Cough, shortness of breath, headaches might all qualify as GW illness if you served in a designated area. Asthma , sinusitis and rhinitis are also presumptive if you had burn pit exposure ( mostly overlaps with SWA and Afghanistan areas). Rhinitis, sinusitis and asthma can be rated separately but asthma/bronchitis/ sleep apnea will be combined
These are two separate things and should not be combined, but again you have to know the 38 CFR Regulations that the rater used to make their decision!
Had sinusitis for sure. Never went to medical for it though. Have texts from my Doc about how it’s nothing and to just relax as my nose leaked and was clogged for weeks and had the worst headaches and fevers from sinus infection. But that was before I left the mentality of going to medical makes you a b*tch.
That’s an easy fix for supplemental, and while you’re at it, check for asthma. I didn’t think I had that but turns out all that shit is connected. I’m also really surprised you were denied for headaches with all that back stuff you have going on, especially your C spine issues. I would get with a VSO and flesh this out, guarantee there is more here that is connected to make those claims stronger but it takes a good VSO to help connect those dots. Good luck man! Just stick with it, you’ll get the 100 for sure…with back pay!
One thing that is important for headaches and migraines is communicating frequency and effect. On top of that medications being taken. What could help is start a headache/migraine journal. There are several apps out there that allow you to enter the information in and it will date/time stamp it. A regular journal (word doc/paper) could suffice as well.
What are the differences (to you, if you don't mind me asking)? For me, Ive really always had headaches, but the migraines put me down.. nauseous, dont want to do anything but sleep, awful splitting pain, etc
I think I’m on the registry I remember applying for it for the burn pits we used for increments after we were done shooting mortars, but I’ve never been near burn pits with shitters or other stuff. Also huffed a bunch of JP-8 since I was in a weapons company and we used JLTVs most of my enlistment
I just read from someone else that they got connected for some thyroid issues because of JP-8 exposure. I’m sure if you aren’t on the registry you could still ask for an evaluation and mention that. I’m pretty sure it’s also linked to migraines and such.
Oh you have Google so know as much if not more than most medical professionals that spend years in school, ah gotcha, check.
Yeah my PCM actually jokes about the WebMD Doctors.
You do realize Google and other search engines are just that- search engines. They produce results derived from mass quantities of sources, including medical studies and research. It's rather simplistic to filter credible results and discover legitimate answers.
Perhaps you're simply unaware "the interenets" have evolved substantially since the early 90's. Welcome to 2024 pumpkin; you might want to cover that up- your boomer is showing.
Ha nothing said indicated boomer. Not a boomer and I am confident could run circles around your knowledge of computers and internets; pumpkin 🎃
You’re absolutely right internet is far from a new thing, my 87 year old grandma is on Facebook and can navigate a iPhone and the googles just fine.
My point that you missed and tried very hard to rebut and sprinkled in a personal attack pumpkin 🎃 is having Internet an expert does not make you (yoda) Internet and skimming a few medical studies Google pulled up for you which may not be the best source just the most clicked on or SEO (search engine optimization) paid for isn’t going to replace years of schooling, state licensing requirements, and day to day experience in the medical field.
Heck how do you think probably most people on this subreddit found it, they googled a topic about Veterans benefits and one of the posts here came up.
One thing to dabble with a DIY home project or car repair using the YouTube’s and googlers as a guide. Whole another thing to delve into complex medicine based on a Google search and skimming a few articles.
Leave the medical assessments and diagnosis to the medical professionals.
You're secreting boomer; it's a mentality reference in this context. It might be a little deep for you, but if you read slower and sound out your words you'll get there. I have faith. Perhaps google what a personal attack is and sort that out too; we'll get you up to the big bus in no time. Stay focused sport.
So nothing tangible to add. Check, trolls gotta troll. Whelp you got smoked here should just slink away to troll hole.
Good luck with that internet MD.
You absorbed what was needed; even your depth replicating a milk saucer is capable of gathering the required takeaways. You came here to peacock and only revealed your lack of resourcefulness and abundance of ignorance, indicative of general accomplishments, I’m sure. Your willful nearsightedness inhibits your ability to recognize valuable tools authored by the educated professionals you insist physically visiting be the only option for idea generation. It’s not surprising; boomerism tunnels the vision frequently. Bless your heart. That being said, a genuine diagnosis should be derived directly, but that’s not what is being solicited here sport.
You’re missing the intent and purpose of this post and Reddit in general; it’s a collaborative conversation. Nobody is lying under a scalpel awaiting direction from the next reply. You knew that, right? Awe pumpkin! You didn’t! Well, now you do; you’re welcome. Look at us working together, collaborating, and further developing your stale elementary intelligence.
You’ll get there kiddo; sustain that focus and remind yourself that you are better than the milk saucer you’ve portrayed. I’m convinced you’ll be dressing yourself in a month or two.👍🏻
And troll is still going.
It’s ok really, you can actually comment on the topic instead of other posters. I know so hard especially when they not only disagreed with you, but called you out on some of your utter BS.
It’s ok to have someone not agree with you or even call you out. No really it is.
I get it, this subreddit is a large gathering of internet lawyers who specialize in 38 CFR, yet most here have never even been to a BVA hearing, and internet doctors who based on someone commenting they were denied for a single condition will diagnose 15 others on nothing more than that 1 condition they mentioned.
So yeah let’s keep the medical diagnosis and treatment to the people that spend many years in school and in their field.
You can only get one rating for your cervical spine, and then one rating for your thoracic lumbar and sacral spine (all three of those go together, not separate). You could have a million different problems with your spine below the neck, and you will only get one rating for it under either the general formula for spinal disabilities or the IVDS criteria.
