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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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shrekthetank1

Lipoma, Dercum’s Disease, Adiposis Dolorosa, Fatty Tissue Rheumatism, Juxta-Articular Adiposis Dolorosa, Lipomatosis Dolorosa Morbus Dercum's

Question

To all of my Sisters and Brothers with this disease.  For all of those who have fought this in the past, there is a light at the end of the tunnel.  I wanted to get this out as I am in my appeal stage and just realized the verbiage on this has changed and the diagnostic code to better address the issues.  The diagnostic code I was given is 7819-7821.

The Skin Basic Rating System

The Basic Rating System below is used to rate many (but not all) of the skin conditions on this page. Find your condition first to see if it is rated under this system.

It is vital that you understand how the VA defines systemic and topical treatments in order to determine your correct rating.

Systemic Therapy: Any treatment that is injected, or taken by mouth, through the nose, or anally. This includes, but is not limited to, corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, PUVA, and other immunosuppressive drugs.
Topical Therapy: Any treatment applied directly to the skin, regardless of the type of drug.

The Basic Rating System

If the lesionsskinlesions.bmp cover more than 40% of total body or more than 40% of exposed divisions, or if it required the constant or near-constant use of systemic therapy for the past 12 months, it is rated 60%.

If the lesions cover 20 to 40% of total body or 20 to 40% of exposed divisions, or if it required the use of systemic therapy for a total of 6 weeks or more over the past 12 months, it is rated 30%.

If the lesions cover 5 to 19% of total body or 5 to 19% of exposed divisions, or if it required the use of systemic therapy for a total of less than 6 weeks over the past 12 months, it is rated 10%.

If the condition only required the use of topical medications over the past 12 months and the lesions cover less than 5% of total body or less than 5% of exposed divisions, it is rated 0%.

Edited by shrekthetank1

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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