Do you feel your conditions deserve a 100% ratings, also doing a reconsideration can end up with your rating being lowered
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I believe that I was either rated incorrectly (wrong code) or rated at the minimum which I clearly meet a higher rating conditions.
Waiting on 199 to find out.
On which condition if you don't me asking
Hip replacement is what i am expecting
5054 Hip replacement (prosthesis).
Prosthetic replacement of the head of the femur or of the acetabulum:
For 1 year following implantation of prosthesis ..............................................100
Following implantation of prosthesis with painful motion or
weakness such as to require the use of crutches ...................................... 90
Markedly severe residual weakness, pain or limitation of motion
following implantation of prosthesis...............................................................70
Moderately severe residuals of weakness, pain or limitation of motion......... 50
Minimum rating......................................................................................................30
Exactly, I am using a cane to walk. I also have been referred to pain management. I dont think that rates 30.
Now, this is speculation, but i dont have many unfitting ratings. So i expect that is what they gave me.
Did you have a ROM test? I think range of motion plays a big part like it does with moth conditions
I did have a rom test. But even if i passed but i still have pain requiring pain management. I think that would qualify for higher rating.
Not a pass or fail, they go off you range of movement with your hip and any pain that associated with it, if you range of motion isn't limited then you may not qualify for a higher rating, so if it isn't noted that you are limited in range motion or pain associated with range of motion (not the fact you went to pain management) then they won't rate you for highest rating
Bad terminology on my part. I should have said I gained most of my rom. I will reply back later with numbers. But my reasoning that it should be higher is the wording "or limited range of motion".
That states ROM is a factor but not the sole factor. Pain itself would justify higher rating. As would the use of a cane demonstrating residual weakness.
Just know that doing a reconsideration can result in a lower rating so unless your 100% sure (with medical backing)that you deserve the higher then by all means shoot for it, just know that that ROM pays a MAJOR role, as they base the pain of the range of motion more than pain itself, so if in your notes inside your Narsum shows pain with range of motion in which is very limited,
Good Luck
Good Luck
@Combat Eng - That is funny my hubby is a Eng also! As far as a plan for when he is seperated. Well, he has a Masters in Engineering but the attorney told him not to go to work or get anymore schooling while he is on TDRL. He was told he would get TDRL due to the PTSD. The attorney said we don't want the VA to think he can work or do school so to wait until it goes permanent. This sound familiar to you or anyone else? After it goes permanent, then he will decide at that point what to do. We already own two houses so we are good there.
Indeed, your attorney is providing good insightful information in my opinion; good deal!
To that extent, some military service members receive a TDRL finding for PTSD at the minimum DoVA 50% proposed rating as based upon 38 CFR 4.129 criteria if applicable.
Moreover, it seems rare that a military service member receives a PDRL finding from the PEB albeit I know of at least seven military service members on this Forum who have self-reported receiving a PDRL finding from a PTSD medical condition. Therefore, it's feasible as based upon each military service member's documented medical evidence showing PTSD symptomatology in my opinion.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
@ Warrior644 - Yes that is what I hear as well. He has both physical and mental issues. PEB unfit for PTSD with MDD, back (herniated disc, tear, S1 L1, Sciatica, DDD), and his partial foot loss due to botched surgery on bone and fascia. I wish it would just go to TDRL the first go around. It is in the VA ratings stage now. I will get hubby to call them back also as the soldier mentioned above for him to do.
Reason i asked if there was a plan was because even though you've been waiting longer than you want to, he still till getting a paycheck and the wait isn't over once he retires will be another couple months or so before his VA kicks in so just giving the heads u unless he has a job lined up post retirement wait along as possible while on AD and save those paychecks
With DOD right away you start getting paid 30 days or so later, but you won't be seeing nothing from the VA 2-5 months, maybe shorter maybe longer
Hmm, do you really want TDRL; just out of curiosity?
To that extent, I requested PDRL during my first PEB appeal but was unofficially informed that TDRL shall be the resulting PEB finding as based upon meeting the requirements of the 38 CFR 4.129 criteria only.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
@Warrior644 - No he really doesn't want TDRL. That is just what the Pueblo and attorney is telling him he most likely will get. Sounds as if you had to appeal the PEB. How did that go?
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