings and found out that they are all wrong, can't find the codes anywhere that where given to me as a rating, 

5295? For Low back pain following injury.

6099-6092? Partial trochlear paralysis with slightly restricted oblique superior function with complaints of diplopia.

7899-7806? Recurrent Urticaria ( claimed as allergic reaction).

The VARO only used a small portion of my SMR/STR to rate me, and the rest of my records shows a totally different picture of my conditions!

Had a DRO review issued a SSOC.

 

Hadit SMR:STR 1-3..pdf

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Some diagnostic codes have changed over the years. DC  5295 is one of them:

"At the time the veteran filed his claim, his low back strain 
with degenerative changes, lumbar spine, was evaluated under 
Diagnostic Code (DC) 5295, which provides a 10 percent rating 
for lumbosacral strain with characteristic pain on motion; a 
20 percent rating for lumbosacral strain with muscle spasm on 
extreme forward bending and loss of lateral spine motion; and 
a 40 percent rating for severe symptoms with listing of the 
whole spine to the opposite side, positive Goldthwaite's 
sign, marked limitation of forward bending in a standing 
position, loss of lateral motion with osteoarthritic changes, 
or narrowing or irregularity of joint space, or some of the 
foregoing with abnormal mobility on forced motion.  38 C.F.R. 
§ 4.71a, DC 5295 (effective prior to September 26, 2003)."

https://www.va.gov/vetapp07/files4/0738282.txt

In august 2002 these codes were changed, for rating purposes.

https://www.va.gov/vetapp07/files4/0739158.txt

The VA often uses analogous ratings- meaning they use the best DC code that fits the disability.

This code has been used for herpes, excema, and other skin disabilities.

The DCs codes in the older rating sheet you posted might be correct.

This is something vets who think they have a CUE claim in a very old decision, based on what appears to be the wrong diagnostic code, need to do----they need to see how the code was interpreted at time of the alleged CUE decision. It could be a different code than what they have now, but was warranted by the medical evidence the VA had at time of older decision. that would not be a CUE.

Only a few DCs  have changed in time but anyone questioning an older rating sheet needs to know if their DC codes did change over time in the VA Schedule of Ratings here at hadit.

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