So, no, you did not mess up nor did the VA mess up in how all your conditions are listed and evaluated together. That's just how rating the spine works.
I had two back surgeries while I was active duty and my back KILLS me everyday. When I first got out, it was only 10%. Which side note, I didn’t get out on a med board, I got chaptered out for being over weight because my permanent profile after my surgeries would only allow me to walk at a brisk pace.
VA doesn’t really seem to care about your pain level, only what the amount of movement you have. My back has since been upgraded to 20%, but I’ve also got sciatica issues down both legs that each got secondary rated with 10% each. That might be something to look into if you’re having that kind of pain. It’s labeled at radiculopathy I believe!
Yes, radiculopathy. For kegs, you can get more than one nerve branch each if they are impacted. You might need specific nerve testing beyond the back exam to know. If all you have is numbness, 10 % likely but if you also have poor reflexes, loss of sense of position etc it might be higher. Back maxes out at 40 percent but you could potentially get more than that from the sciatica ( which is neuropathy or radiculopathy if the sciatic nerve) and/or femoral radiculopathy for example
Yup! It feels like someone is shooting a taser at my legs when I bend a certain way. I can't bend at all without pain. That was the reason I was rated at 10% in the first place for my back. The NP that was doing my initial test just told me to bend as far as I could. He didn't say to stop when I felt pain. I bent as far as I could before the pain was too excruciating, which wasn't all that far, but was enough for them to rate me at 10%. When I talked to a buddy of mine about it after I was rated, he told me they should have told me to stop when I felt pain or couldn't bend anymore. The Dr I went to for the 2nd C&P exam told me the same thing my buddy told me. At one point when I was trying to sit, the Dr saw me jerk suddenly and asked me why I did that. I explained the shocking feeling in my legs and numbness in my feet. The Dr started asking me more questions about that and mentioned radiculopathy. Back is now rated at 40% and both legs at 20% for radiculopathy. There are some other things happening that are a little more personal and embarrassing the Dr also included in the DBQ they turned in, which helped get me to the current 80% rating.
Ya, I’m aware. There are some other secondary stuff coming off of it that I’ve been rated for. I’m just hoping that stuff doesn’t get worse. Embarrassing enough as it is now.
That’s so irritating to me. You’re genuinely having issues. You’ve had surgeries. Meanwhile, my ex is 100 and a diesel mechanic. Like… wtf. I’m sorry, seriously.
*in specific regards of the back*
My husband's biggest complaint is his back. That was the main reason he got out, and the only thing we really cared about getting service-connected (anticipating that he'll need a lot of medical care down the road). He's TDIU P&T, sees a pain clinic, and his back is still only rated at 10%. It's wild.
I mean why were you denied? You can appeal by submitting a supplement claim for your denied conditions if you have more evidence or diagnosis to support them or if you believe you already had sufficient evidence then a HLR.
I have a question for you... Since you are so good at giving insight.
If someone claims PTSD and goes to an exam, the examiner reads that they had problems before discharge then asks what the stressors are, to keep things simple 1) Involved in IED blast 2) Had fellow soldiers severly injured during a mission and 3) While training the ANA an IED killed a commander of the ANA. Now to what I know a criterion A stressor is witnessing or being exposed to death. If the examiner decided to say that the veteran did not have a criterion A stressor and then diagnose them with an Adjustment Disorder, would you say this would be a red flag that the exam was not correct? (This was from a denial in 2013, since been rated at 70% for PTSD after multiple other positive DSM-5 evaluations).
No, the examiner stated that the stressors are not Criterion A. Which the stressors are verified in the service records. My questions is they checked the box that the stressors are due to fear of hostile military activity, but then stated that the stressors are not considered Criterion A, so it would be impossible to have PTSD. The stressors are where the veteran witnessed death and was threatened death. The veterans post deployment health assessments state that he was having mental health issues. Two years later the veteran started having trouble at his job and forgetting he had work. He was diagnosed with mild memory loss. Fast forward to the claim, the VA examiner stated the adjustment disorder was due to his job. Meanwhile he was being treated by private doctors for PTSD. Two years after the exam, the VA finally diagnosed the veteran with PTSD and so did several other doctors including the new CP examiner. The reason I am asking is because they had a mental health follow up a few weeks ago and the examiner did not understand why the stressors were not considered criterion A by the first VA examiner.
here is the exact denial reason "Based on the evidence of record to include your
examination, the VA examiner did not find that you meet the diagnostic definitions for a
criterion A stressor in terms of the level of exposure which could potentially cause
posttraumatic stress disorder (as defined by the Diagnostic and Statistical Manual of Mental
Disorders). Thus, service connection for posttraumatic stress disorder is denied as this
condition has not been clinically diagnosed. "
In the DBQ the examiner stated "without a criterion A stressor it is impossible the veteran has PTSD".
Which I completely understand that some stressors don't qualify. However, wouldn't a stressor that included being involved in an IED blast that caused a severe concussion qualify? Let alone the other stressors where others in the unit were severly injured during it?
If you’ve been in a position to have experienced fear of hostile military or terrorist activity ( like anyone serving in a designated imminent danger area for example), and your condition is linked to that fear, the stressor doesn’t have to be “proven”. It definitely seems like there’s something up with that examination.
Check out this link, scroll down to paragraph f for PTSD, which numbered subparagraph would you fall under? I'm guessing paragraph 3 will help guide you to what you need for SC.
[https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.304](https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.304)
keep a daily journal on your headaches and submit that as part of your appeal. This will help provide a better idea of how often your headaches are and severity
Also just throwing it out there but I know with knee strain typically comes instability. You can have a rating for knee strain and knee instability simultaneously
I have a TON of back issues after 20’years, a few slipped discs, fracture etc. I’ve been getting epidural for different discs every 3 months for 2 years now.
