Jump to content

Announcements



  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

  • Ads

  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • Advertisemnt

  • 0
Sign in to follow this  
Chalman

Thoughts on C&P exam

Question

I’m currently rated at 50% for ptsd and anxiety. This C&P exam is for a ratings increase, insomnia, drug abuse disorder, and IU

1. Diagnosis

a. Does the veteran now have or has he ever been diagnosed with a mental disorder?

[x]yes

icd code: f43.8

if the the veteran currently has one or more mental disorders that conform to dsm-5 criteria, provide all diagnoses:

#1 other specified trauma and stressor related disorder. Icd code f43.8

#2 cannabis use disorder, moderate icd code f12.12

2. differentiation of symptoms

a. Does the veteran have more than one mental disorder diagnosed?

[x]yes

b. Is it possible to differentiate what symptoms are attributable to each diagnosis?

[x]no

Which of the following best summarizes the veterans level of occupational and social impairment with regards to all mental diagnoses?

[x] occupational and social impairment with reduced reliability and productivity 

b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder?

[x]no

3. symptoms

For VA rating purposes, check all symptoms that actively apply to the veteran’s diagnosis:

[x] anxiety

[x]panic attacks more than once a week

[x]chronic sleep impairment 

[x]difficulty in establishing and maintaining effective work and social relationships 

[x]Difficulty in adapting to stressful circumstances, including work or a work like setting 

There is much more to the file I left out somethings that I didn’t think were as important in order to save time. If needed I can answer questions or enter whatever else is needed. I know the VA doesn’t think like we do and any opinions given are just that but would still be greatly appreciated . Thanks in advance for any and all reply’s

Share this post


Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

From this limited view it does look like you should be rated higher!  That being said they will do everything they can to not let this rating go up.  They do have to follow the rules, but they do tend to leave things out all the time.  

So if you do not get bumped up I would post it here minus your information and we can give some guidance on how to proceed.  

Share this post


Link to post
Share on other sites
  • 0
On 3/26/2020 at 12:12 AM, Chalman said:

occupational and social impairment with reduced reliability and productivity 

What killed you is this statement.  You are looking for the following language for the specified rating.  Compare the 70 percent rating instructions and the 50 percent instructions to what the examiner wrote.  If you want to move up in rating you will most likely need an IMO that refutes what the VA examiner said about you.

 

Occupational and social impairment, with deficiencies in most areas, such as work, school,family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation;
obsessional rituals which interfere with routine activities; speech intermittently illogical,obscure, or irrelevant; near-continuous panic or depression affecting the ability to function
 independently, appropriately and effectively;impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance 
and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships...................... 
                         70                   
 Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic 
attacks more than once a week; difficulty in       understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting
 to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining      effective work and social 
relationships...........                                                                                            50        
 Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning 
satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood,  anxiety, suspiciousness, panic attacks (weekly or less often), 
chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)...........................................    
                                          30    
 Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress,
 or; symptoms controlled by continuous medication...............                                                                                                           10
 A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication ..10

 


 

 

Share this post


Link to post
Share on other sites
  • 0

Thanks for the replies. I was reading through my C&P exam and found what is probably a key statement from the examiner. 
 Based on the current examination and a review of vbms/va records, it is this examiner’s opinion that the veteran continues to meet criteria for other specified trauma and stressor related disorder. He continues to experience mental health symptoms, including sleep impairment, panic attacks, and anxiety in social situations. The veteran reported that he currently uses cannabis to manage his anxiety and sleep problems. His use of cannabis may affect his ability to obtain and maintain gainful employment.

