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asthma

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grayling12

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If your PFT shows your pre bronchodilator scores in the 70% range which is ratable around 10% but your post bronchodilator scores (the one that counts) shows in the 100% range which wouldn't be ratable, can they still rate you at 10% just based on needing to use a rescue inhaler and trelegy ellipta steroid inhaler daily?  Thank You for any information provided.

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The schedule for respiratory diseases is found here:

https://www.law.cornell.edu/cfr/text/38/4.97

Of course, IDK if yours is bronchial asthma, or some other type.  

If you scroll down to sarcadosis, it indicates if you use cortisteroids that would be ratable at 60 percent.  I have no idea what type of bronchodialator you use.  Vets are sometimes rated as analogous ratings when syptoms dont fit well for their disorder.  

Sometimes the rating schedule, above, shows with or without medications.  

However, if the rating schedule does not specify symptoms "with" meds (or "without meds") to define it, then the benefit of the doubt suggest you get the higher rating of the two.  

Think about it.  Ok, so you lose your leg.  The VA gives you a leg prosthesis (aka "wooden leg").  And, you are able to walk and do some of the things with the prosthesis you could do before you lost your leg.  

Can you imagine the VA saying, "I dont know what you are complaining about.  Sure you lost your leg, but we gave you another prostheisis, so you dont get no benefits for "loss of use of your leg" or any other compensation becuase, when you put your leg on, you can do without it."  

No.  You still deserve benefits for "loss of use" of your leg, even when/if you can use a wheelchair or other prosthesis.  Its not the same.  

You have some degree of limited use of your lungs with your asthma.  In the same way, short term relief with a bronchodialator is not the same.  

I think you should get the max benefit, so I suggest appealing and fighting for it, because the VA has a habit of giving you the lowest amount possible, that is, lowballing you.  

 

 

 

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If you use "inhalational anti-inflammatory medication" such as inhaled steroids, you should qualify for 30%.

The inhaled steroids provided a quality of life improvement, but I still use a nebulizer several times a week.

To get 60%, the systemic corticosteroids are things like prednisone or medrol pills, betamethasone or dexamethasone injections, or IV solumedrol treatments. 3+ per year can qualify you for 60%, but the VA will likely say they would expect you to improve and want to re-eval after six or 12 months.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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