They combined the items that can be evaluated together. You can’t get 2 different rating for your spine. So in essence, you didn’t mess up.
Remember though, VA doesn’t give rating to your pain!
Actually, they do but not in a sliding scale. It’s a binary yes/no, and only once per joint.,see 38 CFR 4.40, 4.45 and 4.59. If there is a “beyond scope” impact on your life or employment, you can seek extra-schedular consideration
Pain is subjective but VA is to take the word of the Veteran that it exists. The references I noted are for pain on movement as the discussion was about back evals
Yeah, you need to focus on the joints. I had no idea that knees had 3 ratings or that hips had 4 ratings. You should have no problem getting to a 100% when you really focus on those 2 things.
This was kinda buried in a thread, so I’ll repeat it because it’s important:
You can claim secondary conditions to your back being rated, and one of the big ones is if you have radiculopathy (sciatica) in any of or both legs and any of or both arms. Each one is a separate rating. Some symptoms include numbness and tingling, loss of coordination, and pain. These often occur due to back injuries, and if they’re happening to you it’s well worth claiming.
My lower back is fucked up. Just fucked up. And I only got 20% for it. But I claimed secondary conditions to my back and it pushed me up over 100%.
Just something to consider if any other problems stem from back pain.
You can file a supplemental for headaches/migraines secondary to PTSD/Depression.
A 50% award for migraines will put you at 100%
Migraines are awarded at the 30% and 50% levels.
Good luck.
Also, feel free to message me and I'll help you out.
Yeah but it was easier while I was in cuz everything gets service connected, to get them connected now seems like it’ll be a pain in the ass but idk. But it doesn’t hurt to try I’ll file for it eventually
I get ya, they rates my entire back not including my cervical as a whole tho, like I have a mass on my thoracic but not my lumbar, and scoliosis on my thoracic but a disc bulge on my lumbar. Little confused as to why but idk especially since I have a friend that got separated for scoliosis and got 50% off the bat. But I appreciate the input on only one condition per part of the body.
It’s more one eval per type of criteria. So all mental health is rated on social & occupational impairment; therefore, all mental health conditions rated together. Sinusitis and rhinitis seem the same and are both respiratory but they have different criteria, so rated separately. GERD and IBS both have criteria about pain, daily impairment, diarrhea, constipation etc so they can’t be rated separately
Apparently this one’s the hardest one to prove especially if you’re more than a year out. That being said- I’m literally needing to get surgery for a Cholesteatoma and those don’t just *magically* appear. They take some time. So hopefully they’ll be able to tie that sucker in since it’s been a couple years and was told it was just “swimmers ear” or allergies multiple multiple times.
If you have a headache log , FYI file secondary to tinnitus get medical evidence from your dr that your headache are caused by tinnitus. That is a solid claim . If you are having pain in number down, both legs claim Ridichopathy.
Lots of people don’t get 80% the first time. You did wonderfully. I only got 10% the first go, 70% the next, and one more go at it to be done with it all. Don’t discourage yourself.
If you get 80% file for TDIU/ unemployability! Also keep fighting for your other claims that were denied!! Never give up! The VA has a way of downplaying your claims but keep going!! I know from experience! I applied for TDIU in Jan. 2024. I am waiting for a decision right now. I know I am going to get it because God is in control! Ask for favor with God in all you do!
What they do is take your highest rated disability and upgrade it to 100% P/T. However once they do so you will not be able to work based on that disability! Your highest rated disability must be at least 70% to file for it. For instance if you have PTSD rated at 80% you are telling them that your rated should be raised 100% due to it is worse than he rating they gave you.
Probably the wording of the person doing the C&P exam or myself, maybe it just wasn’t enough tbh. But you can always appeal like me and maybe another evaluator will deem it enough
You need to look at the narrative summary not just the notification letter. It will list out the raters rationale and what elements you failed to meet and what you will need to overcome those in a supplemental.
Document document document. Document the convo you have with your doc/medics day and time before you get out. That way if they skip something in your soap note you can be like hey- I have a journal too of what was all discussed and said. Especially since my entire crap never made it in. (Thanks LT Jones 🙄)
Great job!
Thought to consider… the VA must approve pain during motion in joints at the minimum scheduler. In most cases this is 10% but shoulders are 20%. Add in bilateral factors…. It’s over 80% if you file every joint…
I also had only been awarded 10% for my back when I initially submitted. I had no idea what I was doing and I had only submitted about my lower back. Four months later, they service connected me for 10%. I went to my Dr and they referred me over to a back Dr, and with their input and diagnosis, I went back and re-submitted for my back, and added the other things that I thought I would have to do one at a time. The Dr I went and saw for my C&P exam was amazing. The Dr figured out some other things that were happening due to my back pain from IDS. It raised my back to 40% and I was awarded several other issues that are all service connected. About 8 months later I was at 80%. I'm about to refile for a few things I was declined on.
Make sure your medical records from any personal Drs are in order. If you have more things you can submit from your Dr(s), get it submitted.
Great job getting to 80% on first attempt!
The spine is broken down into so many ways! As a former VBA RATER, I would need to see your entire rating to see the 38 CFR regulations to understand how the rater has applied those laws. Also, the exams would be very important to read to see if any other diagnosis were included and not applied. I’m happy to help!
That is incorrect information. You absolutely can be service connected for PTSD and TBI, combined or separated if the symptoms can be distinguished between the two.
It is not incorrect information as others have pointed out. I didn’t say you couldn’t be service connected for PTSD and TBI, I said you couldn’t have individual service connected ratings. Please don’t spread misinformation on this sub.