 Overall , the veteran’s mental health symptoms will likely impact his vocational functioning. His ability to understand and follow instructions is not considered impaired. His ability to retain instructions as well as sustain concentration to perform simple task is considered mildly impaired. His ability to sustain concentration to task persistence and pace is considered moderately impaired. His ability to accept supervision is considered mildly impaired. His ability to accept criticism is considered mildly impaired. His ability to be flexible in the work setting is considered moderately impaired. His ability to work in groups is considered moderately impaired. His ability for impulse control in a work setting is considered mildly impaired. His ability to maintain a logical thinking process appeared adequate and would not likely impact his vocational functioning. He did not suffer from gross impairment in thought processes, delusions, or hallucinations. He was not a danger to himself or others.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By JaeT.21
      Welp, Just found out they closed my claim. Surprise surprise, nothing changed EXCEPT they reduced my GERD from 60% down to 10%! WHY and What the?! So apparently that random C&P without my knowledge played a significant part.
       
      So my questions are the following:
      1. Should I reopen my claims or file an appeal?
      2. How do I go about getting ALL of my C&P claim notes, especially whatever was said from this C&P without my knowledge?
      3. Should I even attempt to ask for the much qualified for increase on other areas of my body, that have gotten worse, or fight this last round of let downs?
       
      I try to explain to everyone when you retire or get out and become a veteran, your own company (the VA) treat you like used tissue. Nobody has any use for used tissue...tossed to the side.
    • By kent101
      I have had trouble getting my fed ex letter for c&p exams. Anyone else?
    • By RBrogen
      Hey Everyone,
      I wanted to post here to get some advice.  I went to my latest C&P this past Friday May 17th, 2019 for an increase to my original condition of Lumbosacral strain as well as secondary NSAID induced GERD because of taking NSAIDS for years of treating the pain from my back and legs.  Here are the issues that I had and am wondering should I submit an additional document to my claim to let the RO know of my concerns before they make a decision or should I wait for decision and then go for higher-level, supplemental, appeal road.
      Examiner did not use Goniometer to measure ROM on my back (indicated that I was up to 70 degrees and 20 degrees on everything else) Examiner noted pain during ROM testing but did not indicate at what point in ROM that the pain started so that the accurate ROM could be determined Examiner did not fully review my records as indicated by: they did not note spinal stenosis as a diagnosis which is clearly indicated on my MRI results they indicated that they did a straight leg test with negative results when in fact they never did that test.  I never layed down. they indicated that I had not sought treatment for my back since 2017 which is completely false. I have documented treatment records at the VA beginning back in Nov 2018 through this month. they referenced a 2 year old MRI result instead of my MRI from 2 weeks ago they indicated that I was taking pain medication for non-service-connected conditions (neck/knees) which are actually service connected conditions in my file. they didn't record my specific statements about flare-ups and the functional impact saying that I didn't report any at all. Any thoughts would be greatly appreciated.
      Thanks in advance.
    • By megajunk
      I recently (October 2018) made my first claim and was examined and rated @ 10% for Tinnitus.  Immediately afterwards, I received a letter from the VA stating that they had made an appointment for me for back pain that was from a claim in March of 2000.  (I left the USAF in January, 2000).  This is the result of that C&P exam.
      I was also sent a letter about foot pain that I had claimed in 2000.  I ended up filling out more paperwork to explain condition, and sending in medical records from private doctors.  I believe that they combined the foot pain, and the back pain into one claim.
      I cannot see anything on eBenefits regarding the status these claims since they are so old (that's what they told me). 
      I am also soliciting opinions as to what the effective date for these claims would be.  
      Please let me know what you think regarding this DBQ from a C&P exam:
      Thank you VERY much!   
      Thanks!
       
      mhv_Xxxxxxxx_.pdf
    • By sgtdjusmc
      I am thinking 20, 20, 20. Anyone see anything else?
       Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination    Request?    [X] Yes   [ ] No   
          ACE and Evidence Review    ----------------------    Indicate method used to obtain medical information to complete this document:        [X] In-person examination   
          Evidence Review    --------------    Evidence reviewed (check all that apply):        [X] VA e-folder (VBMS or Virtual VA)    [X] CPRS    [X] Other (please identify other evidence reviewed):          JOINT L
          1. Diagnosis    -----------    Does the Veteran now have or has he/she ever been diagnosed with a    thoracolumbar spine (back) condition?    [X] Yes   [ ] No
          Thoracolumbar Common Diagnoses:       [ ] Ankylosing spondylitis       [ ] Lumbosacral strain       [X] Degenerative arthritis of the spine       [X] Intervertebral disc syndrome       [ ] Sacroiliac injury       [ ] Sacroiliac weakness       [ ] Segmental instability       [ ] Spinal fusion       [ ] Spinal stenosis       [ ] Spondylolisthesis       [ ] Vertebral dislocation       [ ] Vertebral fracture

