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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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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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Mrpdbo

Partially Rated + Deferred claim questions

Question

Hey everyone,

 

Long time lurker but decided to finally sign up.

 

I recently received a partial rating on my initial claim (10 years after separation from the Army - 11B). My question with this portion is as follows:

 

I had a C&P through VES for a benign growth, left testicle service connected at 0%. Now I know for a fact that when asked during the exam how often I urinate, I told the examiner a couple times every hour (side note: it reallyyy sucks) and watched them check the box for that answer on the DBQ. A few weeks later I looked up the eCFR in which benign growths (neoplasms) can be rated as voiding dysfunctions, which can evaluate to urinary frequency, and it's rated at 40%.  I know that it's only speculation since I don't have the DBQ (yet) but barring the examiner changing my answer after leaving the room, what would be the best recourse for correcting the rating?

 

Second situation:

 

I received a deferred status on bilateral shin splints but my secondary condition I claimed for left knee pain was rated at 10%.  I didn't think that secondary conditions were allowed to be rated if the primary contention wasn't service connected as well?  Is this an indication that perhaps at least my left leg shin splint issue was approved but requires further examiner clarification for a rating?  Or is there a possibility of the VA revoking my secondary condition award based on the outcome of the primary claim?

 

As always, I know I need to wait for my BBE and possibly request my C-File, but I figured I'd ask to see if anyone had any similar experiences in either case.

 

-Paul

 

Edited by Mrpdbo

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Did you apply for "voiding dysfunction"?  If not, you should do so, pronto.  We have learned not to expect VA to connect the dots for you.  Its exceptionally rare when they do.    They might, but dont count on it.  

Second situation:

No.  If you dont have a primary condition, then there is no secondary.  Maybe that is why it has been deferred?  

In other words, if you are seeking secondary sc, and the primary has not yet been SC, then maybe they will adjuticate the primary first, then the secondary.  It cant be the other way around.  You have to have a primary before any secondary.  

   

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30 minutes ago, broncovet said:

Did you apply for "voiding dysfunction"?  If not, you should do so, pronto.  We have learned not to expect VA to connect the dots for you.  Its exceptionally rare when they do.    They might, but dont count on it.  

Second situation:

No.  If you dont have a primary condition, then there is no secondary.  Maybe that is why it has been deferred?  

In other words, if you are seeking secondary sc, and the primary has not yet been SC, then maybe they will adjuticate the primary first, then the secondary.  It cant be the other way around.  You have to have a primary before any secondary.  

   

Broncovet, 

Thanks for the prompt reply. I initially claimed testicular condition, left.  Once service connected, it appeared on my rated disabilities as a benign growth.  Should I claim the voiding dysfunction ("urinary frequency") as a secondary or would it be a request for increase under this pretense, or alternatively file a NOD based upon missing connection once I receive my award letter/BBE?

 

As for the secondary SC, perhaps I'm misreading your reply but I was definitely awarded my left knee pain claim that I filed as a secondary to "leg condition" (was the option when filing the claim using eBenefits). Are you saying that even though they somehow rated the secondary, they'll revisit it again after rating the first? My only other hypothesis is that it somehow got promoted to a primary claim based on my C&P as it's listed as a completely different contention ("left knee patellofemoral pain syndrome").

 

Thanks again for the reply.

Edited by Mrpdbo

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Excuse, me but does anyone have the Regulations Requirements for the 

''Voiding Dysfunction'' and what exactly does this mean and pertain to??

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Buck, voiding technically is defined as emptying the bladde. But if you look at the dbq 21-0960j2 section 3b thru 3e it is talking about the whole thing; storage of urine, peeing, stop peeing, leakage or dribbling, etc. It is better defined at https://urology.ucsf.edu/patient-care/adult-non-cancer/endourology-nephrolithiasis/male-voiding-dysfunction So, as typical with just about any C&P, the definition defined by the VA is going to be a moving target, especially as it relates to the examiner.

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1 hour ago, Buck52 said:

Excuse, me but does anyone have the Regulations Requirements for the 

''Voiding Dysfunction'' and what exactly does this mean and pertain to??

Hey Buck,

 

Here is the formal eCFR:

https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38#se38.1.4_1115a

 

In the section below that link (diagnosis), there are several categories for situations and how to rate them accordingly. Mine should fall under "7529   Benign neoplasms of the genitourinary system" which states to rate it as one of the several scenarios in the link I provided.

 

I'll call my DAV rep today and see if he can shed some light on the rating code used for my exam.

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