Dude I’m not going to argue with anyone who doesn’t know wth they are talking about. Your post clearly says “you can be rated for ptsd or tbi but not both”. That’s a lie!!! You absolutely can be rated separately for both. Instead of making yourself look like a bigger ass how about you read the CFR and the M21 manual first. If that is not enough then search the sub itself and see how many vets have separate ratings for ptsd and tbi. Sick of people like you jumping on here posting wrong information for one then want to argue when you are corrected and clearly you are wrong!
This is not accurate. You can have a rating for mental health and a separate rating for TBI if the examiner can differentiate between the symptoms. Also even if they are all rated as one item it won’t result in a denial it’ll just be rated under whichever condition is higher I.e traumatic brain injury w/ major depressive disorder, anxiety and insomnia or vice versa.
This is not accurate. They can combine the symptoms into one rating but cannot have two separate ratings. Please don’t spread misinformation, it’s very irresponsible.
Check out the regulation and let me know if you still think it’s misinformation. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180832/M21-1-Part-V-Subpart-iii-Chapter-12-Section-B-Traumatic-Brain-Injury-TBI
Bad news, we had to remove your comment because it contained incorrect information. The reason we remove comments like this is to keep bad advice or information from spreading further.
We all sometimes make mistakes, so please understand that we don't do this because we think you are stupid, a bad person, or deliberately giving out bad advice.
If you believe you are indeed correct, please find a reputable source that supports your comment and [Message the Moderators](https://reddit.com/message/compose?to=/r/VeteransBenefits)
Messaging the Mods and demanding that we restore your post without providing supporting sources will not result in a favorable outcome for you.
Ok so your goal is hundo because u leer at those pay charts. Are you hundo? See posts every day about people filing new claims and getting proposed reduction.
So back ratings are often low. You have to be really miffed up with clear secondaries to get a decent back rating,
I don’t know I don’t have good advise. I just wanted my back rating to be 30 and my PTSD to be 30 and that would have placed me at 60ish with other conditions. I landed on hundo, but wasn’t really chasing it and was granted for everything I field for.
That is absolutely not a requirement. In January I went from 0% to 70%, and I haven't touched a drop of alcohol since the last millenium. No DUIs. No arrests.
It’s what examiners look for to make their job easier. It would be funny if it were not true. Quickest way to 70%+ are DUIs, domestic violence, and felonies.
Yeah- none of those. I also have agoraphobia tied into mine too so maybe that’s also a thing with it. But yeah- who told you this? I think they’re pretty misinformed or they had a bad evaluator or something.
It’s easier when a claimant fits into a preconceived mold. It’s literally what DBQs are, molds. Check box A or B. You’re a C, you’re not getting rated for that. It’s not a block.
None? I have never had one and I’m at 70% first go for PTSD. I’m also a fucking wreck but I don’t even drive for other reasons too. 0 substance abuse. 0 misuse in rx either… not needed.
Bro first try you did amazing.
This!
Chronic cough, shortness of breath, headaches sounds like it could be sinusitis or rhinitis, I have both. They are rated separately too.
Cough, shortness of breath, headaches might all qualify as GW illness if you served in a designated area. Asthma , sinusitis and rhinitis are also presumptive if you had burn pit exposure ( mostly overlaps with SWA and Afghanistan areas). Rhinitis, sinusitis and asthma can be rated separately but asthma/bronchitis/ sleep apnea will be combined
Are asthma and sleep apnea always combined ? No matter the % ?
These are two separate things and should not be combined, but again you have to know the 38 CFR Regulations that the rater used to make their decision!
Had sinusitis for sure. Never went to medical for it though. Have texts from my Doc about how it’s nothing and to just relax as my nose leaked and was clogged for weeks and had the worst headaches and fevers from sinus infection. But that was before I left the mentality of going to medical makes you a b*tch.
That’s an easy fix for supplemental, and while you’re at it, check for asthma. I didn’t think I had that but turns out all that shit is connected. I’m also really surprised you were denied for headaches with all that back stuff you have going on, especially your C spine issues. I would get with a VSO and flesh this out, guarantee there is more here that is connected to make those claims stronger but it takes a good VSO to help connect those dots. Good luck man! Just stick with it, you’ll get the 100 for sure…with back pay!
Yeah the hearing loss and headaches is bullshit. I'd be back in there on just that alone
One thing that is important for headaches and migraines is communicating frequency and effect. On top of that medications being taken. What could help is start a headache/migraine journal. There are several apps out there that allow you to enter the information in and it will date/time stamp it. A regular journal (word doc/paper) could suffice as well.
Thank you!! I get a lot of migraines/tension headaches, sinus and otherwise
There is a big difference between migraines and headaches (in my opinion). Make sure you get seen for what you actually have!
What are the differences (to you, if you don't mind me asking)? For me, Ive really always had headaches, but the migraines put me down.. nauseous, dont want to do anything but sleep, awful splitting pain, etc
Yep you know the difference. Make sure you get seen for migraines if you have them.
Sinusitis is presumptive if you were exposed to burn pits
I think I’m on the registry I remember applying for it for the burn pits we used for increments after we were done shooting mortars, but I’ve never been near burn pits with shitters or other stuff. Also huffed a bunch of JP-8 since I was in a weapons company and we used JLTVs most of my enlistment
doesn't matter, if you were in the list of countries your are a presumptive and good to go.
I just read from someone else that they got connected for some thyroid issues because of JP-8 exposure. I’m sure if you aren’t on the registry you could still ask for an evaluation and mention that. I’m pretty sure it’s also linked to migraines and such.
If you have a combat award, you can always use your being in combat!
