Undiagnosed Illness

[Sgt. Wilky]

Good evening,

My VSO believes I should apply for IU. I had to quit my job a year ago due to the pain and the inability to remain seated, to remain standing of any consistent length of time. Anyway, I was granted in 2015 for "Undiagnosed Illness" in the upper and lower back, legs, and knees at 10% each (along with other ratings) for a combined rating of 80%; effective to 2008. My VSO is concerned however, that my diagnoses of arthritis in the spine, along with Rheumatoid Arthritis could upset these grants, due to the fact that there is now a diagnoses. I was diagnosed in 2017(?) with these conditions. She is concerned the VA will drop my ratings to 0% (the ten  year rule would prevent severing the SC, but not from the VA dropping the ratings to 0%--lovely). Has anyone ran into this? Since these issues began in service, would not the VA "transfer" (I know, not the right wording here) the undiagnosed illness rating to maybe the RA and osteoarthritis? I fought for my ratings for 8 years, and now that I'm no longer able to work, I'm suddenly in jeopardy of losing my entire ratings? This makes no sense. 

I'm thinking maybe I drop the IU claim altogether.

Thanks,

Sgt. Wilky

[Sgt. Wilky]

I have been receiving help through this forum and the research that is available here. I understand people want to help too, and some of them have reached out to me. My VSO has been very helpful, along with members of this site and I am very grateful for all the help I have received. I'll keep everyone updated as we go along and pass on any help that I receive.

Semper Fi,

Sgt. Wilky

[Sgt. Wilky]

On 4/5/2021 at 7:21 AM, brokensoldier244th said:

Ask your VSO- they can look at your code sheet and tell you what conditions are up for an eventual 'request for exam' or static. 

My code sheet came back and said that all disabilities are considered static...I'm assuming, that from a compensation point of view, this is acceptable?

 

[brokensoldier244th]

14 minutes ago, Sgt. Wilky said:

My code sheet came back and said that all disabilities are considered static...I'm assuming, that from a compensation point of view, this is acceptable?

 

That means that they haven't really markedly changed in the last 5 yrs, so, yeah, actually, unless they are getting worse. My P&T status didnt happen until a few years after my back and radiculopathy were determined to be static. I had applied for an increase for my MH issues, and when it was all said and done they ended up making me P&T. I had had MH issues to one degree or another, secondary to my chronic pain and back/nerves for at least 5 yrs, though. Still- in a  nutshell, static is good. 

[Sgt. Wilky]

27 minutes ago, brokensoldier244th said:

That means that they haven't really markedly changed in the last 5 yrs, so, yeah, actually, unless they are getting worse. My P&T status didnt happen until a few years after my back and radiculopathy were determined to be static. I had applied for an increase for my MH issues, and when it was all said and done they ended up making me P&T. I had had MH issues to one degree or another, secondary to my chronic pain and back/nerves for at least 5 yrs, though. Still- in a  nutshell, static is good. 

Some of these conditions are getting worse and I'm working with my VSO for increases. None of the increases would change my ratings, but the older I get the worse they're getting, especially the osteo conditions.

[Carl the Engineer]

All of my arthritic disabilities are static.  From what I see and read, static means there is no foreseeable improvement going to happen.  However, you still can ask for more if the issue becomes worse, such as ROM (range of motion).

My concern, which I am going to be going through here shortly, is that ones ROM has decreased, but the next examiner measures differently then the previous one did.  The measurement for lower back ROM is somewhat subjective, etc.

But, nothing ventured, is nothing gained,

Hamslice

 

 

[Buck52]

Ham my opinion is that the raters should use the highest rating possible  if two Dr have different medical opinions  for rating purposes they are suppose to use the highest rating of the two...but they don't always do that    I think I read some where in the Regs that the Dr (examiner)THAT SAYS YOUR CONDITION IS WORSE   THAN ANOTHER DR  (examiner) they go with the Dr that said it was worse.