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I'm looking at a copy of my last c&p exams for arthritis. I was denied for no diagnosis, which is an issue I am appealing because I have more than one. However, the examiner checked the block "Pain noted on exam but does not result in / cause functional loss" for many of my joints with varying Ranges of motions( such as flexion or exetension). Would this qualify as the objective evidence of pain for the painful motion rule?
Does anyone know how the VA rates keratoconus currently? The diagnostic code is 6035. I am new to all this and have been unsuccessful in finding the specifics using the VASDR. I have been diagnosed with bilateral keratoeonus and would like to better inform myself on how it is rated. I am awaiting a decision back from the VA but my case and evidence is overwhelming. To date, I have found only one article dating back to 2008 that appeared to show the minimum rating use to be 30% but I am unable to gauge the accuracy. Any assistance is helpful.
I hope this finds you all well. So, quick background..
I was ADMIN Separated from the military, all while going through a MEDBOARD. I was send to a Medboard for PTSD, Depression, Anxiety, Inguinal nerve damage.. years of medical history showing these injuries. My lawyer during this process stated that the Military found me fit because I was going through a ADMIN separation. All my doctors wrote letters to the board stating that all diagnosis were current. The Board came back to state that they did not believe my doctors and stated that my actions were for secondary gains. It was obvious, as per my lawyers, that the board was not fond of the fact that I was being Administratively (after 17 years. Because of my traumas, I acted out and go into trouble. My discharge was a General (Under Honorable)) and I was found fit.
Fast forward a few months, here I am at the C&P...
I went to the C&P and the provider was kind and respectful. She asked me questions about my past, she even started some small talk about how we had the same ethnic background..
She then began to ask me how the PTSD hinders my life. She went on to say " So, from what I see.. I don't think you can work?"... I replied, I am currently sleeping in my car.. I have nowhere to live. ( this is all true)..
She then stated that she was having a hard time finding the exact moment when I suffered the personal assault..., but went on to say that she understands that most men don't report that...
I told her that she was absolutely right.. She then stated "I see that you have been going to medical for depression for years, around that time of your assault.. I can almost hear "assault" through all the depression encounters, even though you didn't say it.. is that correct?"...
I began to cry because that was exactly the case. She then said, I understand and I am sorry.. I went on to say, I never had a provide pick up on it.. I was always so embarrassed to tell anyone about the assault, but I kept going in hopes someone would see it and help me..
We spoke about my father.. 2) How my life was prior to the military 3) how I felt during the service 4) what I did on my off time ( I sleep in my car and at times, at a friend's couch, when I am really frightened.. in a closet.
She ended the meeting with " Do you have any questions".. I replied yes... I wanted to know how bad my depression is from a professional stand point since I don't have a provider anymore.. She stated, " I don't diagnose and I can't tell you how bad your symptoms are... but what I will tell you, and probably shouldn't... I think you case is severe..
She walked me to the lobby, said something to me in our native tongue.. and then said, " we will see you in 5 years...
- I remembered that I had forgotten to tell her about my memory problems (Ironic)... so I called and left her that exact message with my number... 15 minutes later, she called me laughing at my message, thanking me for calling since she had forgotten to ask me that.
I left very paranoid because I never seen a doctor like that..
I walked out feeling cared for, but then my paranoia set in.. I began question the whole encounter.. I began to ruminate on the fact that during my Medboard a doctor stated "Secondary gains," basically stating that I was trying to medically retire before getting separated ( I was already in the Medboard process before getting in trouble).. Will they hold that against me?
All these things came to mind and then I found this group.. I am paranoid, anxious, struggling because I feel like I was being played with.. I have 3 doctors that have evaluated me and stated that I have these conditions.. I just don't know what to think..
Has anyone else had an experience like this?
These begin Dec. 1, and the first day we should get the new compensation rates is Jan. 1, 2021. (VA comp is paid in arrears, so it starts Dec. 1 and you get the new pay rates on Jan. 1)
I know there are NUMEROUS questions asked about the VA disability ratings, and even a disability calculator, but, my question is: my total combined disabilities are rated at 85%, so, it was rounded to 90%. I submitted a new claim for GERD, which I am expecting them to bring it from 10% up to 30%. For the disability calculation, will they work from the 90% and then factor in new claims or percentages or do they re-enter all my disabilities and so my rating could still remain at 90%?
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
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.
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)
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.
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,