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Flare ups for increase ? Great Deluca argument?

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paulcolrain

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%

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Edited by paulcolrain
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7 minutes ago, broncovet said:

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.  

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

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Of course, we dont know what the rater was thinking or why he did this or that.  Glitches and errors like this are VA's favorite past time...when they are not busy marking "claim denied".  

We have no choice but to try to fix it.  There are 2 possibles:

1.  Berta has been successful "asking VA to cue themselves".  

2.  File a NOD, and wait 5 years, or, opt in to ramp and maybe get it done sooner.  

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i agree bronc...

this is sooo broken.

my mom gets SSDI and she has a Government employee working for SS that sends her letters and creates problems....well point is ,, they give her explanations of things and an ext to a phone # to call them... 100% of the time she is allowed to be told EXACTLY WHATS GOING ON WITH HER FEDERAL BENEFITS. THEN IF SHE WANTS SHE IS ALLOWED TO SEND HER DIRECT PERSON DOCUMENTS TO FIX ISSUES.

WITH VETS WE GET VSO's AND THE OBVIOUS PROBLEM IS THEY DO NOT WORK AT THE VA.... WHY CANT VETERANS HAVE THE SAME PROCESS AS SS SYSTEM HAS!

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