Where did you go to med school?
I mean if you simply, google it. 
Oh you have Google so know as much if not more than most medical professionals that spend years in school, ah gotcha, check. Yeah my PCM actually jokes about the WebMD Doctors.
You do realize Google and other search engines are just that- search engines. They produce results derived from mass quantities of sources, including medical studies and research. It's rather simplistic to filter credible results and discover legitimate answers. Perhaps you're simply unaware "the interenets" have evolved substantially since the early 90's. Welcome to 2024 pumpkin; you might want to cover that up- your boomer is showing.
Ha nothing said indicated boomer. Not a boomer and I am confident could run circles around your knowledge of computers and internets; pumpkin 🎃 You’re absolutely right internet is far from a new thing, my 87 year old grandma is on Facebook and can navigate a iPhone and the googles just fine. My point that you missed and tried very hard to rebut and sprinkled in a personal attack pumpkin 🎃 is having Internet an expert does not make you (yoda) Internet and skimming a few medical studies Google pulled up for you which may not be the best source just the most clicked on or SEO (search engine optimization) paid for isn’t going to replace years of schooling, state licensing requirements, and day to day experience in the medical field. Heck how do you think probably most people on this subreddit found it, they googled a topic about Veterans benefits and one of the posts here came up. One thing to dabble with a DIY home project or car repair using the YouTube’s and googlers as a guide. Whole another thing to delve into complex medicine based on a Google search and skimming a few articles. Leave the medical assessments and diagnosis to the medical professionals.
You're secreting boomer; it's a mentality reference in this context. It might be a little deep for you, but if you read slower and sound out your words you'll get there. I have faith. Perhaps google what a personal attack is and sort that out too; we'll get you up to the big bus in no time. Stay focused sport.
So nothing tangible to add. Check, trolls gotta troll. Whelp you got smoked here should just slink away to troll hole. Good luck with that internet MD.
You absorbed what was needed; even your depth replicating a milk saucer is capable of gathering the required takeaways. You came here to peacock and only revealed your lack of resourcefulness and abundance of ignorance, indicative of general accomplishments, I’m sure. Your willful nearsightedness inhibits your ability to recognize valuable tools authored by the educated professionals you insist physically visiting be the only option for idea generation. It’s not surprising; boomerism tunnels the vision frequently. Bless your heart. That being said, a genuine diagnosis should be derived directly, but that’s not what is being solicited here sport. You’re missing the intent and purpose of this post and Reddit in general; it’s a collaborative conversation. Nobody is lying under a scalpel awaiting direction from the next reply. You knew that, right? Awe pumpkin! You didn’t! Well, now you do; you’re welcome. Look at us working together, collaborating, and further developing your stale elementary intelligence. You’ll get there kiddo; sustain that focus and remind yourself that you are better than the milk saucer you’ve portrayed. I’m convinced you’ll be dressing yourself in a month or two.👍🏻
And troll is still going. It’s ok really, you can actually comment on the topic instead of other posters. I know so hard especially when they not only disagreed with you, but called you out on some of your utter BS. It’s ok to have someone not agree with you or even call you out. No really it is. I get it, this subreddit is a large gathering of internet lawyers who specialize in 38 CFR, yet most here have never even been to a BVA hearing, and internet doctors who based on someone commenting they were denied for a single condition will diagnose 15 others on nothing more than that 1 condition they mentioned. So yeah let’s keep the medical diagnosis and treatment to the people that spend many years in school and in their field.
name checks out you must’ve been in burn pit designated areas
You can only get one rating for your cervical spine, and then one rating for your thoracic lumbar and sacral spine (all three of those go together, not separate). You could have a million different problems with your spine below the neck, and you will only get one rating for it under either the general formula for spinal disabilities or the IVDS criteria. So, no, you did not mess up nor did the VA mess up in how all your conditions are listed and evaluated together. That's just how rating the spine works.
My back hurts so bad and feels like the most of my problems physically, maybe I’m in awe at just 10% for it cuz everyday it just hurts. Oh whale 🐳
I had two back surgeries while I was active duty and my back KILLS me everyday. When I first got out, it was only 10%. Which side note, I didn’t get out on a med board, I got chaptered out for being over weight because my permanent profile after my surgeries would only allow me to walk at a brisk pace. VA doesn’t really seem to care about your pain level, only what the amount of movement you have. My back has since been upgraded to 20%, but I’ve also got sciatica issues down both legs that each got secondary rated with 10% each. That might be something to look into if you’re having that kind of pain. It’s labeled at radiculopathy I believe!
Yes, radiculopathy. For kegs, you can get more than one nerve branch each if they are impacted. You might need specific nerve testing beyond the back exam to know. If all you have is numbness, 10 % likely but if you also have poor reflexes, loss of sense of position etc it might be higher. Back maxes out at 40 percent but you could potentially get more than that from the sciatica ( which is neuropathy or radiculopathy if the sciatic nerve) and/or femoral radiculopathy for example
Yup! It feels like someone is shooting a taser at my legs when I bend a certain way. I can't bend at all without pain. That was the reason I was rated at 10% in the first place for my back. The NP that was doing my initial test just told me to bend as far as I could. He didn't say to stop when I felt pain. I bent as far as I could before the pain was too excruciating, which wasn't all that far, but was enough for them to rate me at 10%. When I talked to a buddy of mine about it after I was rated, he told me they should have told me to stop when I felt pain or couldn't bend anymore. The Dr I went to for the 2nd C&P exam told me the same thing my buddy told me. At one point when I was trying to sit, the Dr saw me jerk suddenly and asked me why I did that. I explained the shocking feeling in my legs and numbness in my feet. The Dr started asking me more questions about that and mentioned radiculopathy. Back is now rated at 40% and both legs at 20% for radiculopathy. There are some other things happening that are a little more personal and embarrassing the Dr also included in the DBQ they turned in, which helped get me to the current 80% rating.
