Claim Help

[Guest Jim S.]

At one time I found a case, I believe for increase, where it was argued that because he was perscribed the maximum dosage of a medicine, clasified as a steroid, that based on this he was intitled to the highest rate possible for disability. The Case involved a breathing problem. something like bronchitis, chronic sinisitis, ashma, something of this sort.

It may have involved CUE, but I can not be certain. I believe it was a COVA decision and was affirmed for an increase or remand.

It would cirtainly help my claim to have this information

Jim S. :(

[Guest Berta]

http://webisys.vetapp.gov/isysquery/irl4a4e/8/doc

Jim- dont know if it is this one- the veteran claimed higher rating (had 60%) for pulmonary problems treated with steroids. The case says he did not receive maximum dosages for lenghty period of time-

"Here, the Board rated Mr. Cleave's service-connected sarcoidosis under 38 C.F.R. 4.96, DC 6846 (1998). DC 6846 provides for a 30% rating when there is pulmonary involvement with persistent symptoms requiring chronic low-dose (maintenance) or intermittent corticosteroids. R. at 11 . A 60% rating is warranted when there is pulmonary involvement with persistent symptoms requiring high-dose (therapeutic) cortcosteroids for control. Id. After considering the DCs for sarcoidosis (38 C.F.R. 4.97, DC 6846 (1998)) and bronchitis (38 C.F.R. 4.97, DC 6600 (1998)) and reviewing the evidence, including the January 1998 medical report, the Board specifically found:

[W]hile the veteran may complain of moderate dyspena on exertion, pulmonary fibrosis or other infiltrates of the lungs have not been shown on x-ray films. Moreover, the latest pulmonary function tests only classify the veteran's lung restriction as mildly disabling.

Additionally, although the medical records do show that the veteran has undergone steroid treatment, there is no indication that

these treatments have been high[-]dose treatments for extended periods of time."

[Guest Jim S.]

Sorry Berta, I cannot access this page for some reason. Thanks anyway.

Jim S.

[Dorothy Kansas]

My friend won a BVA decision back in Dec 2003 for increase asthma rating. She argued that she was receiving the maximum dose of inhaled steroid and presented supporting evidence. She received 100 P&T

[Guest Jim S.]

Dorothy K: Could you possibly find out the BVA case number from your friend, or any rules or regulation numbers they used to support their claim?

Any further help would be apppreciated.

Jim S. B)

Edited October 17, 2005 by Jim S.

[Dorothy Kansas]

Jim here it is http://www.va.gov/vetapp03/files/0335712.txt

[Guest Jim S.]

Dorothy K.: Thank you very much, this is exactly the one I had seen before. It shows just about every criteria in it, that I have except for the number of asthma attacks. The lung Dr's can[t seem to make up their mind as to the type of disease process I have in my lungs.

It is a diffuse lung disease, through out both lungs which has both constrictive and restrictive aspects, with the possiblility that it may be a stage I or near stage II sarcoidosis of the lung or emphysema

I have had a congested obstruction of the nasal passages with moderate dual deviated septums as a result of a servie connected nasal bone fracture, which precipitated an above normal mouth breathing and the intake of allergins and irritants to my lungs and the development of hyperactive airwy disease. PND and chronic sinusitis, with vasomotor rhetinitis and nasal and alergic rhetinitis, further developtment of nocturnal hypoxia and minor to noderate sleep apnea.

This all is being treated with 2 ltrs of oxygen and nasal corticosteroids Flunisolide at two puff/sprays per nostril twice a day, which is the maximum allowed for this medication.

Now if I can get the IMO Dr to review this case as an example and then to review my records and with his examination, following the C&P guide. Then things may look good for my claim.

Thanks again, If I could afford to send some flowers and candy I would. It would have taken me forever and a day to find it on my own.

Jim S. B)