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Okay, I am hoping someone can help, and that this all makes sense. I recently submitted a claim for left shoulder secondary to right shoulder (residuals). My right shoulder was at 0%. I did a C&P exam (they scheduled it for an outside facility and I am currently trying to get the notes from that exam)-the exam was for both shoulders, and they upped my right shoulder to 20%, deferred my left shoulder, and are requesting another C&P exam. So, my question is this: I received the decision letter and it states that for evidence, (they list numerous things), but one part says, "VAMC treatment records to from October 2006 through September 12,2020. " I know that I have complained of shoulder pains throughout the years, but, when I look on my HealthyeVet reports, it only shows imaging for the left shoulder from 2015, but, again numerous complaints of (both) shoulder pain throughout the years.
A)submit a CUE claim for the right shoulder (as this has been percentaged for disability) since they used medical records stated on my "evidence" (and so one must assume they used that in determining their decision).
B) if they will not accept a CUE claim for the right shoulder, since there is imaging for the left shoulder from 2015, can I submit a CUE claim for left if it is secondary to the right (right disability they back dated to Sept. 2019, when they received my claim)?...
Here is a copy of the decision letter for the right shoulder....
• VA Form 21-0966, Intent To File A Claim For Compensation and/or Pcnsion, or Survivors Pension and/or DIC, received September 30, 2019
» VA Form 21-4138, Statemcnt in Support of Claim, received December 5, 2019
» VAMC (Veterans Affairs Medical Center) Bay Pines, Miscellaneous Disability Benefits Questionnaire (DBQ) - Medical Opinions, dated August 26, 2020 and July 23, 202()
• QTC Disability Benefits Questionnaire, SHOULDER AND ARM CONDITIONS, dated September 12, 2020
• VA Form 21-526 EZ: Application for Disability Compensation and Related Compensation Benefits, received December 5, 2019
• VAMC (Veterans Affairs Medical Center) Bay Pines treatment records to include C.W. BILL YOUNG DEPT OF VAMC, from October 25, 2006 through September 12, 2020
• VA Form 27-0820 Report of General Information dated August 25, 2020,
• Private Treatmcnt Records- C.W. BILL YOUNG DEPT OF VAMC, datcd June 29, 2018, rcceivcd December 5, 2019
• Written correspondence received from you, dated and received March 20, 2020
• Section (§) 5103 Notice Response, received March 20, 2020
REASONS FOR DECISION
The evaluation of right shoulder bicipital tendonitis (previously rated as residuals, right shoulder musculoskeletal strain) is increased to 20 pcrcent disabling effectivc September 30, 2019. (38
CFR 4.1, 38 CFR 3.400)
The effective date of this grant is September 30, 2019. The increased evaluation has been established from the day VA rcccived your intent to file (ITF) a claim for compensation. (38 CFR 3.155, 38 CFR 3.400)
We have assigned a 20 percent evaluation for your residuals, right shoulder musculoskeletal strain based on:
• Painful motion of the shoulder. (38 CFR §4.59 allows consideration of functional loss due to painful motion to be rated to at least the minimum compensable rating for a particular joint. Since you demonstrate painful motion of the arm at the shoulder, the minimum compcnsablc evaluation of 20 percent is assigned)
Additional symptom(s) include:
• None of the clavicle or scapula
The provisions of 38 CFR §4.40 and §4.45 concerning functional loss due to pain, fatigue, weakness, or lack of endurance, incoordination, and flare-ups, as cited in DeLuca v. Brown and Mitchell v. Shinseki, have been considered and applied under 38 CFR §4.59.
A higher evaluation of 30 percent is not warranted for limitation of motion of the arm unless the
I just received an increase to 50% for my migraine headaches (Thank you Dr. Valette) in June 2020 and TDIU in July, effective date for both is March 11, 2014.
My questions are:
1. Am I correct that the VA subtracts the amount I was rated at in 2014 from the total amount of my migraine/TDIU retroactive pay?
2. What do I do, if no matter how I calculate my retro (calculated using past VA Compensation charts and a few online back pay calculators) the VA past-due is amount is wrong?
Its been 5 years since I filed my appeal. I am still at 10% sc and I am asking for a rate increase and or TDIU. Since my initial decision my back issues have gotten so much worse. Constant pain in low back with muscle spasms. and now I have neck issuses causing my Right arm to go numb during sleep and throughout day.
Opinions on my outcome
Anyone have similar problems or can relate to my story. I'm on SSD for 5 yrs as well. One month after I was granted VA comp at 10% I was awarded SS disability unable to work.
Hi, and thanks so much for answering in advance. Asking for a good friend and her husband. The question is according to tax law Disability Pensions, military and government disability pensions, retroactive VA determination. What is a VA determination letter granting retroactive benefits? What does that letter look like? We were asked by the IRS to provide a copy of this letter ,after we admended our taxes, that we don't remember seeing, Also, WE THINK THAT SINCE WE ARE DISABLED OUR RETIREMENT SHOULD NOT BE TAXED. we are both 100% as well. Please help... Receiving both Pension and VA disability..thanks
broncovet posted an answer to a question,
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.
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!
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 ByJoey Ross,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.
Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.
You all made that possible. Thank you.