Did they get the rating right? Shoulder injury.

[ArtilleryApex]

So I got my rating back for a shoulder injury (20%). Have yet to get the letter, but a little concerned on a few things. Long story short.. Shoulder injury turned into one civilian surgery then 2 from the VA. The VA reconstructive surgery had a hamstring graft that left the front of my leg numb.

Anyways doing a little digging myself this is what I came up with. Please forgive my ignorance on the matter.

Code 5201

Range of motion. I definitely cannot raise my arm more than 45-50 degrees to the front or side without pain and I was evident during the C&P. 

Figured it would be at least 20%

Code 5203

AC Separation. I had a class IV separation and it looks like it was listed that way under my rated disabilities. (left shoulder, grade 4 acromioclavicular separation, status post surgical removal of outer third of left clavicle with graft) 

20% Looks like this is what my rating was for.

Clavicle/Scapula bones broken. Did not count much on this as my clavicle was shaved off on the tip during surgery. Left quite the gap, but not technically 'broken' so I was just curious on this.

Would have been 10%

Painful Motion 

"Minimum Rating must be given" - Not sure what this means. I suppose as long as you get a % with one or the other it would apply here as well.

Scars

I have about 7-8 endoscopy scars followed by a large hideous one after the graft. I got 0%. Not sure how the scars work.

 

I started a new claim to file for nerve damage. The front of my shin where they harvested the hamstrings is completely numb and I get splints on that leg from just walking. Then my long thoracic nerve has been paralysed causing pain and a wing scapula that has not gotten better from years of physical therapy. Not quite sure what to expect from these.

However I just feel like 20% for the shoulder injury (before the nerve damage claim) is a little low. I will follow up with the letter results when they come in. Just curious if anyone else has an opinion on this?

 

[broncovet]

After you get the official letter, you can post what it says and we can better advise you.  Anything other than the official letter is just speculation and pretty much means nothing.  

Ebenefits is the most unreliable of them all.  

[ArtilleryApex]

On 12/10/2018 at 5:20 PM, broncovet said:

After you get the official letter, you can post what it says and we can better advise you.  Anything other than the official letter is just speculation and pretty much means nothing.  

Ebenefits is the most unreliable of them all.  

Guessing they do not post the C&P exam on HealthEvet anymore? I remember I was able to pull up my old one back in the day.

[BigRedDog]

36 minutes ago, ArtilleryApex said:

Guessing they do not post the C&P exam on HealthEvet anymore? I remember I was able to pull up my old one back in the day.

If the exam was done by a contractor, and not by a the VA itself, then you won't be able to pull it up online.

Your local VA facility should have a Release of Records office, or something similar, and I advise contacting them.  I've heard of cases where you might be able to show up there and have them pull it up, but my experience has been with more extensive records, always requiring an FOIA request and a lengthy wait for the CD in the mail.

I need to look at my own recent C&P exam.  I'll let you know what my local office tells me.

[BigRedDog]

The records office at my local VA hospital said that for any contractor C&P exam done this year, I would have to contact the Regional Counsel's office at the VARO.  I was told that this was a policy change put into effect this year.  Prior to 2018, the local records office said that they could probably pull it up.

There's no number listed, so I had to go through the VARO operator a few times, and left some messages with different folks associated with the counsel's office.  If I don't get a call back within a couple of days, maybe I'll try the District Counsel's office; that number is available on the VA website.

I'll report back when I make some headway.  I've read that these reports may not be available until a claim has been decided, but I can't confirm that.

[Berta]

"  I've read that these reports may not be available until a claim has been decided, but I can't confirm that."

That is the way it has been for years and their is much discussion here in how unfair that is to the claimant.

Please let us know if you get any info at all on a policy change.

I mentioned this AM again with contact info ( forget what topic) that vets have to start fighting back over this C & P crap.

Years ago a vet could either get a contractor C & P or sometimes an actual  VA doctor C & P which was easy to obtain the results of fast-

Since VA has begun to hire MANY contractors as VA Doctors, yet they are not VA employees-

(no 1151 or FTCA rights if they malpractice on a vet) any VA C & P doc might come under the contractor policy by now anyhow-

This stuff is all a part of the big picture- the VA will do whatever they can to stave off proper disability awards-

and vets have very little time to rebutt a denial from a decison that was due to a contracting C & P doctor, let alone ginf the cash and time to get an IMO/IME from a real doctor.

and I suggested today that those who do get awards and the retro never shows up, should call the White House vets Hot line as well as file an OAWB complaint.

If enough vets start griping to the right people, the VA could change.

But I have been saying that for 2 decades.Things have gotten worse.

 

 

 

[ArtilleryApex]

So the letter came in. 

20% Granted for a grade 4 acromioclavicular separation, status post surgical removal of outer third of left clavicle with graft.

0% For scars

"Additionally, a higher evaluation of 30% is not warranted for limitation of motion of the arm unless the evidence shows:

Limited motion of the arm midway between the side and shoulder level."

I had no idea the A/C separation was ratable and a very nice surprise.. However.. What the flying f@ck?! I went in originally because my range of motion is total garbage and even the Dr. said it was pretty bad. How were they able to make it look like it was not even there? Did I miss something? I think this is an appeal, but I don't know how there was no evidence of ROM?