tag:blogger.com,1999:blog-4162041641030931379.post2279960251554476432..comments2023-05-10T04:47:11.680-07:00Comments on The Blog at Military Disability Made Easy: Proposed Changes to the Ratings of the Musculoskeletal System MDMEhttp://www.blogger.com/profile/08807695915566004972noreply@blogger.comBlogger25125tag:blogger.com,1999:blog-4162041641030931379.post-64640579502324458022020-03-16T11:11:45.597-07:002020-03-16T11:11:45.597-07:00It is fairly common for spine conditions to lead t...It is fairly common for spine conditions to lead to other spine conditions. With a strong NEXUS letter from your physician stating the relationship, you should be able to claim the cervical spine condition and upper peripheral neuropathy as secondary to your lumbar conditions. <br /><br />http://www.militarydisabilitymadeeasy.com/nexusletters.htmlMilitary Disability Made Easyhttps://www.blogger.com/profile/10320151544107767655noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-3951065173910940462020-03-10T12:34:17.628-07:002020-03-10T12:34:17.628-07:00I'm rated at 40% for lumbar sprain(claimed as ...I'm rated at 40% for lumbar sprain(claimed as DDD and spinal stenosis) with radiculopathy left leg 20% right leg 10%. Since I got out of active duty I kept telling my Dr. about my hands going numb and hurting and never got tested for anything. 7 years now and still dealing with the pain and now neck pain come to find out after I went and payed for an MRI that I have disc in my neck that are compressed and some bulging that is why im having pain in my hands and numbness. Can I claim secondary to my lumbar sprain or is neck pain a new claim by its self with radiculopathy? any help will be appreciated. Ramhttps://www.blogger.com/profile/01981565032433660816noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-4958239954270951292020-03-03T11:48:59.070-08:002020-03-03T11:48:59.070-08:00Yes, you could have been rated 10% for pain since ...Yes, you could have been rated 10% for pain since the x-ray should evidence of degenerative changes, however, the sacralization is probably what is fighting against you. <br /><br />Sacralization is fusion of the L5 vertebra with the sacrum, and is known to be congenital. Congenital conditions are not ratable, so if the cause of the arthritis and future disc issues is the sacralization, then they would not be considered service-connected. This is probably why the claim was originally denied. <br /><br />http://www.militarydisabilitymadeeasy.com/epts.html<br /><br />In order to get the claim approved, you will have to show definite proof that your military service and not the sacralization is the cause of the back issues or that you service at least aggravated the condition compared to similar civilian cases. <br /><br />http://www.militarydisabilitymadeeasy.com/service-connected.html#aggravatedMilitary Disability Made Easyhttps://www.blogger.com/profile/10320151544107767655noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-41290871450746430412020-02-29T12:15:11.256-08:002020-02-29T12:15:11.256-08:00Four months of getting out of active duty I was gi...Four months of getting out of active duty I was given a compensation exam at the VA. At that time I complained that my back had been sore over the course of the last year but there was nothing in my service treatment records. I never did get it looked at. They gave me an xray and the report said partial sacralization at L5. Joint space narrowing noted at L5-S1 with slight posterior verterbral body spurring at the same level. Mild apondylosis at L5-S1. This was almost 20 years ago but within the one year presumptive period. At that appointment the lady said I couldn't claim my back since I never went to medical while in service. Three years after that comp exam I had a herniated disc at L5-S1 with foot drop. I had no idea until last year when I filed a claim with my VSO that they had even found arthritis in my back at that exam. When I filed my recent claim I received a letter from the VA stating I needed to file a supplemental for my back because I was previously denied since they did in fact file a claim for it 20 years ago. I think I can get service connected for my back and sciatica due to Continuity of Symptomology since they found arthritis within the one year presumptive and I had a herniated disc 3 years later at the age of 27. I've had continued issues with my back from the herniated disc and still due today. My question is