                Diagnosis #1:  LUMBAR DDD          Date of diagnosis:  2015 BY MRI                  
        Diagnosis #2:  THORACOLUMBAR SPINE SEGMENTAL DYSFUNCTION          Date of diagnosis:  SERVICE CONNECTED                 
         Diagnosis #3:  BILATERAL RADICULOPATHY          Date of diagnosis:  2018              2. Medical history    -----------------    a. Describe the history (including onset and course) of the Veteran's    thoracolumbar spine (back) condition (brief summary):    
         THE VETERAN IS A 42 YO MALE WHO SERVED IN THE MARINE CORP FROM 1995 TO       1999, THE MARINE CORP RESERVE FROM 1999 - 2001, AND THE NATIONAL GUARD       FROM 2001 TO 2003 AND AGAIN FROM 2016 TO PRESENT DAY WITH DEPLOYMENT TO       AFRICA FROM 2017 TO 2018.  HE IS HERE FOR A CURRENT LEVEL OF DISABILITY       EXAM FOR THORACOLUMBAR SPINE SEGMENTAL DYSFUNCTION.  HE REPORTS SINCE HIS       LAST COMP AND PEN EVALUATION AROUND 2013 HE HAS WORSENING PAIN WITH ONSET       OF RADICULOPATHY IN BOTH LEGS.  HIS PAIN LEVEL RANGE IS FROM A 5-9/10 WITH       A THROBBING CHARACTER HAVING OVERLYING SHARP JABS.  HE IS STIFF AFTER       SITTINIG AND IN THE MORNING. HIS MORNING STIFFNESS WILL LAST 1-2 HOURS.       HE STATES IN REGARDS TO HIS RADICULOPATHY HIS LEFT IS WORSE THAN HIS RIGHT       AND EXTEND TO HIS FEET BILATERALLY.  HE PREVIOUS TREATMENT INCLUDES       PHYSICAL THERAPY, CHIROPRACTIC CARE.  HE DENIES ANY SURGERY.  HE JUST       ANOTHER ROUND OF PHYSICAL THERAPY.           b. Does the Veteran report flare-ups of the thoracolumbar spine (back)?

          [X] Yes   [ ] No        If yes, document the Veteran's description of the flare-ups in his or her        own words:           HIS PAIN WILL ELEVATE TO A 9/10 TWICE A WEEK LASTING A FEW HOURS           TRIGGERED BY OVERACTIVITY. HE WILL REST AND USE PAIN CONTROL.
          c. Does the Veteran report having any functional loss or functional    impairment of the thoracolumbar spine (back) (regardless of repetitive use)?    [X] Yes   [ ] No        If yes, document the Veteran's description of functional loss or        functional impairment in his or her own words.           HE REPORTS HE DIFFICULTY WALKING FOR LONG DISTANCES, CANNOT SIT IN A           HARD CHAIR, HAS PROBLEM SOCIAL FUNCTION ACTIVITIES AND PLYAING WITH           HIS CHILDREN. HE CANNOT LIFT OVER 15 POUNDS OR STAND MORE THAN 30           MINTUES.  HE HAS PROBLEMS WITH ANY MOVEMENT THAT REQUIRES BENDING,           LIKE PUTTING ON HIS SHOES. HE HAS DIFFICULTY CONCENTRATING WHEN HIS           PAIN ELEVATES.           HE HAS DIFFICULTY DRIVING OVER AN HOUR.
          3. Range of motion (ROM) and functional limitation    -------------------------------------------------    a. Initial range of motion           [ ] All normal       [X] Abnormal or outside of normal range       [ ] Unable to test (please explain)       [ ] Not indicated (please explain)          
              Forward Flexion (0 to 90):           0 to 35 degrees         
        Extension (0 to 30):                 0 to 10 degrees        
         Right Lateral Flexion (0 to 30):     0 to 15 degrees        
         Left Lateral Flexion (0 to 30):      0 to 15 degrees         
        Right Lateral Rotation (0 to 30):    0 to 20 degrees   
              Left Lateral Rotation (0 to 30):     0 to 20 degrees
                 If abnormal, does the range of motion itself contribute to a           functional loss? [X] Yes (please explain)   [ ] No              If yes, please explain:              HE WOULD NOT BE ABLE TO RETREIVE AN ITEM FROM THE FLOOR
             Description of pain (select best response):         Pain noted on exam and causes functional loss                  If noted on exam, which ROM exhibited pain (select all that apply)?           Forward Flexion, Extension, Right Lateral Flexion, Left Lateral           Flexion, Right Lateral Rotation, Left Lateral Rotation                  Is there evidence of pain with weight bearing? [X] Yes   [ ] No              Is there objective evidence of localized tenderness or pain on palpation       of the joints or associated soft tissue of the thoracolumbar spine

