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Should I apply for a higher rating?

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david dupe

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I really need some direction please. I receive 100% I/u pt. They rated me as follows, All service connected. Bronchitis, chronic 10%, Arteriosclerrotic heart disease 60%, hypertensive vascular disease 10%, radius impairment 10%, degenerative arthritis (spine) 10%, chronic adjustment disorder 10%, prior to my rating I lost my spleen due to a infarction and it’s not rated. I was also denied on my central sleep apnea, I went through va sleep study and given a nasal cpap machine, they said it’s not service connected. Since all of these ratings I have the following wrong with me. Stroke,afib, stent(heart), aorta heart valve replaced(leaking), they noticed minutes before my surgery that I was enemic and gave me blood.ive been diagnosed with congestive heart failure a few times lately, I was first diagnosed with it and put on lasics in 2005. Should I apply for a higher percentage? I need some direction please!!!!

 

 

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Not exactly sure how severe all of the 10s are so I can be certain and hope others chime in but the fact your on IU and not working having 10 chronic adjustment order sounds like a lowball. Are you SMC S? 

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David... 

For many years people told me do not try to get an increased rating if your already receiving TDIU.  I was awarded TDIU in 1999, the same year I w had a  10% rating for a back injury to a 40% rating for the back injury and then to a 60% with a back injury, and was awarded TDIU, because I had been medically retired from Civil service because of my back issue, now at that time I was rated  80% overall. I later rejected the nay Sayers and continue to this day to apply for for new disabilities.  Let me be clear, I do not file claims to see if I can beat the system, I file actual claims that I am confident I can win. Since 1999, I have been awarded 100% for COPD and was already rated 60% for asthma, I was awarded 50%  for sleep apnea secondary to my lung conditions. I was awarded the adapted housing grant , and the vehicle allowance grant, I get A& A at step L 1/2, I was awarded 40% for TBI just 2 years ago, I was awarded a second 10% award for the same  knee,  I was awarded 10% for hemorrhoids 10 % for sinusitis,   I was already rated 10% for allergic rhinitis. I get a K award for loss of use of my left foot. I could go on .. my point is  to say that if you feel you have a condition that should be service connected  or secondary to a service connected you may want to apply. I waited some years after I left service before I understood the system. In my day TBI and Sleep Apnea where not medical terms, today I am rated  service connection.  I would recommend you spend $1500. or so and ask a doctor to review all your medical records and to write a reasoned opinion as to service connection for sleep apnea, as secondary to Bronchitis, chronic . I would also do some research and try to determine if the Heart was affect by the bronchitis in any way like  pulmonary Hypertension.  Depending on the condition of your spine your could be rated up to  100% , but that would be the worse case. Also, back injuries can effect static nerves, cause muscle wasting, and other nerve damages that lead to drop foot... so there are a lot of things that could be secondary to the back injury if the issues exist now or later. I can tell you with no exaggeration  with all of my service connections I have 3 ways to get to 100%, (that's  since 1999)  and I have a lot of 10% rating as well. But you need to decide if you think you can win a claim based on the medical evidence.  I used Dr. Anise to write me a statement for  a left knee injury and sleep apnea. I won the sleep apnea based on the c/p examiners opinion, I lost the knee claim, but the IMO was ignored, and on this last Tuesday I went for a new c/p exam on the knee.  I am confident  95% confident that my left knee will be rated secondary to the right knee injury.  Best of luck to you,  remember the medical evidence must exist before submitting the claim otherwise it is drawn out even longer... and if the evidence isn't clear it can be hard to  overcome a denial.

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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SMC is a Special monthly compensation

a K award for ED or dropfoot is about $100 a month

SMC S is housebound 

SMC L is A& Attendance

These are the more common smc's 

SMC =- much more money over a 100% rating

                                                                                I am not a lawyer so take my opinions with a grain of salt...

If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU  and 4 SMC awards !  I say JUST GO For It

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.

 

 

 

 

 

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I have no doubt that my health is much worse since I received my 80% I:u rating. I see words like mild pulmonary hypertension, thrombocyttosis, leukocytosis, hyperlipidemia. In my discharge summary. I read where thrombocytosis ptoduces to many platelets, I had a infarcted spleen(I had a stroke) which they took they never figured out why this happened and I never filed on it.I have a enlarged liver which this can cause, I have had a stroke which this can cause. My central sleep apnea can be caused by blood or cardiac problems, they denied because they said it's not sc. My back problems, fusion at L5 S1 followed by Merca (staff infection) in my spinal cord followed by 24hrs. A day antibodies for 5 months.

if they approve my % increase like I expect, will they automatically file for smc if I qualify??

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