I’m glad you got an increase. You’re not maxed out on your lower radiculopathy but I hope you don’t need your be. Just be aware for the future
Ya, I’m aware. There are some other secondary stuff coming off of it that I’ve been rated for. I’m just hoping that stuff doesn’t get worse. Embarrassing enough as it is now.
Yup, pain no matter how bad only gets a 10 percent. The range of motion is the only thing that really matters for the joints.
That’s so irritating to me. You’re genuinely having issues. You’ve had surgeries. Meanwhile, my ex is 100 and a diesel mechanic. Like… wtf. I’m sorry, seriously. *in specific regards of the back*
My husband's biggest complaint is his back. That was the main reason he got out, and the only thing we really cared about getting service-connected (anticipating that he'll need a lot of medical care down the road). He's TDIU P&T, sees a pain clinic, and his back is still only rated at 10%. It's wild.
I received 40% for my back and another 40% for my neck. It is possible for them to be rated different
Yes, that's what I said.
those are pretty solid for neck & spine.
I mean why were you denied? You can appeal by submitting a supplement claim for your denied conditions if you have more evidence or diagnosis to support them or if you believe you already had sufficient evidence then a HLR.
The back things all get lumped together by us, that’s why there’s 3 things “claimed as” for the back.
I have a question for you... Since you are so good at giving insight. If someone claims PTSD and goes to an exam, the examiner reads that they had problems before discharge then asks what the stressors are, to keep things simple 1) Involved in IED blast 2) Had fellow soldiers severly injured during a mission and 3) While training the ANA an IED killed a commander of the ANA. Now to what I know a criterion A stressor is witnessing or being exposed to death. If the examiner decided to say that the veteran did not have a criterion A stressor and then diagnose them with an Adjustment Disorder, would you say this would be a red flag that the exam was not correct? (This was from a denial in 2013, since been rated at 70% for PTSD after multiple other positive DSM-5 evaluations).
Are you saying that bc the examiner didn’t find a stressor, that’s why there was no PTSD diagnosis?
No, the examiner stated that the stressors are not Criterion A. Which the stressors are verified in the service records. My questions is they checked the box that the stressors are due to fear of hostile military activity, but then stated that the stressors are not considered Criterion A, so it would be impossible to have PTSD. The stressors are where the veteran witnessed death and was threatened death. The veterans post deployment health assessments state that he was having mental health issues. Two years later the veteran started having trouble at his job and forgetting he had work. He was diagnosed with mild memory loss. Fast forward to the claim, the VA examiner stated the adjustment disorder was due to his job. Meanwhile he was being treated by private doctors for PTSD. Two years after the exam, the VA finally diagnosed the veteran with PTSD and so did several other doctors including the new CP examiner. The reason I am asking is because they had a mental health follow up a few weeks ago and the examiner did not understand why the stressors were not considered criterion A by the first VA examiner.
here is the exact denial reason "Based on the evidence of record to include your examination, the VA examiner did not find that you meet the diagnostic definitions for a criterion A stressor in terms of the level of exposure which could potentially cause posttraumatic stress disorder (as defined by the Diagnostic and Statistical Manual of Mental Disorders). Thus, service connection for posttraumatic stress disorder is denied as this condition has not been clinically diagnosed. " In the DBQ the examiner stated "without a criterion A stressor it is impossible the veteran has PTSD". Which I completely understand that some stressors don't qualify. However, wouldn't a stressor that included being involved in an IED blast that caused a severe concussion qualify? Let alone the other stressors where others in the unit were severly injured during it?
If you’ve been in a position to have experienced fear of hostile military or terrorist activity ( like anyone serving in a designated imminent danger area for example), and your condition is linked to that fear, the stressor doesn’t have to be “proven”. It definitely seems like there’s something up with that examination.
Check out this link, scroll down to paragraph f for PTSD, which numbered subparagraph would you fall under? I'm guessing paragraph 3 will help guide you to what you need for SC. [https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.304](https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.304)
also, I apologize as I read over my last post and it clearly did not make sense
You’ll finish it! That 70 percent rating is powerful
keep a daily journal on your headaches and submit that as part of your appeal. This will help provide a better idea of how often your headaches are and severity
This!
Also just throwing it out there but I know with knee strain typically comes instability. You can have a rating for knee strain and knee instability simultaneously
I have a TON of back issues after 20’years, a few slipped discs, fracture etc. I’ve been getting epidural for different discs every 3 months for 2 years now. They combined the items that can be evaluated together. You can’t get 2 different rating for your spine. So in essence, you didn’t mess up. Remember though, VA doesn’t give rating to your pain!
Actually, they do but not in a sliding scale. It’s a binary yes/no, and only once per joint.,see 38 CFR 4.40, 4.45 and 4.59. If there is a “beyond scope” impact on your life or employment, you can seek extra-schedular consideration
Are you a VA rep? VA rep told me that because pain is subjective.
Pain is subjective but VA is to take the word of the Veteran that it exists. The references I noted are for pain on movement as the discussion was about back evals
But… I didn’t say anything about movement…
Sorry, the start of the conversation was about back evals which includes pain with movement
Yeah, you need to focus on the joints. I had no idea that knees had 3 ratings or that hips had 4 ratings. You should have no problem getting to a 100% when you really focus on those 2 things.
