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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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paulcolrain

Flare ups for increase ? Great Deluca argument?

Question

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%

flare1.jpg.816d008db2ee2829b539d4782b21a3af.jpg

1762888081_DBQPG6.thumb.jpg.8ed336d3fdde86832c2b412b2e71d28a.jpg

1101298931_DBQPG6(2).thumb.jpg.7da044583a3c4c99c20bf9aa5de5266b.jpg

882982526_DBQPG6(3).thumb.jpg.88dfe56424d37dd7122afeb7daf375e7.jpg

Edited by paulcolrain

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

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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

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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

 

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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 by broncovet

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