Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    140%
    $2,108.00 of $1,500.00 Donate Now
  • 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
     
  • 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

Question

Afternoon folks, hope all is well.

 

I posted this question/concern a few weeks ago, but it seems to have fizzled out, got lost in cyberspace...something?

 

Back on 12/23/2020 I had requested an increase for degenerative disc disease, lumbar spine(previously rated as chronic low back syndrome under DC 5237) currently at 20%, effective date 01/30/2008.

 

Went to my C&P exam, doctor did the usual bend and reach, range of motion(ouch)..on my lower back, and because of the pain, he stopped in the middle of the exam because I was in pain, stepped over to his computer and pulled up my medical records, turned to me and said "Mr.__, I see you have Issues with your entire spine, especially with your lower lumbar.., and I see no need to put you through anymore of these movement and motion tests..."

I grabbed my cane. the doctor helped me stand up, and I left the office.

Last week, I got my decision: Evaluation of degenerative arthritis of the spine with intervertebral disc syndrome, which is currently 20 percent disabling, is continued.

UM OK, but I never had a rated disability for the above, nor did I ask for one, I asked for an increase, as stated in my first paragraph dated 12/23/2020!

 

Now, under my newest rated disabilities, they inserted the new decision stated above, and totally omitted my Rated Disability from 01/30/2008!

It just vanished, gone.., never had it!

 

So, is this a Clear and Unmistakable Error-CUE, or reason for a Higher Review(Formerly NOD)?

As a footnote, I'm TDIU P&T.

 

Thanks,

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

 

 

Link to post
Share on other sites
  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

Ok, sorry I missed question earlier.       It sounds like you are relying upon the unreliable ebenefits for information.  Thats not a good idea.   But, lets go back.  You are 100 percent P a

You posted: 2 Things: 1.  Did you check the c and p exam, and your medical records to see if you were diagnosed by a doctor, for the condition claimed? DDD (Degenerative disk disease)

I know less than nothing about CUE's, so someone else will have to opine on that. The bottom line is that they changed the name of your already service connected condition previously rated at 20%

Recommended Posts

  • 0
  • Moderator

Ok, sorry I missed question earlier.  

    It sounds like you are relying upon the unreliable ebenefits for information.  Thats not a good idea.  

But, lets go back.  You are 100 percent P and T.  Ok, so you put in for an increase, but your rating stayed the same.  

     My advice is to focus on stuff that will increase your check OR, provide for your family such as DIC in the event of your death.  

To increase 100 percent, you will need some type of SMC S.  

Lets assume you are "not" bedridden, and  do "not" need aid and attendance.  While this may not be true, if you are bedridden and need a and a, then you should apply for those.  

Moving on.  SMC is for "loss of use" also.  Do you have "loss of use" of arms, legs, or other body parts?  If you do, apply for SMC for those.  

Now, there is a "statuatory" SMC S "IF" you have a "single" 100 percent rating plus additional combined 60 percent seperate and distinct from each other.  

    For example, if you are single 100 percent plus an additioanal 40 percent combined, then you may want to appeal to try to get that bumped up to 60 percent.  

     I only recommend appealing stuff that "actually matters" to your check, or, at least matters to your family if you pass.  The other stuff is noise. 

  • Like 1
Link to post
Share on other sites
  • 0

@broncovet

 

Getting 100% scheduler and  SMC's are my ultimate goals, and I know how to get there, but I think you misunderstood me. As I stated in my first post:

 

1. I was given a DENIAL decision for a Rated Disability I didn't have. See the Degenerative Arthritis Of The Spine ..I wrote about in my last post? That's not even a listed Rated Disability I had!

2. My C&P exam was for Degenerative Disc Disease, Lumbar Spine...which I asked for.

Sum it up:

 

I did not get the a decision for the condition I asked for, a decision which my C&P exam was for.

 

So, is this a CUE or Higher Review case?

 

 

Link to post
Share on other sites
  • 0
  • Moderator

You posted:

Quote

I did not get the a decision for the condition I asked for, a decision which my C&P exam was for.

2 Things:

1.  Did you check the c and p exam, and your medical records to see if you were diagnosed by a doctor, for the condition claimed?

DDD (Degenerative disk disease) and Degenerative Arthritis of the spine sound like the same thing, in different words, to me.  You did use the term "Lumbar" which is a specific portion of the spine.   My doctor once told me I had "degeneration" of my knee.  I think he later on in the conversation used the term arthritis.  It might be like saying "wireless phone" or "cell phone".  Pretty much the same thing.  

According to this site, there are some differences between DDD and Degenerative arthiritis:  https://saratogaspine.com/are-degenerative-disc-disease-and-arthritis-the-same/#:~:text=DDD can cause spinal osteoarthritis,pinched nerve in the neck.

     Clemons vs Shinseki showed that Veterans dont have to understand the difference between "Degenerative arthiritis of the spine" and "degenerative Disk disease" to get benefits for same.  A doctor makes the diagnosis.  All claims must have a current diagnosis, in service event and nexus.  What are you diagnosed for?  

2.  However, lets assume I have no idea what IM talking about (likely) and that DDD and degenerative arthritis of the spine are totally different, and that you are owed a decision on the condition claimed.  You can neither appeal, nor file Cue on a decision that has not happened, to appeal, you have to have a decision, and not appeal claims that are not yet completed.   Therefore, your claim would be "pending".  If its pending, then send an IRIS email (and keep a record) inquiriing the status of your status of your claim "Degenerative Disk disease".  

     Its not unusual for VA to delay claims and not adjuticate them, sometimes for decades.  Personally it took me until 2009 to persuade VA to adjuticate a claim from 2002, and, you guessed it, they denied it.  But, with a written decision, I can/did appeal it and eventually won.  

     Hope this helps

     

  • Like 1
Link to post
Share on other sites
  • 0

bronco, I think you're still missing my point.

 

Let me put this as simple and plain as possible:

 

I already had and have degenerative disc disease LUMBAR spine dated back to 2008.

I asked for an INCREASE for that degenerative disc disease LUMBAR dated back to 2008.

I DO NOT nor have I EVER been diagnosed with degenerative arthritis of the spine with intervertebral disc syndrome. That is what they came up with on the decision letter which WAS NOT what I asked for an increase  for. IT JUST POPPED OUT OF NOWHERE.

The decision letter stated that the degenerative arthritis of the spine...(remember, I never had this) which is currently 20% disabling, is continued.

 

See where I'm coming from?

 

The VA denied my claim for something I never had nor asked for an increase for!

 

 

 

 

 

 

 

 

 

 

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.

  • Ads

  • Ads

  • Ads

  • Our picks

    • 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 
      • 10 replies
    • 5,10, 20 Rule
      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
        • Like
      • 53 replies
    • Post in New BVA Grants
      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.  
    • 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!
        • Like
      • 13 replies
    • 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,
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines