One of the best things about the internet (for us old timers from the original electronic veterans community circa 1989) is that the VA Schedule of Ratings is now mere clicks away. This is only from the last exam I had. For example, she responded that I have “obsessional rituals which interfere with routine activities” and “difficulty in adapting to stressful circumstances including work or work like setting” both of which fall in the 70% criteria. 10% for the DDD in my lumbar spine and 10% for the IT band in my left hip. “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table.Evaluate emotional/behavioral dysfunction under §4.130 (Schedule of ratings—mental disorders) when there is a diagnosis of a mental disorder. When i would goto my appointments I remember it clearly to this day my appointment would be at 10am i would arrive there at about 930am but for some reason, other veterans were being seen before me and almost every time i would have to wait about 3+hrs after my appt to be seen. However, the caveat here is I related this to having a new baby, so it may only be seen as acute and directly related to the circumstance.
In any event, as I talked to hundreds of Veterans, studied their sleep apnea claim C-Files, read the BVA decisions, and talk to medical doctors and sleep specialists….I found what I believe to be the single greatest reason 75% of you will be denied service-connection for sleep apnea. The VA did not identify the medication he received for insomnia, though the New York Times has reported that it was Trazodone, an antidepressant commonly used to treat the condition. Ratings in excess of 10 percent for brain disease due to trauma under Diagnostic Code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. 38 C.F.R. § 4.124a, Diagnostic Code 8045; 38 C.F.R. § 4.130, Diagnostic Code 9304. The veteran’s sleep study at John Cochran VA Medical Center pulmonary lab did not conclusively diagnose obstructive sleep apnea but the veteran has been treated with success using CPAP machine as if he were diagnosed with obstructive sleep apnea.
However, at no time since the grant of service connection for this condition has the evidence shown that the veteran has been diagnosed with multi-infarct dementia associated with brain trauma. Tinnitus is rated on a scale ranging from “slight” to “catastrophic,” depending on the level at which it interferes with daily activities like sleeping or talking. The evidence associated with the veteran’s claims file does not show that the criteria for a disability rating in excess of 10 percent for concussion headaches have been met. The Veteran does not have GERD that is either related to his military service or caused or aggravated by a service-connected disability. If the manifestations of two or more conditions cannot be clearly separated, assign a single evaluation under whichever set of diagnostic criteria allows the better assessment of overall impaired functioning due to both conditions. There is no reasonable doubt on this issue that can be resolved in the veteran’s favor. Most children/parents reported disturbed, fragmentary sleep at night; complaints were motor restlessness (50%), sleep walking (47.6%), night terrors (38%), confusional arousals (28.5%), snoring (21.4%), and leg discomfort at night associated with RLS (11.9%).
High-frequency hearing loss is normally the first symptom of this type of noise-induced hearing loss. The Board has considered all other potentially applicable diagnostic codes. We use photo-oculodynia to describe light-induced eye pain from a normally non-painful source (e.g. Moreover, the headaches which he has reported are not shown to be prostrating in severity. Since these conditions are not directly caused by the trauma to the brain, they are not rated here but are rated separately. Even if a veteran could find work, the work must be substantive and ongoing to disqualify the veteran from IU. Without a diagnosis of multi-infarct dementia, he simply is not entitled to a schedular disability rating higher than 10 percent.
The veteran does not meet these criteria, and there is no reasonable doubt on this matter that could be resolved in his favor. Claimants provide statements from spouses or colleagues that they snored heavily in service, had difficulty sleeping and point to medical records showing fatigue or trouble sleeping. The issue of entitlement to an extraschedular disability rating pursuant to 38 C.F.R. § 3.321(b) for the veteran’s condition has been raised by his statements and testimony herein. This veteran stated he never received medical treatment and was returned to duty. A claim of entitlement to an extraschedular evaluation is implicit in his claim for an increase in such a circumstance. Therefore, service connection for chronic pain syndrome secondary to IT band syndrome left hip and DDD L5-S1 is denied because you are already service connected for these conditions due to symptoms of pain.
1 A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. also will they rate my symptoms seperately or will they call it pyramiding? App. 337 (1996). In exceptional cases where schedular evaluations are found to be inadequate, the RO may refer a claim to the Under Secretary for Benefits or the Director, Compensation and Pension Service, for consideration of “an extraschedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities.” 38 C.F.R. § 3.321(b)(1). “The governing norm in these exceptional cases is: A finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards.” Id.
In this case, the RO has not expressly considered whether an extraschedular rating is appropriate for the veteran’s condition. Nevertheless, the Board is not precluded from concluding, on its own, that referral for extraschedular consideration is not warranted. See Bagwell, 9 Vet. App. at 339 (BVA may affirm an RO conclusion that a claim does not meet the criteria for submission pursuant to 38 C.F.R. § 3.321(b)(1) or reach such a conclusion on its own) (emphasis added). App.
The veteran has not required any periods of hospitalization for this condition, and there is no evidence in the claims file to suggest marked interference with employment as a result of this condition that is in any way unusual or exceptional, such that the schedular criteria do not address it. His symptoms, consisting of headaches, dizziness, and insomnia, are contemplated in the disability rating that has been assigned. In other words, he does not have any symptoms from his service-connected disorder that are unusual or are different from those contemplated by the schedular criteria. Loss of industrial capacity is the principal factor in assigning schedular disability ratings. See 38 C.F.R. They concluded that photophobia “seems to be an intrinsic property of migraineurs”. Indeed, 38 C.F.R.
If you have one or more of these conditions, see if it qualifies to be rated under TBI. Derwinski, 2 Vet. App. 289, 293 (1992) and Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993) [noting that the disability rating itself is recognition that industrial capabilities are impaired].
The veteran stated he does not like relating the events he experienced in Iraq and thus has written 10 pages which he will hand to providers at the VA when they ask about his experiences. In the absence of any evidence that reflects that this disability is exceptional or unusual such that the regular schedular criteria are inadequate to rate it, referral for consideration of an extraschedular rating is not in order. The VA doc made me an apointment to see VA mental health for the very first time next week. Fenderson v. West, 12 Vet. App. 119 (1999).
However, the evidence shows that since the effective date of the award, there have been no identifiable periods of time during which the veteran’s residuals of head trauma with headaches have warranted a rating greater than 10 percent.