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    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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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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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • 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
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Navy89

Grouping Conditions

Question

I have a rating for 10% for:. right knee patellofemoral syndrome, claimed as gout and iliotibial band syndrome

Is it common for VA to group conditions, can these be separated?

Thanks for the assist...

 

 

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Maybe, but I thought that there was only 1 rating per system, with the worst (or most advantageous to veteran) taking precedent. 

 

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this is a good question, but I am assuming something happened to your knee to cause iliotibial band syndrome?  Do you have two different disabilities in your knee?  Do you have gout?  

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50 minutes ago, Navy89 said:

I have a rating for 10% for:. right knee patellofemoral syndrome, claimed as gout and iliotibial band syndrome

Is it common for VA to group conditions, can these be separated?

Thanks for the assist...

 

 

Gout is a form of arthritis caused by high levels of uric acid in the body. Gout falls under diagnostic code 5017, but it is supposed to be rated under 5002 Atrophic Rheumatoid Arthritis. Gout must be rated seperately.

5017 Gout.

The diseases under diagnostic codes 5013 through 5024 will be rated on limitation of motion of affected parts, as arthritis, degenerative, except gout which will be rated under diagnostic code 5002.

 

5002 Arthritis rheumatoid (atrophic) as an active process

With constitutional manifestations associated with
active joint involvement, totally incapacitating.................................................... 100 

Less than criteria for 100% but with weight loss and anemia
productive of severe impairment of health or severely
incapacitating exacerbations occurring 4 or more times a 
year or a lesser number over prolonged periods.................................................... 60

Symptom combinations productive of definite impairment of 
health objectively supported by examination findings or
incapacitating exacerbations occurring 3 or more times a year................................ 40 

One or two exacerbations a year in a well-established diagnosis............................. 20 
For chronic residuals:

For residuals such as limitation of motion or ankylosis, favorable or unfavorable, rate under the appropriate diagnostic codes for the specific joints involved. Where, however, the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5002. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion.

Note: The ratings for the active process will not be combined with the residual ratings for limitation of motion or ankylosis. Assign the higher evaluation.

 

IBS and PFS involving the knee can't be seperated, BUT keep in mind that the opposite knee eventually will begin to cause you problems, on a secondary basis caused by your Left Knee.

Your left knee can also cause hip and lower back problems, eventually, as well. 

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14 hours ago, shrekthetank1 said:

this is a good question, but I am assuming something happened to your knee to cause iliotibial band syndrome?  Do you have two different disabilities in your knee?  Do you have gout?  

Yes, I have gout and attacks in most if not all my joints.  I was just curious as to why there is a group of three and gout, I would think is not in the family.

allergic rhinitis 0% Service Connected   08/01/2009
right elbow gout 10% Service Connected   11/02/2009
right hip degenerative arthritis 10% Service Connected   04/12/2010
right knee patellofemoral syndrome, claimed as gout and iliotibial band syndrome 10% Service Connected   08/01/2009
left knee gout 10% Service Connected   11/02/2009
gout, left foot 0% Service Connected   11/02/2009
gout, right foot 0% Service Connected   11/02/2009
facial hyperpigmentation claimed as melasma and cholasma faciei 30% Service Connected   08/01/2009
post operative bunionectomy scar, right great toe 0% Service Connected   08/01/2009
left elbow bursitis/strain also claimed as gout 10% Service Connected   08/01/2009
right hallux valgus post bunionectomy 10% Service Connected   08/01/2009
hypertension 0% Service Connected   08/01/2009
left hallux valgus 0% Service Connected   08/01/2009

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Just now, Navy89 said:
allergic rhinitis 0% Service Connected   08/01/2009
right elbow gout 10% Service Connected   11/02/2009
right hip degenerative arthritis 10% Service Connected   04/12/2010
right knee patellofemoral syndrome, claimed as gout and iliotibial band syndrome 10% Service Connected   08/01/2009
left knee gout 10% Service Connected   11/02/2009
gout, left foot 0% Service Connected   11/02/2009
gout, right foot 0% Service Connected   11/02/2009
facial hyperpigmentation claimed as melasma and cholasma faciei 30% Service Connected   08/01/2009
post operative bunionectomy scar, right great toe 0% Service Connected   08/01/2009
left elbow bursitis/strain also claimed as gout 10% Service Connected   08/01/2009
right hallux valgus post bunionectomy 10% Service Connected   08/01/2009
hypertension 0% Service Connected   08/01/2009
left hallux valgus 0% Service Connected  

08/01/2009

 

as you can see, there are several grouped together...which probably should be listed separately

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