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Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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By arizonaboxer
I'm currently serving on active duty and have been receiving injections for l4, l5 disc bulge. Today was my tenth injection and I dread every trip to that office. These injections have provided limited relief over a 3 year period. Today the doctor suggested a surgical referral. My question is, does the VA place a specific rating towards the surgery type performed? For instance is x% rating provided to a "disc fusion" if the surgery is a success and no pain remains upon separation/retirement? Can you file a claim and a receive a percentage disability because of the surgery alone? Or is a claim/rating only possible if the surgery isn't a success and pain remains upon separation/retirement?
Hopefully this isn't a silly question.
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By Navy4life
Well good afternoon my fellow Vet's!!!
I am really deflated right now....It's going on 3 months since I had my DRO review hearing with no end in sight. I was told that it could be weeks to months to up to a year for the decision. What erk's me is the fact that I had my hearing why can't the DRO take the time to review and come to a ruling? It's so frustrating! I am going on 3 years since my initial claim and almost 2 years since I filed my NOD. I understand there are others in the same boat or worse boat and I do sympathize with all my fellow Vet's!
Now on top of this, most of you know my story.....I broke my right foot in two places on Christmas Eve. I had surgery on January 6th, 2016 and I filed an FDC January 12th, 2016. I filed that my left ankle was the cause of my right foot injury. I was granted 100% temporary convalescence for 4 months due to my left ankle giving out on me and causing my right foot injury. Now if you all remember, I have my NOD since 2014 trying to get my right foot/ankle and left toe S/C which was denied in 2014. My medical records back up my s/c as well as my doctor's letters (IMO) that state my injuries are directly related to my active duty. But here I sit awaiting the NOD decision.
Well yesterday I took a bad tumble and fell down the stairs causing sever bruising and swelling to my left ankle and left leg. I am sitting here at the West Palm VA as we speak awaiting to see my Podiatrist for the results of the X-rays BUT while I had my visit with him today, he had another doctor come in and look at my X-rays for my right foot and both of the doctor's state I need revision surgery to my right foot because the bone graft is not "uniting" the bone together. The Podiatrist I had do my surgery in January put pins/screws/plate in the one fracture but only bone graft in the other. Since then the bone is separating and the doctor feels the surgery is necessary and will require me to be out about 2-3 months once again! It's my right foot so I can't drive and it's frustrating! On top of this, my left foot/2nd metatarsal toe has two screws in it that are "coming up to the skin" and they feel that at the same time they do the right foot surgery they need to look into that!
I literally just got back on my feet and was feeling okay! My feet/ankles SUCK! I feel so depressed!
I just want to cry!
I will update you with my X-ray findings but I needed to VENT!!!
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
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.
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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)-
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel. -
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,Picked By
Joey Ross, -
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retiredat44 71
who else had c&p doctor say a surgery was procedure not surgery. The c&p doctor argued and said that a Procedure is Not Surgery.
Surgery for Pancreatic Cysts | Memorial Sloan Kettering ...
Named after a surgeon who worked at MSK in the 1940s, the Whipple Procedure (also known as pancreatoduodenectomy) is used to remove cysts in the head of the pancreas. In this approach, surgeons remove not only the head of the pancreas but also part of the small intestine, the lower half of the bile duct, the surrounding lymph nodes, the gallbladder, and sometimes part of the stomach.
a link, many links say:
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This c&p was about my pancreas surgery that ended up being a 6 month month hospital stay ending with necrotizing pancreatitis and liver disease. They went with endoscope and cut the wrong thing. It took over a decade and the BVA and 1151 claim to fight these crooks. He insisted there was no surgery for his report. I call it another page of dirty tricks used by VA C&P ! IMHO
I know this has been hashed over and while already adjudicated, well not quite done yet (still might have to file appeal, but my VA rep still tells me I have to wait until they get done denying me. I have until December 2020 to file a disagreement of their lowball 1151 percentage), but I have to live with it and constantly suffering thinking about all the B.S. the VA put me through for 20 years of the denied claims !
Yes
Surgery & Endoscopic Procedures for Pancreatitis …
Surgical Oncology Program - Pancreatic Cysts
What Is the Treatment for a Pancreatic Cyst?
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Berta
You had one of the best 1151 claims I have seen here in over 20 year. Vync is correct- it does not matter what they call it and you apparently did win the 1151 but need to appeal the rating. You
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