      (back)?       [X] Yes   [ ] No                  If yes, describe including location, severity and relationship to           condition(s):           TENDERNESS OVER THE LUMBAR VERTEBRAE, PARASPINOUS MUSCLES, BILATERAL           SI JOINTS AND BILATERAL SCIATIC NERVES.               b. Observed repetitive use           Is the Veteran able to perform repetitive use testing with at least three       repetitions? [X] Yes   [ ] No          Is there additional loss of function or range of motion after three          repetitions? [ ] Yes   [X] No
          c. Repeated use over time           Is the Veteran being examined immediately after repetitive use over time?       [ ] Yes   [X] No                  If the examination is not being conducted immediately after repetitive           use over time:           [ ] The examination is medically consistent with the Veteran's               statements describing functional loss with repetitive use over               time.           [ ] The examination is medically inconsistent with the Veteran's               statements describing functional loss with repetitive use over               time.  Please explain.           [X] The examination is neither medically consistent or inconsistent               with the Veteran's statements describing functional loss with               repetitive use over time.                      Does pain, weakness, fatigability or incoordination significantly limit       functional ability with repeated use over a period of time?       [ ] Yes   [ ] No   [X] Unable to say w/o mere speculation           If unable to say w/o mere speculation, please explain:           HE HAS NOT USED HIS BACK REPEATEDLY.          
          d. Flare-ups           Is the exam being conducted during a flare-up? [ ] Yes   [X] No                  If the examination is not being conducted during a flare-up:           [ ] The examination is medically consistent with the Veteran's               statements describing functional loss during flare-ups.           [ ] The examination is medically inconsistent with the Veteran's               statements describing functional loss during flare-ups.  Please               explain.

                 [X] The examination is neither medically consistent or inconsistent               with the Veteran's statements describing functional loss during               flare-ups.                      Does pain, weakness, fatigability or incoordination significantly limit       functional ability with flare-ups?       [ ] Yes   [ ] No   [X] Unable to say w/o mere speculation           If unable to say w/o mere speculation, please explain:           HE WAS NOT HAVING A FLARE.          
          e. Guarding and muscle spasm           Does the Veteran have guarding or muscle spasm of the thoracolumbar spine       (back)? [ ] Yes   [X] No      
          f. Additional factors contributing to disability           In addition to those addressed above, are there additional contributing       factors of disability?  Please select all that apply and describe:         Less movement than normal due to ankylosis, adhesions, etc., Disturbance         of locomotion, Interference with sitting, Interference with standing,         Other (please describe)                    Please describe additional contributing factors of disability:           INTERFERENCE WITH LIFTING.       
              4. Muscle strength testing    -------------------------    a. Rate strength according to the following scale:           0/5 No muscle movement       1/5 Palpable or visible muscle contraction, but no joint movement       2/5 Active movement with gravity eliminated       3/5 Active movement against gravity       4/5 Active movement against some resistance       5/5 Normal strength           
         Hip flexion:         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5         Left:  [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5        
              Knee extension:         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5          
            Ankle plantar flexion:         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5

                      Ankle dorsiflexion:         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5          
            Great toe extension:         Right: [X] 5/5   [ ] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5         Left:  [ ] 5/5   [X] 4/5   [ ] 3/5   [ ] 2/5   [ ] 1/5   [ ] 0/5          
         b. Does the Veteran have muscle atrophy?       [ ] Yes   [X] No           5. Reflex exam    -------------    Rate deep tendon reflexes (DTRs) according to the following scale:           0  Absent       1+ Hypoactive       2+ Normal       3+ Hyperactive without clonus       4+ Hyperactive with clonus
             Knee:         Right: [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+         Left:  [ ] 0   [ ] 1+   [X] 2+   [ ] 3+   [ ] 4+         
             Ankle:         Right: [ ] 0   [X] 1+   [ ] 2+   [ ] 3+   [ ] 4+         Left:  [ ] 0   [X] 1+   [ ] 2+   [ ] 3+   [ ] 4+           
        6. Sensory exam    --------------    Provide results for sensation to light touch (dermatome) testing:        
         Upper anterior thigh (L2):         Right: [X] Normal   [ ] Decreased   [ ] Absent         Left:  [X] Normal   [ ] Decreased   [ ] Absent               
      Thigh/knee (L3/4):         Right: [X] Normal   [ ] Decreased   [ ] Absent         Left:  [X] Normal   [ ] Decreased   [ ] Absent            
          Lower leg/ankle (L4/L5/S1):         Right: [X] Normal   [ ] Decreased   [ ] Absent         Left:  [X] Normal   [ ] Decreased   [ ] Absent        
              Foot/toes (L5):         Right: [X] Normal   [ ] Decreased   [ ] Absent         Left:  [X] Normal   [ ] Decreased   [ ] Absent     
              7. Straight leg raising test    ---------------------------

          Provide straight leg raising test results:       Right: [ ] Negative   [X] Positive   [ ] Unable to perform       Left:  [ ] Negative   [X] Positive   [ ] Unable to perform
          8. Radiculopathy    ---------------    Does the Veteran have radicular pain or any other signs or symptoms due to    radiculopathy?    [X] Yes   [ ] No      
        a. Indicate symptoms' location and severity (check all that apply):           Constant pain (may be excruciating at times)    
           Right lower extremity: [X] None   [ ] Mild   [ ] Moderate   [ ] Severe         Left lower extremity:  [X] None   [ ] Mild   [ ] Moderate   [ ] Severe

             Intermittent pain (usually dull)         Right lower extremity: [ ] None   [ ] Mild   [X] Moderate   [ ] Severe         Left lower extremity:  [ ] None   [ ] Mild   [ ] Moderate   [X] Severe

             Paresthesias and/or dysesthesias         Right lower extremity: [ ] None   [ ] Mild   [X] Moderate   [ ] Severe         Left lower extremity:  [ ] None   [ ] Mild   [ ] Moderate   [X] Severe

             Numbness         Right lower extremity: [ ] None   [X] Mild   [ ] Moderate   [ ] Severe         Left lower extremity:  [ ] None   [X] Mild   [ ] Moderate   [ ] Severe

          b. Does the Veteran have any other signs or symptoms of radiculopathy?       [ ] Yes   [X] No           c. Indicate nerve roots involved: (check all that apply)         
        [X] Involvement of L4/L5/S1/S2/S3 nerve roots (sciatic nerve)                    If checked, indicate:  [ ] Right   [ ] Left   [X] Both               
        d. Indicate severity of radiculopathy and side affected:             Right: [ ] Not affected   [ ] Mild   [X] Moderate   [ ] Severe                  Left:  [ ] Not affected   [ ] Mild   [X] Moderate   [ ] Severe    
               9. Ankylosis    -----------    Is there ankylosis of the spine? [ ] Yes   [X] No
          10. Other neurologic abnormalities    ---------------------------------    Does the Veteran have any other neurologic abnormalities or findings related    to a thoracolumbar spine (back) condition (such as bowel or bladder    problems/pathologic reflexes)?

