Chronic Pain

[30percentermovingup]

Hello, my question is does VA have a specific disability for pain? I just finished a VA disability for ankles, knees and hips. I got it but there was no mention of pain or a disability rating for it. I know people who get disability for pain but apparently that is not a clear and easy way to apply for it from what I am seeing on search.

Can anyone guide me on this?

Thank you.

[john999]

If it has to go to the Court of Vet Appeals you need a lawyer, believe me!  I have been there and it is a tough.  VA comes out swinging with all their tricks.  There are vets who can do it but I only know one.

[jamescripps2]

I know one, but he hasn't won.

 

[Whodat]

Look brother. People in the family are right.

You can fight this battle and win. Hadit family is trying to motivate you to stay in the fight. Do not know your recent claim. But if you are in that window, fight that claim.

In the meantime go through your records, keep going to the doc. Do your ITF. 

If you keep researching on Hadit, our elders had put out some great info as to where you do not need a lawyer.

[30percentermovingup]

1 hour ago, Whodat said:

Look brother. People in the family are right.

You can fight this battle and win. Hadit family is trying to motivate you to stay in the fight. Do not know your recent claim. But if you are in that window, fight that claim.

In the meantime go through your records, keep going to the doc. Do your ITF. 

If you keep researching on Hadit, our elders had put out some great info as to where you do not need a lawyer.

I've won every claim submitted. Why would I give up? I am 10 percent away. I am also very lucky, why do I think I won every one without having to appeal? I am a retired nurse with about 6 medical libraries so it is easy to research peer reviewed studies to answer my question. No I still have many more claims to file. My next is all three parts of my back, depression, anxiety, sleep apnea. Then I will move to pelvis, hands and wrists and finally loss of use. Now I will say took me three years to do this claim. I was just too depressed is all. Thank you.

[Mr cue]

5 hours ago, 30percentermovingup said:

The VA defines Loss of Use of Hands for the purpose of special monthly compensation when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the elbow with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function of the hand and whether the acts of grasping or manipulation of an object are possible

The VA deny alot of loss of use under Smc benefits with the statement.

 There is function remains other than that which would be equally well served by an amputation. With nothing else on The  decision.

 

That isn't how it's done here is the VA manual on how the VA should handle it.

Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity

 

• rests with the rating activity, and

 

• cannot be delegated to the examining physician.

 

c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a

 

• detailed objective description of remaining function

 

• quantitative assessment of strength for each extremity involved, and

 

• description of any pain that affects use.

 

Do not request that the examiner

 

• determine LOU, or

 

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.

 

Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.

As far appeals to the cavc if you are not up on cfr court precedent and VA manual

I wouldn't go it alone.

Can It be done yes I have to won remands at the cavc.

I am fight the VA now for loss of use.

They keep stating that the examiner needs to make a opinion on if I have loss of use.

The Rules clearly stated 

Do not request that the examiner

 

• determine LOU, or

 

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.

So be on the lookout for this.

 

 

 

[30percentermovingup]

17 minutes ago, Mr cue said:

The VA deny alot of loss of use under Smc benefits with the statement.

 There is function remains other than that which would be equally well served by an amputation. With nothing else on The  decision.

 

That isn't how it's done here is the VA manual on how the VA should handle it.

Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity

 

• rests with the rating activity, and

 

• cannot be delegated to the examining physician.

 

c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a

 

• detailed objective description of remaining function

 

• quantitative assessment of strength for each extremity involved, and

 

• description of any pain that affects use.

 

Do not request that the examiner

 

• determine LOU, or

 

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.

 

Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.

As far appeals to the cavc if you are not up on cfr court precedent and VA manual

I wouldn't go it alone.

Can It be done yes I have to won remands at the cavc.

I am fight the VA now for loss of use.

They keep stating that the examiner needs to make a opinion on if I have loss of use.

The Rules clearly stated 

Do not request that the examiner

 

• determine LOU, or

 

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.

So be on the lookout for this.

 

 

 

And that is why I am going for loss of use last lol. I don't think I could get an attorney to represent me for that though as I will already be at 100 percent by then and there will be no back pay for them to collect.