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About Armyfor9

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    E-3 Seaman

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  • Service Connected Disability
  • Branch of Service

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  1. I have never requested or received any of my 3 C&P's two were QTC the other VA Psych. There is nothing uploaded on "myhealthevet". I was never aware that I could request a copy. I really want the C&P's but a copy of the entire claim form would be fantastic. How can I go about that? Thanks for any advice.
  2. Thank you for the info/links. Will check it out. I had no idea where to begin to look. I appreciate your direction.
  3. I am attempting to help a veteran with a claim. This without this site I would not be at 100% myself. This individual is a Vietnam agent orange exposed vet with SC diabetes. I remember in doing my claim they added diagnosis I had not claimed and requested documentation. I stated that I was not at that time claiming those particular diagnosis. I was told back then that they are "required" to assist with claims for things they are aware of even if the veteran didn't state it. The example was also given that if a veteran used an incorrect diagnosis and it was obvious that should be brought to the veteran's attention and filed correctly. My question pertains to where in the regulations can I find that? The individual I am helping was denied for several conditions that are clearly complications of his diabetes which is SC. My gut says they should have advised him to change the claim for those denied diagnosis as secondary to his SC diabetes. I have no idea where to find anything that mentions the requirement. Any help???
  4. Great News. I received a PHONE CALL today, from the VA. I was informed that they had indeed reopened my claim. They wanted to apologize for what was a "Clear and Unmistakeable Error". They also said that my rating would be going up! This surprised me as I thought even with the correct rating being 60 versus 40 that I would remain at 90%(rounded from 94.28). I checked ebenefits and saw the expected increase, but ALSO previously denied conditions TWO now confirmed and service connected as secondary!! 100%. What a nice surprise. Mind you I had just sent an email on Sunday which wouldn't have been received till Monday! Today is just Wednesday! Fixed in 2 Days! I have to say that I am impressed. I call this SUCCESS!
  5. Broncovet, I was surprised to see on E-Benefits my "closed claim" which had several conditions, is back active with just the condition I mentioned here now pending. I won't get too excited, till I see the final rating. It says "Preparation for decision" All 4 other conditions remained closed. I think it may have fallen under the "CUE". The rating is clearly determined, not debatable. It states what section to use for my condition and the severity of my condition is clearly measured and documented. If rated under section the regulation quotes it would be 60% based on multiple documentation. If rated in a very similar section but NOT the one identified to be used for my condition I would get 60% which is the max for my condition. However I believe they used another section which does max out at 40%. The reasoning was stated for the 40%"maximum allowable by law". I'm unsure how long it will take to complete again, but last time from "preparation for decision" to complete was just days. I will still remain at 90% but hoping that unemployability will have a better chance of approval. I haven't been able to work for 8 years and have been receiving SSDI for 4 years. With this claim I've gone from 50% to 90%. Which was rounded from 88% now if rating goes to 60% I'll be at 94.28% so I feel comfortable submitting that TDUI? or what ever it's called. I'll update when I see the rating listed once it closes again.
  6. I did not serve in Southwest Asia/Gulf War. I am service connected for current "joint pain" due to arthritis. I did have back strain after back strain in service and knee injury. I also had complaints of both hip and knee pain. With the arthritis after x-rays I would be told it was only mild to moderate. The 10% for pain was all they allowed. With this new diagnosis, it now makes sense why the disconnect between mild to moderate arthritis but unbearable pain. Is there any precedence to be rated at increased rate due to complicating SC condition by (so far) non-service connected condition?
  7. OK, I appreciate the feedback and advice. I hate to sound stupid, but that fibro fog can be a b**ch. It sounds like you agree it was an error regarding the 40% vs 60%? Do you think an attorney can get fibromyalgia SC or is there a way to get compensation due to the increased pain to SC arthritis? I don't want to waste anyone's time if it is not likely to change. The rating for the "voiding dys" 60% vs their "cystitis" 40% I feel was"innocent" human error. I don't still understand if there is a simpler, quicker way to correct it. I agree an attorney will be the best bet to deal with the fibro. issue. I am unable physically to continue on my own. I got to 93+%(rounded to 90%) now I have nothing but pain left. It's killed my fight. Writing this takes rereading and editing multiple times to make sense of it for someone else.
  8. Rated 10% (SC) painful joints/Arthritis. When filed for increase unaware, but last week! diagnosed with fibromyalgia. Explains why my pain is severe. I need information. A condition caused or worsened by a SC condition is rated secondary to the SC condition. I don't know how to address acquiring after service a condition that aggravates existing SC condition. Am I stuck at 10% rating for painful joints or can I get compensation for the disabling pain either for effects on arthritis or as a secondary diagnosis? BTW I have SC conditions (IBD,PTSD,Migraines) which are common with fibromyalgia,... still getting Fibromyalgia SC is unlikely. Fibromyalgia alone is painful, but co-existing with arthritis is unbearable. Is there precedent to allow increase above 10% or allow secondary diagnosis? ANY SUGGESTIONS!!!!! I'm in constant pain. My claim is in reviewing evidence and will be decided soon. Any good advice is appreciated. Thank You