should I have been awarded 10% for the arthritis in my back from that comp exam 20 years ago? There would've been no reason to even do an xray if I didn't complain of pain because there was nothing in my STR. So, pain plus arthritis should've been 10%, correct? Even if there wasn't pain shouldn't I have been rated a 0% because they found arthritis? Is it worth trying or even possible to fight for a back dated decision rating?Anonymoushttps://www.blogger.com/profile/16576921316069016338noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-80214963421490170782020-02-28T17:15:52.244-08:002020-02-28T17:15:52.244-08:00Both Type 1 and Type 2 are rated under the exam sa...Both Type 1 and Type 2 are rated under the exam same code, so a change in rating can only come if the condition meets the requirements for a higher rating under that code:<br /><br />http://www.militarydisabilitymadeeasy.com/theendocrinesystem.html#diabetesMilitary Disability Made Easyhttps://www.blogger.com/profile/10320151544107767655noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-32168708195386794102020-02-28T09:11:02.923-08:002020-02-28T09:11:02.923-08:00I currently have a rating of 20% for Type 2 Diabet...I currently have a rating of 20% for Type 2 Diabetes. In 2017 that condition was changed from Type 2 to now Type 1 Diabetes insulin dependent. Am I allowed an increase in rating if the condition has recently changed?ARThttps://www.blogger.com/profile/12234755701088585831noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-33054414048662588562019-09-30T10:07:11.153-07:002019-09-30T10:07:11.153-07:00On your Rating Decision, the conditions should be ...On your Rating Decision, the conditions should be listed as such a way that shows that the bilateral factor is being included. For example, <br /><br />Bilateral Shoulder Pain<br />(L 10% + R 10% w/ BLF) Codes: 5304-5399 Rating: 20%<br /> <br />Remember that the bilateral factor is added and the bilateral conditions combined to show one total rating for both conditions. <br /><br />http://www.militarydisabilitymadeeasy.com/vamath.html#bilateralMilitary Disability Made Easyhttps://www.blogger.com/profile/10320151544107767655noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-91791435751120715492019-09-27T06:21:14.253-07:002019-09-27T06:21:14.253-07:00Hi Doc how can you tell if VA is compensating you ...Hi Doc how can you tell if VA is compensating you for a bilateral condition.Anonymoushttps://www.blogger.com/profile/15851011054294634780noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-37095206846947943532018-12-09T22:01:13.886-08:002018-12-09T22:01:13.886-08:00You should bend/straighten the knee as far as you ...You should bend/straighten the knee as far as you can, but let them know as soon as it starts hurting and as the pain progresses. The idea behind limited motion caused by pain is that the pain is so severe that you literally cannot bend it any further. If it hurts, but you still have full range of motion, then that qualifies as pain with motion, not limited motion. <br /><br />As I've advised many veterans, be completely honest about your pain, but don't overplay it. Many docs are pretty astute at knowing when someone is bluffing, and that will end up hurting your claim. Be honest and communicate fully with the doc, and you should get a fair exam and rating. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-83137792770399369362018-12-01T08:14:30.411-08:002018-12-01T08:14:30.411-08:00Hi Doc.
I have a C&P coming up for my left k...Hi Doc. <br /><br />I have a C&P coming up for my left knee (new) and right knee (sec). I can straighten the knees fully, but there is pain associated with it. When asked to perform the exam, do I stop when the pain starts and notify the examiner, "That's where it hurts?" I've heard both sides. "Bend as far as you can," and "Bend until it hurts."Anonymoushttps://www.blogger.com/profile/01588494447802071068noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-44396312951909728772018-11-06T18:56:38.779-08:002018-11-06T18:56:38.779-08:00Jason, I am in process for MEB for rhabdo and I am...Jason, I am in process for MEB for rhabdo and I am surprised to hear 0% and I feel hopeless.It was my second rhabdo. Could I ask if you don't mind for what disabilities did you get 100% from VA? ThanksAnonymoushttps://www.blogger.com/profile/06702112283888761478noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-15618256560365284592018-11-02T12:52:34.898-07:002018-11-02T12:52:34.898-07:00The new ratings for rhabdomyolysis are not yet off...The new ratings for rhabdomyolysis are not yet official, and really they won't make a huge different to how it's being rated currently. Basically, it is rated on the damage to the muscle groups. So, if you only qualified for a 0% based on the damage to the muscle groups, that rating wouldn't increase, and it is not retroactive. <br /><br />If your condition has gotten worse, you can always apply to have the rating increased, but again, it would not be retroactive. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-36990863959411954802018-11-02T05:06:18.183-07:002018-11-02T05:06:18.183-07:00I was medically discharged in 2013 for rhabdomyoly...I was medically discharged in 2013 for rhabdomyolysis and rated at 0% for that...but 100% through the VA for various other issues. What percentage would rhabdomyolysis be now, and is it retroactive?Jasonhttps://www.blogger.com/profile/14030067640663754719noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-45557142946921809502018-10-03T14:24:39.296-07:002018-10-03T14:24:39.296-07:00Nothing has officially changed regarding the VA ra...Nothing has officially changed regarding the VA ratings for pain yet. Currently, the VA usually awards the minimum 10% rating when the only symptom of a musculoskeletal condition is pain based on the Painful Motion principle.<br /><br /> It is likely, though nothing official has been published yet, that the VA will extend this to state that the presence of pain qualifies for 10% minimum regradless of the diagnosis. Again, nothing official has occurred as of yet.Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-84482168185573130322018-10-03T14:15:05.887-07:002018-10-03T14:15:05.887-07:00What exactly did you apply for? If you have docume...What exactly did you apply for? If you have documentation that the rhabdomyolysis and heart damage occurred in service, it should qualify as service-connected. <br /><br />The fact that you do not have any current evidence of a continued heart condition is an issue as it seems on paper that you do not have an active disability. To fix this, you need to have your current heart condition documented in order to prove that it is still a current issue. <br /><br />If you can show that it is still a current condition and that the current condition is clearly linked to the in-service rhabdomyolysis, then you should be successful. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-7670910008980906692018-10-01T00:03:03.625-07:002018-10-01T00:03:03.625-07:00Dr George Johnson where to file for PAIN Disabilit...Dr George Johnson where to file for PAIN Disability in Va Disability rating.. Ref to Melba Saunders vs Robert Wilkie. Need help soon pls.Anonymoushttps://www.blogger.com/profile/05490443834829645789noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-41583885916370960142018-09-25T10:49:12.495-07:002018-09-25T10:49:12.495-07:00I had severe rhabdomyolysis while serving in the U...I had severe rhabdomyolysis while serving in the USMC in the early 2000s. My ck level was 180,000. I was hospitalized and had to be checked for kidney and heart damage. They told me it damaged the lining around my heart and I still have pain from it today. Also when I try to lift weights or work out after that happened the symptoms start appearing very quickly. It wasn't like that before it happened. When I tried to claim it after I was discharged in 2003 I was denied by the va. I have a lot of documentation from when I was in but nothing afterward. I've just learned to live with it. Should I reapply with the VA?Anonymoushttps://www.blogger.com/profile/06473374600816904220noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-25293589627689573422018-09-18T07:58:47.654-07:002018-09-18T07:58:47.654-07:00They actually rated you correctly. Both 5330 and 5...They actually rated you correctly. Both 5330 and 5331 are proposed codes that do not exist yet. The VA has not officially created them, so they cannot yet be used by rating authorities. There is no way to know when the VA will official create them, but until they do, they won't be used to rate conditions.Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-50792880405561078042018-09-13T14:46:58.726-07:002018-09-13T14:46:58.726-07:00I have been diagnosed with exercised induced rhabd...I have been diagnosed with exercised induced rhabdomylosis and compartment syndrome in my lower legs they coded me 5311 not 5330,5331 can I rebuttal this?Anonymoushttps://www.blogger.com/profile/07493575693941389486noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-55138845472037950882017-12-04T08:52:50.163-08:002017-12-04T08:52:50.163-08:00The VA will only give a single rating for the over...The VA will only give a single rating for the overall condition of the entire foot, so both pes planus and plantar fasciitis cannot be rated separately. <br /><br />Instead, you can apply for plantar fasciitis as a secondary condition to pes planus and have them consider both. They will then look at your overall condition and choose the code and rating that best reflects the combined effect of both conditions. <br /><br />When you submit VA Form 21-526b to request the increased evaluation, include plantar fasciitis as a secondary condition. <br /><br />http://www.militarydisabilitymadeeasy.com/vaform21-526b.pdf<br /><br />Note that foot ratings in general rarely get very high. For pes planus to receive above a 10% rating, there has to be an obvious deformity because of the condition. And plantar fasciitis as a single condition is rarely rated above 10%. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-32979471076104524262017-12-02T09:29:09.657-08:002017-12-02T09:29:09.657-08:00Hello, I served ten years on active duty, three o...Hello, I served ten years on active duty, three of which was combat arms duty. My first entry exam identified as having bi lateral pes planus. I have several medical records from active duty for foot pain and feet orthotics for my combat boots. I was rated at 10 percent for the condition when I separated active duty in 1992. The condition has worsened over the years. Recently I asked for a re-evaluation and had a VBA exam with a contractor (LHI). The examiner noted planter facietis in her notes. Is it possible to get a higher rating for the worsened pes planus and additional rating for plantar facietis? thanks flatfootedhttps://www.blogger.com/profile/10897112142061165815noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-66037161974129385622017-10-11T12:25:21.401-07:002017-10-11T12:25:21.401-07:00There are time limits on filing certain appeals, b...There are time limits on filing certain appeals, but you may be able to apply for an increase instead:<br /><br />http://www.militarydisabilitymadeeasy.com/isyourratingwrong.html#va<br /><br />Diagnoses should always be done by specialists, especially in the case of fibromyalgia which doesn't have a single definitive test. Military Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-36016030596607774602017-10-10T16:06:31.448-07:002017-10-10T16:06:31.448-07:00So is their a timeline to get that corrected if yo...So is their a timeline to get that corrected if you just notice it? <br /><br />One last question has to do with fibromyalgia. Can a pain medicine specialist diagnose you with fibromyalgia or does it need to be a rheumatologist?<br /><br />Thank youAnonymoushttps://www.blogger.com/profile/11457631354037436661noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-54523729891240706212017-09-06T08:59:26.294-07:002017-09-06T08:59:26.294-07:00Limitation of extension is based on the farthest d...Limitation of extension is based on the farthest degree you can straighten the leg. So if you can straighten your leg no further than 45 degrees (not 40), it is rated 50%. Anything between 44 and 30 is rated 40%. <br /><br />So, anything more limited than 45 degrees is also rated 50%. <br /><br />http://www.militarydisabilitymadeeasy.com/kneeandleg.html#limoMilitary Disability Made Easyhttps://www.blogger.com/profile/07246704641900456151noreply@blogger.comtag:blogger.com,1999:blog-4162041641030931379.post-46912392771234529312017-08-30T20:22:19.964-07:002017-08-30T20:22:19.964-07:00Greetings, Dr.Johnson
I wanted to asked a questio...Greetings, Dr.Johnson<br /><br />I wanted to asked a question on Limitation of the knees:<br /><br />If your rating on the left knee is Limited extension of 45 degrees or more is that a rating of 50?<br /><br />If your rating on the right side knee is limited extension to 30 degrees to 40 degrees is that a rating of 40?<br /><br />The provisions that were sited was 38CFR 4.40 and 4.45<br /><br />So do the veteran suppose to get the higher rating? I'm just very confused.<br /><br />Thank you for your assistanceAnonymoushttps://www.blogger.com/profile/11457631354037436661noreply@blogger.com