          [ ] Yes   [X] No
          11. Intervertebral disc syndrome (IVDS) and episodes requiring bed rest    ----------------------------------------------------------------------  
        a. Does the Veteran have IVDS of the thoracolumbar spine?       [X] Yes   [ ] No          
      b. If yes to question 11a above, has the Veteran had any episodes of acute       signs and symptoms due to IVDS that required bed rest prescribed by a       physician and treatment by a physician in the past 12 months?       [ ] Yes   [X] No      
          12. Assistive devices    --------------------    a. Does the Veteran use any assistive device(s) as a normal mode of       locomotion, although occasional locomotion by other methods may be       possible?       [X] Yes   [ ] No                  If yes, identify assistive device(s) used (check all that apply and           indicate frequency):                      Assistive Device:                Frequency of use:           -----------------                ----------------           [X] Brace(s)           [X] Occasional   [ ] Regular   [ ] Constant
          b. If the Veteran uses any assistive devices, specify the condition and       identify the assistive device used for each condition:          BACK BRACE FOR SUPPORT              13. Remaining effective function of the extremities    --------------------------------------------------    Due to a thoracolumbar spine (back) condition, is there functional impairment
          of an extremity such that no effective function remains other than that which    would be equally well served by an amputation with prosthesis? (Functions of    the upper extremity include grasping, manipulation, etc.; functions of the    lower extremity include balance and propulsion, etc.)           [X] No
          14. Other pertinent physical findings, complications, conditions, signs,        symptoms and scars    -----------------------------------------------------------------------    a. Does the Veteran have any other pertinent physical findings,       complications, conditions, signs or symptoms related to any conditions       listed in the Diagnosis Section above?       [ ] Yes   [X] No      

          b. Does the Veteran have any scars (surgical or otherwise) related to any       conditions or to the treatment of any conditions listed in the Diagnosis       Section above?       [ ] Yes   [X] No           c. Comments, if any:       No response provided           15. Diagnostic testing    ---------------------    a. Have imaging studies of the thoracolumbar spine been performed and are the       results available?       [X] Yes   [ ] No                  If yes, is arthritis documented?              [X] Yes   [ ] No                  b. Does the Veteran have a thoracic vertebral fracture with loss of 50       percent or more of height?       [ ] Yes   [X] No           c. Are there any other significant diagnostic test findings and/or results?       [X] Yes   [ ] No                  If yes, provide type of test or procedure, date and results (brief           summary):              For Official Use Only             
                    Click image to open viewer              Priority:                      MRI LUMBAR SPINE WO CONTRAST
                                    
                                  Proc Ord: MRI LUMBAR SPINE WWO CONTRAST
                                  Exm Date: NOV 07, 2015@11:21
                                  Req Phys:                       Pat Loc: DAL PACT              CL10-I2NURSE (Req'g L
                                                                           Img Loc: MRI
                                                                           Service: Unknown

                                 
                                  
                                 
                                  (Case 7346 COMPLETE) MRI LUMBAR SPINE WO CONTRAST     (MRI              Detailed) CPT:72148
                                       Reason for Study: low back pain chronic
                                 
                                      Clinical History:
                                        as above
                                 
                                  Report Status: Verified                   Date Reported: NOV              07, 2015
                                  Date Verified: NOV              07, 2015
                                      Verifier E-Sig:/ES/LENA A OMAR, M.D.
                                 
