Higher Level Review Results

[sgtdjusmc]

Looking for opinions; especially from Berta.

On my cervical and radiculopathy the reviewer noted an error in the duty to assist. This was because the BVA previously connected a car accident while on AD to my back while the examiner now tried to say my cervical DDD was not aggravated. I am assuming it will now be granted. Thoughts?

The Hip and Knee was denied but within a year of discharge.

I was diagnosed by the VA with Chronic Kidney Disease 40 days after discharge but this review doesn't acknowledge that.

Thank you for your interpretation and opinions.

VA.pdf

[Berta]

Yes, I assume that disability will be granted.....I have no idea what rating you can expect-others here have more more expertise on that type of disability than I do_

"I was diagnosed by the VA with Chronic Kidney Disease 40 days after discharge but this review doesn't acknowledge that."

They might have made a CUE in that part of the decision----

They did acknowledge two CUEs- I asked Former Sec Shulkin to change M21-1MR and he did, now higher level reviews must seek CUE before the decision is completed.

You only got "0" SC however that is far better than "0" NSC, if that condition gets worse with time, to get to a ratable 10% or more level.

Have you been treated for the CKD since the diagnosis?

Did that part of your claim fully explain that VA diagnosed you within 40 days after your discharge?

Did you get a C & P exam after you filed that claim?

Do you get SSDI and if so is it solely for your established SC conditions?

 

 

 

[Berta]

"The Hip and Knee was denied but within a year of discharge."

Is their statements about those conditions correct? Do you have a complete copy of your SMRs?

[sgtdjusmc]

10 minutes ago, Berta said:

Yes, I assume that disability will be granted.....I have no idea what rating you can expect-others here have more more expertise on that type of disability than I do_

"I was diagnosed by the VA with Chronic Kidney Disease 40 days after discharge but this review doesn't acknowledge that."

They might have made a CUE in that part of the decision----

They did acknowledge two CUEs- I asked Former Sec Shulkin to change M21-1MR and he did, now higher level reviews must seek CUE before the decision is completed.

You only got "0" SC however that is far better than "0" NSC, if that condition gets worse with time, to get to a ratable 10% or more level.

Have you been treated for the CKD since the diagnosis? NO, I am not at the point for dialysis. It's stage 3

Did that part of your claim fully explain that VA diagnosed you within 40 days after your discharge? No, they didn't give me a C&P and just denied because there was nothing in my records from AD. I wrote the diagnoses on my higher level review.

Did you get a C & P exam after you filed that claim? No

Do you get SSDI and if so is it solely for your established SC conditions? No

 

 

 

 

[sgtdjusmc]

6 minutes ago, Berta said:

"The Hip and Knee was denied but within a year of discharge."

Is their statements about those conditions correct? Do you have a complete copy of your SMRs?

Yes, I didn't go to sick call downrange for those.

[Berta]

I suggest that you go to the VA Schedule of Ratings forum here and see if your CKD had fit into any of the ratings when you left service or during the first year after your service.

But is possible that VA did not feel the medical record contained anything due to CKD as ratable.

Still, maybe you should appeal this decision on that point- even to obtain a "0" SC rating, that could get worse in time. others will chime in on that.

 

 

[Berta]

https://www.ecfr.gov/cgi-bin/text-idx?SID=60a199ecf27559b30bccb265add2813b&mc=true&node=se38.1.4_1115b&rgn=div8

You need to see if your CKD would fall under renal dysfunction, etc----under the renal disabilities.