tinnitus Just Received Rating?

[parkee99]

Just received my rating after a 20 year career in the USAF. I used the pre-separation program and started the process back in Aug 2006. I officially retired 1 Mar 07. I was told I would here something sometime in May 07. To my surprise the big yellow envelope came this weekend and I was awarded a combined rating of 80%. It was more than expected but I still have questions about the outcome.

I was awarded the following:

degenerative joint diseas, degenerative dics disease c-spine 20%

degenerative dics disease l-spine 20%

osteoarthritis bilat feet 10%

left knee djd 10%

rt knee 10%

left shoudler strain (minor) 10%

right shoulder strain(major) 10%

tinnitus 10%

sinusitis surgery x3 with skin graft 10%

allergic rhinitis 10%

gastrointestinal reflux disease 10%

I received a a 0% rating on 11 other items. I did not realize there were that many items up for a claim. My C&P exam took 3 1/2-4 hours and the nurse practitioner was very thorough.

My question is should I appeal anything or just leave it alone? I feel fortunate to receive such a high rating, especially after reading this forum for the past 2 months. I received a 0% rating for high blood pressure. My bp is usually in the 150's over 90's on meds. We have tried 3 different meds and nothing has worked. On my last eye exam the optometrist told me he could see changes in the arteries in my eyes due to elevated bp.

The other question is my back, I have to take pain meds daily and I know it will only get worse. I have several herniated discs in my L-spine and T-spine. Even if I get a higher rating of 40% I would still only be at 40% by VA math.

My GERD is bad(even n meds twice a day) and I have sub-sternal chest pain regularly and was noted on my exam and records. In my entitlement letter, it stated I would not receive the next highest rating 30% unless I was having substernal chest pressure or left arm pain.

My VARO is Oakland but my file was sent to Salt Lake due to back up. I have since moved to Arizona. Should I now transfer my file here? I assume if I appeal anything, they will schedule me for another C&P exam and I would have to be local.

I would appreciate any advice. Thanks to all for all of the great information on this site!

[john999]

parkee

I would appeal for higher ratings because you have a good chance of getting some thing bumped up to a higher rating. If you just let it go then the decision will become final. You have probably been low balled on some of those claims. 0% for all those other problems seems low.

[sixthscents]

I seldom accept the first rating... very seldom... I would question the 20% lumbar spine, dpending upon the situation, further I would also question all the DJD, DDD as well as the 0% rated stuff.

If they gave you 80% on a first run, welll a. they cant decrease their rating and b. they cant decrease their rating, so I would push for 100%...

Bob Smith

[parkee99]

Thanks for the advice. Would the first step be to transfer my files to Arizona now that I am living here? Do I appeal these one at a time or all at once? I know I need to get a VSO. I am not really sure where to start and I don't want to make any mistakes and mess anything up.

[sixthscents]

Well your probably not going to mess anything up yet... but if you have moved, and intend to stay in the residence you are at, I would (shudder) move my claims folder.

I would address all the claims you intend to contest at once if possible, presenting as clear a picture as to WHY they were wrong to rate you as they did. This is called a NOD, or a Notice of Disagreement. You should look at the decision they sent you, and then reference it to CFR 38, section 4... for each illness, they rated they will state why they said no.... useually this is because they:

deny service connection

deny diagnosis of the illness (really common)

deny the severity of the injury (for 0% or other lower rated injuries)

then you look at your medical records, and see what (according to CFR 38) you believe a fair rating would have been. Normally you will find that you differ in opinion with the rater... if so here is where you start to build you case....

to be continued, have to get daughter off to school.

Bob Smith

[Berta]

I would definitely add the HBP to the claim---

What did the VA say-in that decision- as to considering you for TDIU? Total Disability due to Unemployability?

Also have you looked into the CRDP and CRSC programs as to how this compensation will

affect your military retirement pay?

http://www.military.com/benefits/military-...aring-crsc-crdp

Edited April 24, 2007 by Berta

[sixthscents]

OK, now as you look at each illness, and go thru CFR 38 you will start to see what is, and isnt a claimable illness. Some of your things may not have been a claimable illness, or the rater may have combined them with one of the other injuries as a symptom, and rated that illness higher (hopefully), or it may in fact have allowed that rating to occur... (kinda confusing, but you may have been claiming a symptom, and not an illness... I dont know that for a fact, but it too is ocmmon.)

As you go thru each one, you will find some illnesses probably that do NOT have a rating, and these are rated under the most similar, or "like" illness, also you will see that the VA and the rest of the world use different medical descriptions... things like degenerative joint disease - lumbar spine becomes IVDS (in some cases), and so on.

So, it will be a bit of a "process"... but remember that we are here to help answer your questions as you go thru this.

Again, the first real step will be having your C-File (Compensation File) moved to the VA Regional Office that covers where you now live. You can call the 1-800 number to get this started, and to get the address of your local VA Regional Office.

You can track that C-File and call every week or so to find out "where" it is... and hope they manage to get it to the right VARO... that'll be the first thing they do anyway, so you might as well make sure its done right.