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Combined on original decision, separated on SOC, now a new claim needed?

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Rivet62

Question

I had an original rating of 10% for DDD of my entire spine. Now on my SOC they have combined the DDD lumber and DDD thoracic as 10%, and now I just received a letter from the RO that they are asking me to file a brand new claim for cervical. It seems they want to question SC for cervical. Well the lumbar is most definitely SC, and the thoracic they SC'd because the back is the back (I carried too much weight in the service).

Why are they asking me to file a new claim for cervical? Is it to deny me SC for cervical? 

BTW, before the SOC I was at 84% actual, and now by magic I'm 82% actual. 

Edited by Rivet62
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7 hours ago, Hamslice said:

Who does check you blood pressure three time in a row.  Not likely.  Most every one checks it, and then again if high.  If the doctor checks it to verify he dose not write it in the record.  Twice not three times.  The VA makes some thing almost impossible to get rated.  Anyway, enough ranting.

I think I have the same problem in asking and getting measured range of motion tests. I have never asked a VA doctor for measured range of motion tests but I will in the next appointment, because I can't get it done without her referral.

I wonder if there is a blood pressure monitor that communicates via cell phone towers?  My sleep apnea machine had a modem built into it to routinely send event logs to the sleep department at my VAMC.  Short of something like that, could you have your primary care doctor authorize a blood pressure monitor to wear in a 24 hour period to record your blood pressure?

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12 hours ago, Rivet62 said:

I think I have the same problem in asking and getting measured range of motion tests. I have never asked a VA doctor for measured range of motion tests but I will in the next appointment, because I can't get it done without her referral.

I wonder if there is a blood pressure monitor that communicates via cell phone towers?  My sleep apnea machine had a modem built into it to routinely send event logs to the sleep department at my VAMC.  Short of something like that, could you have your primary care doctor authorize a blood pressure monitor to wear in a 24 hour period to record your blood pressure?

I don't believe thay have an over night BP monitor, yet. 

However, I did have the 45 hour "Holter" monitor, which showed the mini-beats (irregular heartbeats), which I got secondaried at 30%.

Hope this helps,

Hamslice

 

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8 minutes ago, Hamslice said:

However, I did have the 45 hour "Holter" monitor, which showed the mini-beats (irregular heartbeats), which I got secondaried at 30%.

That's the one I was talking about. I wore that years ago. It simply recorded. It didn't live stream the readings in real time. 

Maybe your primary care doctor would know about the monitors. Whatever it takes to get your readings done. 

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32 minutes ago, Hamslice said:

I don't believe thay have an over night BP monitor, yet. 

However, I did have the 45 hour "Holter" monitor, which showed the mini-beats (irregular heartbeats), which I got secondaried at 30%.

Hope this helps,

Hamslice

 

I kind of wish that CPAPs would have that function, its just algorhythim  and monitors right?  Have a pulse o2, BPM, ECG combo type of monitor?  Does that exist?  It would be nice.  I had experience with trying to monitor those reading with apple watches, Fitbits, Resmed, Philips CPAPS, and such, maybe even one that would incorporate holter monitor or is that too much overkill.  The data stream on all that would be great though.   What do you think?   

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I don't like the sound of that process.  The process would have serious ramifications on the effective date of an award would it not?  We are not supposed to know the regulations surrounding a claim.  Example you hurt you back in service, doesn't bother you while active duty, you suck it up, 5 to 10 years down the road MRI and radiographic studies, nerve conductions tests.   How is a claimant supposed to know that they need to claim the neck , the thoracic &  the lumbar sections, the  nerve ratings for Radiculopathy and muscle issues like muscle spams and the such. Granted this would fall on your symptoms and complaints, and what the medical records show what was injured, however, would this not fall under the Duty to Assist in some fashion. You know helping the claimant to develop the claim.  The VA is supposed to know the regulations and the laws surrounding a claim,  under this pattern of logic if you don't mention it they don't have to service connect it because a claimant does not know any better.  Or they service connect it when a claimant later files for those issues independently thus changing the amount of benefits a claimant would be entitled to along with the correct ratings for each affected compensable body part with the correct effective date.?  Say again?   Repeat last transmission?  

Rivet I'm not trying to overshadow and drown out your question, but something smells awful about that scenario and hits pretty close to home with me because of the similarities in how my back claim was handled, when my effective dates came into play, especially if the evidence in my Soldiers Medical Records indicated that there was more to an injury than what the claimant was aware he or she could claim.  Yikes. 

Serious question, am I going off the deep end here?  Or is there some logic to my gibberish? Analyzing this I dare say that I'm not wrong.  Am I?  I am clear as mud?

In your situation if they service connect that is the biggest step, service connection.  You could and understandably should   fight the effective date because it was in your service records.  Again a lot of if's 

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