  9. Another condition rated (SC) painful joints/Arthritis at multiple sites. They rated at 10%. When I filed the claim I was unaware but have recently last week! been diagnosed with fibromyalgia. I'm fairly certain that's why my pain is so severe. I am aware of a condition caused by a SC condition being rated as a secondary. What I have no idea how to address developing a "non-service" condition which aggravates an existing SC. I am aware that several of my SC(IBD,PTSD,Migraines) are common with fibromyalgia. I just feel getting Fibro SC is too much of a battle. The pain it causes to my SC arthritis seems like somehow it should be considered and allow a rating above 10%. ANY SUGGESTIONS!!!!! I'm in chronic pain.
  10. I am service connected. The reason stated it was the highest allowable. That's why I feel it was simply human error and they did not realize that unlike cystitis, void dysfunction maxes at 60. This was decided on a partially completed claim. Began early last year. Completed some conditions this past September, but others are still open.
  11. So then in your opinion they should have rated it 60% instead of the 40%? That was my initial thought, then as I kept reading I wasn't sure if they were actually two separate. Do you know what the best way to have that corrected? Would that be considered a "CUE" since it is SC and symptoms are well documented. My honest opinion of how it likely happened is the 1st category maxes at 40%. I believe they saw I maxed and stopped. The only problem was the 3rd one would have rated at 60% which was not an option for the Cystitis. I can see how that could have easily happened by mistake.
  12. Hi, I am hoping someone with a lot more knowledge than me can figure out if I am misinterpreting the rating descriptions or if someone made an error. I will copy and post from what I read at the end of this. I will omit just one section that is irrelevant.(actually I will include it, just in a small font. I have highlighted the areas I feel are important. I have cystitis with recurrent UTI's causing constant (pain, discomfort, urgency) I also have incontinence (aka voiding dysfunction) My claim I stated bladder urinary problem. I wasn't sure how to state it. Clear medical evidence and documents provided to be approved service connection at 40%. My question is that I felt it should be 2 separate ratings. #1 Chronic Cystitis causing frequency meeting 40% AND #2 Voiding Dysfunction meeting requirements for 60% (Or at minimum 1 rating at the higher of the 2 at 60%. I'm curious as to your take on my rating for the "Urinary System" Facts: I have a diagnosis of Cystitis 7512(Interstitial Cystitis) which causes pain, frequent urination, urgency, etc. also I have recurring and frequent UTI's I also have Urinary incontinence 7542(which is not technically a symptom of cystitis, I suppose unless due to urgency, which is different than mine.) On my claim I claimed "Bladder Condition" Note I was rated at 40% My question is looking at this couldn't I have two ratings? One for the Cystitis at 40% under frequency and also one for Voiding dysfunction at 60%. If not at least rating at the higher 60%????? What do you think? Please let me know if I'm mistaken or if I should submit in hopes of correcting and by what method. Thank You Urinary Rating Systems There are three different urinary rating systems. Urinary Frequency: A condition is rated under this system if it causes the body to urinate more often than normal. If you have to urinate 5 or more times during the night, or if you have to urinate more than every hour during the day, it is rated 40%. If you have to urinate 3 or 4 times during the night, or if you have to urinate every 1 to 2 hours during the day, it is rated 20%. If you have to urinate 2 times during the night, or if you have to urinate every 2 to 3 hours during the day, it is rated 10%. Obstructed Voiding: A condition is rated under this system if there is something in the way that makes it hard to urinate, like a kidney stone. If the condition makes it so you cannot urinate at all and must always use a catheter, then it is rated 30%. If there are obvious symptoms (slow or weak stream, hesitancy to start urinating, etc.) and if there is one or more of the following: 1) more than 150 cc (cubic centimeters) of urine left over in your bladder after you urinate, 2) less than 10 cc of urine per second are passed through the ureter, 3) there are regular urinary tract infections because of the obstruction, or 4) the urethra becomes narrow because of an infection and requires regular dilatation (stretching) treatments every 2 to 3 months—then it is rated 10%. If there are only obvious symptoms (slow or weak stream, hesitancy to start urinating, etc.) but none of the other 4 conditions listed above, then it is rated 0%. This 0% rating is still given even if there is narrowing of the urethra that requires regular dilatation (stretching) treatments only once or twice a year. Voiding Dysfunction: All urinary conditions that cannot be rated as urinary frequency or obstructed voiding are rated by this system. If the condition requires the use of a catheter to remove urine from the bladder, or if the condition requires the use of absorbent materials (like pads or Depends) that must be changed more than 4 times a day, then it is rated 60%. If it requires absorbent materials that must be changed 2 to 4 times a day, then it is rated 40%. If it requires absorbent materials that must be changed only once a day, then it is rated 20% Code 7512: Chronic Cystitis is the swelling of the bladder most often due to infections, but it can be caused by other things as well. If it is caused by a urinary tract infection, then it is rated as described for that condition. All other causes of this condition are rated under this code. Code 7542:A Neurogenic Bladder occurs when a person looses control over urination because of damage to the nerves or the brain.
  13. If your C&P was not at a VA is it possible to see it on Ebenefits? Also my first C&P was done at a VA but is not on Ebenefits, how to I see that? This is my 2nd claim. I am currently 50%SC for PTSD but this claim has 9 contentions and I had 2 C&P's not with the VA but I guess contracted Dr's. Both C&P's were June/July and current status is already Prep for Decision. This claim was filed April this year! My first claim took like 2+ years!
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