                                      Report:
                                        MRI Lumbar Spine without contrast dated 11/7/2015
                                        
                                  Clinical History: 38-year-old male with history of low back              pain
                                        chronic
                                        
                                        Comparison: Radiograph 8/28/2015
                                        
                                  Technique:  Sagittal and axial T1 and T2, as well as axial              PD
                                        sequences were obtained of the lumbar spine.
                                        
                                        Findings: 
                                        
                                  Vertebral body height, alignment, and marrow signal are              preserved
                                        throughout the lumbar spine. There is either focal fat or
                                        hemangioma in the L1 vertebral body. Vertebral bodies are
                                        unremarkable. The conus terminates at L1-L2. 
                                        
                                  There is no significant canal or neural foraminal stenosis.              No

                                  areas of abnormal signal within the cord are seen. There is              a
                                  tiny central disc protrusion at L5-S1 without any              significant
                                  narrowing of the thecal sac or neural foramen. Small amount              of
                                        fluid is present in the facet joints in the lumbar spine. 
                                        
                                        Visualized paraspinal soft tissues are unremarkable. 
                                        
                                       
                                 
                                      Impression:
                                  1. Essentially unremarkable MRI of the lumbar spine except              for a
                                  tiny central disc protrusion at L5-S1 without any              significant
                                        narrowing of the thecal sac or neural foramen. 
                                 
                                      Primary Diagnostic Code: ABNORMAL
                                 

                                  /LAO
                                 
                                    
                                                    16. Functional impact    --------------------    Does the Veteran's thoracolumbar spine (back) condition impact on his or her    ability to work?       [X] Yes   [ ] No                  If yes describe the impact of each of the Veteran's thoracolumbar           spine (back) conditions providing one or more examples:             
      THE VETERAN WORKS AS AN ACCOUNTANT. HE SITS FOR LONG PERIODS AT              WORK WHICH ELEVATES HIS BACK PAIN AND DECREASES HIS CONCENTRATION              AND WORK CAPACITY.              HE WOULD NOT BE ABLE TO WORK A PHYSICALLY DEMANDING JOB REQUIRING              PROLONGED WALKING, STANDING OR REPEATED HEAVY LIFTING.  HE ALSO              WOULD REQUIRE THE ABILITY TO MOVE FROM SITTING TO STANDING POSTIONS              WITH A SEDENTARY JOB SUCH AS THE ONE HIS IS CURRENTLY WORKING.             
           17. Remarks, if any:    -------------------    1.      Is there evidence of pain on passive range of motion testing?     (Yes/No/Cannot be performed or is not medically appropriate)
          YES
          2.      Is there evidence of pain when the joint is used in non-weight     bearing? (Yes/No/Cannot be performed or is not medically appropriate)
          YES
          3.      If yes, is the opposing joint undamaged (i.e. no abnormalities)?     NA

          If yes, conduct range of motion testing for the opposing joint and provide     ROM measurements.
          PASSIVE AND ACTIVE RANGE OF MOTION ARE THE SAME.    *****************************************************************************    **********
          THE VETERAN HAS A SERVICE CONNECTION FOR THORACOLUMBAR SPINE SEGMENTAL    DYSFUNCTION. THIS IS A CHRIOPRACTIC DIAGNOSIS \:  "segmental dysfunction, a    motion theory concept that states that two articulating joint surfaces cannot    interact optimally if they are misaligned. Basis of vertebral subluxation and    theory of illness.
          SYNONUMS FOR SEGMENTAL DYSFUNCTION OF THE LUMBAR SPINE ARE:  LOW BACK PAIN,    LUMBAGO, LUMBALGIA.
          GIVEN THE SERVICE CONNECTED DIAGNOSIS IS BROAD BASED AND GENERAL BY    DEFINITION, THE VETERANS CONFIRMED DIAGNOSIS OF LUBMAR DDD WITH COMPLICATIONS    OF BILATERAL LEG RADICULOPATHY WOULD BE INCLUDING AND THEREFORE ALSO SERVICE    CONNECTED.
          OF NOTE THE VETERAN COMPLAINED OF BACK PAIN, PAIN IN ARMS, LEGA NAD JOINTS    DURING HIS DEPLOYMENT IN 2017 TO 2018 WHICH MORE THAN LIKELY WAS DUE TO HIS    LUMBAR DDD WITH RADICULOPATHY.   
       
       
  • Ads

  • Our picks

    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines