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Partially Rated + Deferred claim questions

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HONDOII

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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Vetquest and Buck I can't believe that obesity isn't a disability. I have always been a little heavy but never like this, not to mention I use to do a lot more of the maintenance around the house. My SC disabilities is a direct cause of my obesity. I am all for a weight loss club!

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  • HadIt.com Elder

GBArmy   sure  if you don't charge me an arm &leg..😉

As for as winning the lottery  that is looking more &more like a denial   sorry!😪

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  • HadIt.com Elder

GB ,PAUL VETQUEST,SHREKTHETANK,

I wish we all could get down to a health weight  I did the VA M.O.V.E. program for 17 weeks.90 minute sessions..  that didn't help me at all   they teach you what good foods to eat and how much exercise ect,,,ect,, but they fail to tell you what to do after those healthy meals and ya get hungry.?..I eat when I get hungry  that's my dang problem.

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Figured I'd give an update in this thread:

 

Called my DAV rep today and in regards to the voiding dysfunction/frequency, it looks like my C&P examiner completely wiped my responses from the DBQ, as I suspected. Definitely sucks but at least I have SC. I think my recourse for this is to have my primary care doctor fill out the DBQ and submit it as part of the supplemental lane review.

 

As for the bilateral shin splints, I received positive nexus but the RO deferred my rating due to inadequate objective medical evidence. DAV rep said they most likely just need the examiner to clarify their justification. Really hoping it stays positive so fingers crossed.

Edited by Mrpdbo
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  • HadIt.com Elder

Buck, You wouldn't need a little help in running your new estate would you? I could supervise the gardeners or something. It's negotiable!

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