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Partially Rated + Deferred claim questions
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HONDOII
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
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vetquest
Well, get with it Buck. This board needs you. I need to lose thirty-five and have not been so good myself.
ShrekTheTank
I think the pain alone cannot be rated as just pain, but It is always linked to some other condition. Also like fibromyalgia you can get higher than 40% depending on the severity.
paulstrgn
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
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