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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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  • 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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Question

I filed for an increase recently to my 40% rating. In August 2009 my rating was increased from 20% (awarded in 1994) to  1) ankylosing spondylitis /spine thoracolumbar 20%, 2) ankylosing spondylitis/knee 10%  3) ankylosing spondylitis/cervical spine  10%.

Since then my range of motion has gotten worse and I have been prescribed prednisone and two years ago Humira. They had rated me under arthritis and range of motion. I went for a C&P in May and saw my new rating on Eben: 

1) NEW: (dated 4/27/18) ankylosing spondylitis /spine thoracolumbar spine 10%,    2) UNCHANGED  ankylosing spondylitis/knee 10%    3)  NEW (dated 5/21/17)  ankylosing spondylitis/cervical spine  30%. I filed my intent to file in 4/2017.

I  haven't received the notification or documents in the mail yet but I am confused, my thoracolumbar spine is worse than in 2009 with worse range of motion. The VA has no way to determine it improved, from the arthritis  aspect the joints do not get better and for   ankylosing spondylitis I was prescribed Humira which is a step up from prednisone. There was nothing to indicate I improved.

Also I have been told by some my rating is bad because they failed to rate the ankylosing spondylitis as an active disease in addition to the general range of motion for arthritis.

 

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Just don’t seem right.  Good thing you continued to seek treatment and you can attach your treatment records with your appeal. 

The VA picked a fight with you right before the 10-year protection period. 

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 I don't think they picked a fight with him,   he apparently got a rater that don't like to read because normally they just keep you at the same % if they can't come up with a reason you should be increased.

you may need to wait until you get the actual decision   ebenfits have been UN Trustworthy lately.

IF it is what you think it is?   it may be time to seek an IMO from a specialist to rebuttal the VA Examination Dr's

and an increase may be warranted instead of a decrease.

Edited by Buck52

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Just as a thought... once the medication was taken - the inflammation decreased. Joint movement is better - Prednisone and Humira are powerful. There had to be some changes for the better or you would not  continue on the medications, both decrease inflammation.  Decreased edema ( Swelling) can be seen on an x ray. MRI is of course better. 

Found this link see if it helps with your particular situation:  2017 changes/updates on Arthritis :   https://www.gpo.gov/fdsys/pkg/FR-2017-08-01/html/2017-15766.htm

Edited by L
grammar

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