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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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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
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      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
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      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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paulstrgn

Sciatic Nerve

Question

I am currently rated at 20% for 

8521-8520 PREVIOUSLY RATED AS RIGHT LOWER EXTREMITY RADICULOPATHY OF THE SCIATIC AND EXTERNAL POPLITEAL NERVES ASSOCIATED WITH INTERVERTEBRAL DISC SYNDROME AND DEGENERATIVE ARTHRITIS WITH

SCOLIOSIS, SPONDYLOARTHROPATHY, AND THORACOLUMBAR STRAIN.

I also have polyneuropathy in my feet, when I look at the nerve matrix for the VA it says for these five nerves "Common Peroneal", "Superficial Peroneal", "Deep Peroneal", "Tibial", and "Posterior Tibial" - "Seperate Evaluation is Prohibited, part of the Sciatic Branch"

My feet are numb, they have the burning, tingling, and stabbing sensations all the time. My feet bother me all the time, especially when I try to sleep.

So my question is, is it possible to to have my percentage raised from 20% to 40% or higher?

I know when I do apply I will also ask for for an SMC K for my feet - this might be a long shot but I will try.

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6 minutes ago, Richard1954 said:

Not one time has any medical issue been reevaluated unless it was requested

In my case I went in for a reconsideration of my back and knees, after the C&P (which I thought went well) the DBQ indicated my back got better and the denied my knees. Then out of the blue I received a letter from the VA with a proposal to reduce. They wanted to lower my IVDS from 20% to 10% and my left and right Femoral nerve from 20% to 0%. Now I never asked them to reevaluate my nerves in my legs yet because of the DBQ the VA now wants to lower me. So yes the VA can and does try to reduce ones ratings. 

So yes they can propose to reduce issues you never asked to have looked at. As I was told by the regional office in Roanoke, VA told me that any time you go in for an exam they can reevaluate your other disabilities! BTW all my disabilities are listed as "Static" which is supposed me mean they will never get better.

So I must disagree with you thinking of it as a "an old wises tale" for it is not, and it is not poppy cock. JMO

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17 minutes ago, paulstrgn said:

So I must disagree with you thinking of it as a "an old wises tale" for it is not, and it is not poppy cock. JMO

I am just wondering if Richards stated experience is mostly with vets who are over 55 or who have had their ratings for 5 or more years? 38 CFR 3.327(b)(2), pretty much limits those categories from re-examination unless there is significant evidence of improvement.

It seems quite likely that age and length of rating may have some effect on the vets he has helped or dealt with.

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3 minutes ago, GeekySquid said:

I am just wondering if Richards stated experience is mostly with vets who are over 55 or who have had their ratings for 5 or more years?

I am over 55 but have not had the disabilities rated for five years yet. I waited 20 years after I retired from the military before I filed my first VA claim in 7/2015. I try not to think of the money I have lost by waiting so long...😬

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6 minutes ago, paulstrgn said:

I try not to think of the money I have lost by waiting so long..

that is frustrating. 😞

7 minutes ago, paulstrgn said:

am over 55 but have not had the disabilities rated for five years yet.

Under 38 CFR 3.327(b)(2),  their attempt to reduce would mean that something in your record is "supposed" to be so significantly improved that it warrants a re-examination.

we all know that is B.S. and you just have to fight and fight the right way to stop them from this stupidity

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13 minutes ago, GeekySquid said:

their attempt to reduce would mean that something in your record is "supposed" to be so significantly improved that it warrants a re-examination.

The reexamination for my IVDS at least came from a reconsideration for a increase, but nothing for the femoral nerve issues that the interpreted from the QTC C&P.

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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