Understanding of VA Decision %’s on Claim

[hammer]

VA Percentages decision on recent claim.   I am the spouse of the veteran and trying to understand how to add up the percentages. Could someone please assist me? 

Will there be back pay to Vietnam exposure  for 1967-68 and 1971-72?

SC Parkinson’s (Herbicide Expo)-granted 50%

SC Muscle Rigidity & Stiffness, left lower extremity (Herb Expo)-granted 30%

SC Muscke Rigidity & Stiffness, right lower extremity(Herb Expo) 30%

SC Balance Impairment/Bradykinesia (Herb Expo) 20%

SC Tremor w/Muscle Rigidity & Stiffness, upper extremity (Herb Expo) 20%

SC Urinary Problems (Herb Expo) 20 %

SC Speech Changes (Herb Expo) 10%

SC Cognitive Impairment/Dementia w/sleep disturbance. 30%

Thank you very much, 

for Hammer (Lee Ervin)

[Berta]

15 hours ago, hammer said:

Had no luck with the AO law group you mentioned on getting a previous effective e date. Submitted an NOD onb the effective date, and made my point on our other claims previously put in for Parkinson's and denied.

That surprises me- it is within Footnote One, Nehmer 2010-I will post all that as a reply-

"Meanwhile I am working on my husbands CRSC. I am having trouble finding diagnostic codes for all the disabilities listed on his last  approval. Could you go to my email  on the items listed and give me some insight as to the coding? Would like to get this off ASAP!"

I thought your husband was eligible for CRDP- the VA automatically sends that info to DOD.

The Diagnostic codes are found within the VA Schedule of Ratings-here at hadit, and would be in a rating sheet in his C file if VA did not list them in the decision.

I dont do email. 

 

 

[Berta]

https://www.ecfr.gov/cgi-bin/text-idx?SID=e01889934e16ee0751373657d3b13a6e&mc=true&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

This is the most recent updated version.VASRD   VA Schedule of Ratings

 

The VASRD is one of the most important links at hadit.

 

It is also one way the VA can commit a detriment CUE, if they use the wrong diagnostic code.

Footnote One Nehmer:

Footnote one: from a past post I made here:

“

"To add in the other thread you posted in the SMC forum , and in the link I gave, I will post the whole reply, as it could help others as well as you:

"Probably thread is too long for many here to read:  so I copied that part of his email to me:

Rick Spataro, Head Nehmer lawyer of NVLSP, explained Footnote One to me this way in email as soon as the Regulations were being prepared for the 3 new AO presumptives in 2010:

 

“As for your second question, if the VA should have coded IHD in a rating decision, the claim that resulted in the rating decision could be considered a claim for benefits for IHD under footnote 1 of the Final Stipulation and Order in Nehmer. It basically depends on the timing of the claim, rating decision, and evidence received while the claim was pending. It may also depend on the rules in the Manual M21-1 regarding coding that were in effect at the time of the claim.

Typically, though, the following example would be accurate: A veteran filed a claim for SC for a low back disability on May 1, 1990. The VA obtained medical evidence showing a diagnosis of IHD in the development of that claim. The VA issued a rating decision on April 1, 1991, but does not code IHD (list IHD as “NSC” on the code sheet of the rating decision). Under footnote 1, since the condition should have been coded in the April 1, 1991 decision, the May 1, 1990 claim should be considered a claim for SC for IHD under Nehmer. “

As I mentioned here before I was a Footnote One Nehmer claimant.

VA "SHOULD have" coded my husband's IHD but didn't because they malpracticed on it.

The medical evidence I produced gave the claim a favorable EED of 1988, for AO IHD.

In Most cases however under Nehmer II most vets had one of the new presumptives listed in past rating decisions, with a diagnostic code, rating and a NSC, instead of SC which is what a successful AO claim produced as SC, under Footnote One Nehmer, if they had a now presumptive AO disability per Nehmer II.

I stress Nehmer II, of 2010, because it changed Nehmer 1.

Footnote One is the most important part of Nehmer II. Next to the three presumptives VA added in 2010."

 

 

 

 

 

 

[hammer]

Berte

Thank you for the information.

My husband is receiving CRDP.  Now that he is rated 100% for Parkinson's and other problems due to Agent Orange herbicide exposure  in Viet Nam, we are applying for for CRSC.

Ref NVLSP- Corresponded with one of their attorneys back and forth and he held to the Nov 2017 effective date, even though I had sent back up to include the last two claims of "Denied" in 2014 and 2016!. I discussed with him the presumptive of 2010. Also included a 2017 DBQ, which they seem to use for the Nov 2017 effective date, ignoring  our most recent Neuro's date of 2015 when he first diagnosed my husband. In 2010 his neuro at that time diagnosed the Parkinson's. His tremors (part of his 100% now) went back to 2002 on his VA records and private physcian's records. Somehow every note on his record seemed to want to put everything on the hemorrhagic bleed that occurred in 2001.  I have filed the NOD with all the back up. We are hoping they will take another look at all the data and change that November 2017 effective date.

I thank you for your input on the above.

Thank you also for the Diagnostic code site.

I appreciate so your work informing veterans of needed information and places and sites to go for help.

Hammers wife

Lee

[hammer]

Berte,

I am sorry.'.... In one of my messages I type CSRD instead of CRSC. It does get confusing!

Hammer's wife

Lee

Edited August 9, 2018 by hammer
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