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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By Albsalin73
Why might a veteran never have gotten the decision letter on a reversal on a claim that had been denied on service connection on PTSD?
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By TexasVeteran
Has anyone ever heard of any of these three codes being given separate ratings? I realize these are all rated by the range of motion, with the only exception being IDS, which can be rated by how many times you are placed on bed rest (incapacitating episodes). I'm getting a lot of conflicting information about this, as some people seem to think there are special circumstances which the VA will separate at least some of these out. But, no one can explain what those circumstances would be.
1. thoracolumbar strain (5237) http://www.militarydisabilitymadeeasy.com/thespine.html
2. intervertebral disc syndrome (5243)
3. ankylosing spondylitis (5243)
4. degenerative arthritis (5003) http://www.militarydisabilitymadeeasy.com/diseasesofthemusculoskeletalsystem.html#a
^^ This is in my spine but obviously not enough to be coded 5242, degenerative arthritis of the spine
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By Nova22033
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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By RVoorhis
Hi Folks
Had a C&P for lower back injury related to MST in 1975. C&P examiner a PHD/PA with an impressive resume also retired Rear Admiral filed his report less likely than not a couple of weeks ago. The report was full of misspellings, information discrepancies and a lie or two! This gentleman had me on the wrong ship, took very poor notes and many of the doctors I've seen as well as dates & times totally wrong. He tried to dispute my IMO from Dr David Anaise by saying I never told Dr Anaise I had a motorcycle accident after my separation from the Navy, that was an outright lie and I had the proof in emails that in fact I did tell Dr Anaise about the motorcycle accident.
It's clearly obvious this PA pencil whipped this report and hit send, does anyone think my IMO will carry more weight than this sloppy inadequate C&P report? I have uploaded a rebuttal to my ebenny case file.
Thanks
Rob
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By wbonebrake
OK, so here's my story. I was in Iraq in 2008-09, and started having chest pain. It was dismissed by the army doctors as probably just a strained muscle. Fast forward a few years, and I was diagnosed with pulmonary hypertension and stage one heart failure, both of which are ultimately fatal. I submitted a claim for these conditions, which was denied. I appealed this denial to the DRO in St. Louis, MO. The C&P doctor doesn't feel like I am still afflicted with heart failure, even though I have been seeing a cardiologist for it for years. I received a SOC for the heart failure and another contention for sleep apnea, which I filed the form 9, and continued the appeal on these issues. The contention for pulmonary hypertension has a pending rating decision in the system according to my VSO, of which they gave me a copy. Here's my issue. I am diagnosed with Pulmonary Hypertension, as well as other diseases. The doctor who did my C&P exam clearly stated that he believed that my PH was service connected. The pending rating states that I am granted service connection for PH. However, in the section that details the rating, it is rated at 30% as "Symptomatic, following resolution of acute pulmonary embolism." I have never been diagnosed with pulmonary embolism, only pulmonary hypertension. In the CFR 38 section 4.97, diagnosis code 6817, Non-tuberculosis diseases of the respiratory system, Pulmonary Hypertension is clearly listed as a 100% condition. I called the 1800 number to check on the rating decision, and I was informed that it was sent to the authorizer, who then sent it back to the rater, and it is now just waiting to be authorized again. Is it possible that the authorizer saw this, and felt that the " Symptomatic, following resolution of acute pulmonary embolism" was not an accurate representation of my diagnosis, and asked for it to be updated? Also, this decision was issued on the 12th of April, 2017, and it is now May 21, 2017. What could be taking so long in getting that decision finalized? Thanks in advance!
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
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- 41 replies
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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Navy89 1
Can anyone make anything out of these... Is this Auto 10% in PFT? What does dorcel de change come with? Results:. Pulmonary hyperinflation is demonstrated. Mild degenerative change is seen involving the dorcel spine. Uric acid 9.3 Pft: pre bronc:. Fvc71,fev1 71,fev1/fvc 99
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doc25
I'll try to answer your questions as best I can. It appears you may have tested positive for COPD or some other pulmonary condition. Your pft results are closest to a 10% rating if you claim it a
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