Flare ups for increase ? Great Deluca argument?

[paulcolrain]

according to  38 C.F.R. §§ 4.40 and 4.45 

i believe i should be increased from 10% to 20% 

please look at these codes then

look at the DBQ from Dr  i provided you will see the flare up measurements.

Code 5252: If the hip is limited in how far forward (flexion) it can move the leg, then it is rated under this code. If it cannot move the leg more than 10°, it is rated 40%. If it cannot raise the leg more than 20°, it is rated 30%. No more than 30° is rated 20%, and no more than 45° is rated 10%.

Code 5253: All other limitations of hip motion are rated under this code. If the hip cannot swing the leg out to the side (abduction) more than 10°, it is rated 20%. If it cannot move the leg inward across the other leg (adduction), it is rated 10%. If it cannot rotate the leg outward (toes point off to the sides) more than 15°, then it is rated 10%

Edited May 7, 2018 by paulcolrain

[Vync]

I'll try to help, but the first image is blurry and difficult to read.

[paulcolrain]

37 minutes ago, Vync said:

I'll try to help, but the first image is blurry and difficult to read.

vince not sure if your computer same but when i double click both images they get larger and clearer

[Oceanbound]

I am not able to see the first image as well.

[paulcolrain]

37 minutes ago, Oceanbound said:

I am not able to see the first image as well.

hmm.. i tried from 3 different computers now and using google. when i double click on it brings up image view and im able to adjust the zoom

 

[broncovet]

Here is the deal:  "Most" Veteran's advocates recommend a Veteran, when attending a C and P exam, tell the doctor about the WORST DAY, not the VEts "BEST DAY".  

When you go into a c and p exam, and the doc asks, "How are you?" 

Then you respond, "Fine".  So why are you suprised when your C and P exam does not document your worst day??

Better:  C and P doc:  "How are you today?"

Vets answer:  "Much better than Thursday...here is what happened on Thursday.  I got in a fight with my wife, and was arrested and thrown in jail for domestic disturbance.  Now I have a restraining order and can not even go to my own home."  

That is a much better answer than "Fine".  Just tell what happened on your worst day.  If you had a flare up last week, tell the doc about it.  Dont expect the doc to be a mind reader and know that you had to lay in bed all day because of the pain, without mentioning that.  

Edited May 7, 2018 by broncovet

[paulcolrain]

i get that that bronc. 

though the Question that i posed was why did they only grant 10% for the initial rating when the flare ups PER DBQ are Clearly stating that 20% should be granted. 

in other words,,, the rater here failed to take deluca into consideration per evidence of DBQ