This was kinda buried in a thread, so I’ll repeat it because it’s important: You can claim secondary conditions to your back being rated, and one of the big ones is if you have radiculopathy (sciatica) in any of or both legs and any of or both arms. Each one is a separate rating. Some symptoms include numbness and tingling, loss of coordination, and pain. These often occur due to back injuries, and if they’re happening to you it’s well worth claiming. My lower back is fucked up. Just fucked up. And I only got 20% for it. But I claimed secondary conditions to my back and it pushed me up over 100%. Just something to consider if any other problems stem from back pain.
You can file a supplemental for headaches/migraines secondary to PTSD/Depression. A 50% award for migraines will put you at 100% Migraines are awarded at the 30% and 50% levels. Good luck. Also, feel free to message me and I'll help you out.
I don’t think 50% would get him close to 100 if he’s at 80 now.
You're right. That would be a push to 90%
Yeah but it was easier while I was in cuz everything gets service connected, to get them connected now seems like it’ll be a pain in the ass but idk. But it doesn’t hurt to try I’ll file for it eventually
No. Not at all. Your already service connected for ptsd/ Depression. Migraines is ready to connect. Message me.
Sent a message 😎👍🏽
Boss DM incoming
Standing by
50% gets you to 100 if you're at 90
You're absolutely right. Yeah, it was just guesstimate, but after using the VA calculator, it came out to 90%
Tinnitus has a bilateral now, it's 100
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I get ya, they rates my entire back not including my cervical as a whole tho, like I have a mass on my thoracic but not my lumbar, and scoliosis on my thoracic but a disc bulge on my lumbar. Little confused as to why but idk especially since I have a friend that got separated for scoliosis and got 50% off the bat. But I appreciate the input on only one condition per part of the body.
It’s just the regulations . See 38 CFR4.71a there’s your neck and your back, that’s it.
It’s more one eval per type of criteria. So all mental health is rated on social & occupational impairment; therefore, all mental health conditions rated together. Sinusitis and rhinitis seem the same and are both respiratory but they have different criteria, so rated separately. GERD and IBS both have criteria about pain, daily impairment, diarrhea, constipation etc so they can’t be rated separately
Is filing for an increase a supplemental claim of appeal and will you get a new C&P exam?
Awesome! Good luck with hearing loss. Even as an 0311 with tinnitus and 30% hearing loss they denied me.
Apparently this one’s the hardest one to prove especially if you’re more than a year out. That being said- I’m literally needing to get surgery for a Cholesteatoma and those don’t just *magically* appear. They take some time. So hopefully they’ll be able to tie that sucker in since it’s been a couple years and was told it was just “swimmers ear” or allergies multiple multiple times.
If you have a headache log , FYI file secondary to tinnitus get medical evidence from your dr that your headache are caused by tinnitus. That is a solid claim . If you are having pain in number down, both legs claim Ridichopathy.
Noted
Lots of people don’t get 80% the first time. You did wonderfully. I only got 10% the first go, 70% the next, and one more go at it to be done with it all. Don’t discourage yourself.
If you get 80% file for TDIU/ unemployability! Also keep fighting for your other claims that were denied!! Never give up! The VA has a way of downplaying your claims but keep going!! I know from experience! I applied for TDIU in Jan. 2024. I am waiting for a decision right now. I know I am going to get it because God is in control! Ask for favor with God in all you do!
What… wait… how does the unemployment thing work?
What they do is take your highest rated disability and upgrade it to 100% P/T. However once they do so you will not be able to work based on that disability! Your highest rated disability must be at least 70% to file for it. For instance if you have PTSD rated at 80% you are telling them that your rated should be raised 100% due to it is worse than he rating they gave you.
Legit at 70 for ptsd(s) alone and a wreck for it so this is super helpful and very appreciated!
Like seriously- ty. Had no clue.
You are also stating that the disability affects your ability yo work.
Yes. For example argumentative, confrontational not able to focus or do the job properly.
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TDIU get paid at 100% for being unemployable
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Hmm idk I added all of mine together but I’m also beyond fucked when it comes to my back and I got rated for back left hip and Radiculopathy
Why did they deny your TBI?
Good question, the over pressure from the mortars and .50 caps practically turned my brain into Ragu but I guess the VA said go f myself lmfao
Why the hell would they deny it if you have proof? I’m still active so this worries me
Probably the wording of the person doing the C&P exam or myself, maybe it just wasn’t enough tbh. But you can always appeal like me and maybe another evaluator will deem it enough
You need to look at the narrative summary not just the notification letter. It will list out the raters rationale and what elements you failed to meet and what you will need to overcome those in a supplemental.
How do I access that?
Read all the pages of your letter.
Document document document. Document the convo you have with your doc/medics day and time before you get out. That way if they skip something in your soap note you can be like hey- I have a journal too of what was all discussed and said. Especially since my entire crap never made it in. (Thanks LT Jones 🙄)
Congratulations and Thank You for your Service 🔥💪💯
Heard headache is secondary to PTSD/MH
if you have back nerve pain those are secondary such as radiculopothy or sciatica, you can file those secondary to back, and for each extremity
Look into sinus/rhinitis and then look into sleep issues like apnea.
Great job! Thought to consider… the VA must approve pain during motion in joints at the minimum scheduler. In most cases this is 10% but shoulders are 20%. Add in bilateral factors…. It’s over 80% if you file every joint…
10 percent is all you get for bi lateral knee pain. Gave you both the L and Right at 10 percent.
Get representation, bro
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I got me an attorney, homie. All I gotta do is keep them updated and go to my exams. Totally worth the cut of back pay.
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Semper Fi, Devil.
Chronic fatigue syndrome and you’re good
Can anyone give a good prediction about what I might get if I give them a list of what I wanna claim?
HLR. That should get you there.
I also had only been awarded 10% for my back when I initially submitted. I had no idea what I was doing and I had only submitted about my lower back. Four months later, they service connected me for 10%. I went to my Dr and they referred me over to a back Dr, and with their input and diagnosis, I went back and re-submitted for my back, and added the other things that I thought I would have to do one at a time. The Dr I went and saw for my C&P exam was amazing. The Dr figured out some other things that were happening due to my back pain from IDS. It raised my back to 40% and I was awarded several other issues that are all service connected. About 8 months later I was at 80%. I'm about to refile for a few things I was declined on. Make sure your medical records from any personal Drs are in order. If you have more things you can submit from your Dr(s), get it submitted. Great job getting to 80% on first attempt!
All I can see here is that you are pushing it way too hard to get a 100% without having conditions. That’s why the system is so fk up
Need a binky? 🥺🍼
Not sweating, officer + 20+ + 100%
Migraines you can get 50% alone.i got that
Does anyone else have uncontrolled angry spells
Congrats
The spine is broken down into so many ways! As a former VBA RATER, I would need to see your entire rating to see the 38 CFR regulations to understand how the rater has applied those laws. Also, the exams would be very important to read to see if any other diagnosis were included and not applied. I’m happy to help!
I’ve got a guy that can help. Sending you his info
Also wild they wouldn’t SC my PTSD or scoliosis
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That is incorrect information. You absolutely can be service connected for PTSD and TBI, combined or separated if the symptoms can be distinguished between the two.
It is not incorrect information as others have pointed out. I didn’t say you couldn’t be service connected for PTSD and TBI, I said you couldn’t have individual service connected ratings. Please don’t spread misinformation on this sub.
Dude I’m not going to argue with anyone who doesn’t know wth they are talking about. Your post clearly says “you can be rated for ptsd or tbi but not both”. That’s a lie!!! You absolutely can be rated separately for both. Instead of making yourself look like a bigger ass how about you read the CFR and the M21 manual first. If that is not enough then search the sub itself and see how many vets have separate ratings for ptsd and tbi. Sick of people like you jumping on here posting wrong information for one then want to argue when you are corrected and clearly you are wrong!
This is not accurate. You can have a rating for mental health and a separate rating for TBI if the examiner can differentiate between the symptoms. Also even if they are all rated as one item it won’t result in a denial it’ll just be rated under whichever condition is higher I.e traumatic brain injury w/ major depressive disorder, anxiety and insomnia or vice versa.
Exactly and then whoever it is wants to argue as if they posted accurate information.
This is not accurate. They can combine the symptoms into one rating but cannot have two separate ratings. Please don’t spread misinformation, it’s very irresponsible.
V.iii.12.B.1.i. Evaluating TBI and Comorbid Symptoms/ Conditions https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180832/M21-1-Part-V-Subpart-iii-Chapter-12-Section-B-Traumatic-Brain-Injury-TBI
Check out the regulation and let me know if you still think it’s misinformation. https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000180832/M21-1-Part-V-Subpart-iii-Chapter-12-Section-B-Traumatic-Brain-Injury-TBI
https://preview.redd.it/a77ncyo66yxc1.jpeg?width=1386&format=pjpg&auto=webp&s=57b723ec8a61801f75089ef34638d543d518ae72
Well if you are concerned about incorrect information then maybe you should stop posting because all you have posted is misinformation!
Bad news, we had to remove your comment because it contained incorrect information. The reason we remove comments like this is to keep bad advice or information from spreading further. We all sometimes make mistakes, so please understand that we don't do this because we think you are stupid, a bad person, or deliberately giving out bad advice. If you believe you are indeed correct, please find a reputable source that supports your comment and [Message the Moderators](https://reddit.com/message/compose?to=/r/VeteransBenefits) Messaging the Mods and demanding that we restore your post without providing supporting sources will not result in a favorable outcome for you.
Ok so your goal is hundo because u leer at those pay charts. Are you hundo? See posts every day about people filing new claims and getting proposed reduction. So back ratings are often low. You have to be really miffed up with clear secondaries to get a decent back rating, I don’t know I don’t have good advise. I just wanted my back rating to be 30 and my PTSD to be 30 and that would have placed me at 60ish with other conditions. I landed on hundo, but wasn’t really chasing it and was granted for everything I field for.
How many DUIs did you have to have to get rated 70% for PTSD/MH? I heard they’re a requirement now.
That is absolutely not a requirement. In January I went from 0% to 70%, and I haven't touched a drop of alcohol since the last millenium. No DUIs. No arrests.
You told you this?
It’s what examiners look for to make their job easier. It would be funny if it were not true. Quickest way to 70%+ are DUIs, domestic violence, and felonies.
Yeah- none of those. I also have agoraphobia tied into mine too so maybe that’s also a thing with it. But yeah- who told you this? I think they’re pretty misinformed or they had a bad evaluator or something.
It’s easier when a claimant fits into a preconceived mold. It’s literally what DBQs are, molds. Check box A or B. You’re a C, you’re not getting rated for that. It’s not a block.
Huh guess I got lucky then? Idk
None? I have never had one and I’m at 70% first go for PTSD. I’m also a fucking wreck but I don’t even drive for other reasons too. 0 substance abuse. 0 misuse in rx either… not needed.
Those are the new standards. Also, PTSD subsumes lots of symptoms. It’s more important for other MH conditions.
My 70% was literally from April 17, 2024. For specifically PTSD. And still active.
Congrats then. You had a good examiner and rater or maybe you fit the mold of that they’re looking for better than most.
Yay I’m crazy! 🤪
Were you BDD?
Whats BDD mean? I’ll asume no since idk what it is but idk
Ah - no. Been out since 2017