Jump to content



Search



Shoutbox Open the Shoutbox in a popup
@  rootbeer22 : (20 August 2014 - 02:19 PM) Buddy Statements
@  IraqVet : (19 August 2014 - 07:02 PM) Anyone Recieveing Letters From Vfw To Applay For Tricare And Campava Supplimantal Insurance When You Do Not Have 100% Yet....mines Pending But I Wonder If They Know Something I Dont
@  Detonator : (19 August 2014 - 10:51 AM) Insomnia
@  jbasser : (18 August 2014 - 08:29 PM) Folks, Dont Miss The Hadit Radio Show Wed At 1Pm Eastern. The Basser Hour.
@  Thadine : (18 August 2014 - 12:23 PM) Nod
@  carlie : (18 August 2014 - 08:37 AM) Notapb1 - Might Get More Replies If You Post The Questions Into The Forums.
@  notapb1 : (18 August 2014 - 07:26 AM) Looking For Feedback. I Have Applied For Iu. Was Told To Come In For A Psych Eval And Diabetes Clinic. Received A Call From Va They Were Cancelling The Psych Eval As The Doc(?) Who Did It In March(Ptsd Increase) Was Asked For His Opinion And He Was Going To Submit That. This Is The Same Individual Who Told Me Off The Record About Iu And To Contact My Service Officer. Sounds Positive To Me, But I May Be A Little Bias. Thoughts?
@  waltbarb : (16 August 2014 - 08:35 PM) Appeal
@  MarkInTexas : (16 August 2014 - 04:49 PM) Just Testing This "shout" Thing....... Have A Great Weekend Everybody!
@  Notorious Kelly : (16 August 2014 - 04:40 PM) I Reset Firefox And Now Can Read- Probably Kok Issue (Kitties On The Keyboard)
@  Notorious Kelly : (16 August 2014 - 04:25 PM) I Couldn't Read Posts So I Changed Theme To Ipboard Mobile. Now I Can Read And It Says Hadit Custom
@  carlie : (16 August 2014 - 03:32 PM) Raymondb50 - Probably Better To Post Your Question To The Board.
@  carlie : (16 August 2014 - 03:15 PM) Raymondbb50 - What Is It That You Want ?
@  raymondb50 : (15 August 2014 - 09:47 PM) How Do I Change Member Title And Group Info In My Profile?
@  carlie : (15 August 2014 - 08:37 PM) Just Saying Hi To All
@  WoundedWarrior : (14 August 2014 - 08:50 AM) Got Unofficial Word From The Vso - Unofficially Approved For Tdiu, Effective Date 6/3/2014
@  mrmark1999 : (13 August 2014 - 06:23 PM) Ok When You Call The 1800 # You Feel Like They Allways Have Heavy Call Volume
@  Notorious Kelly : (13 August 2014 - 06:08 AM) Hi Autumn - Those Links Aren't Working Thru Shoutbox; Maybe In A Regular Post. Thanks!
@  autumn : (12 August 2014 - 05:46 PM) Http://bit.ly/1Ojvi2B : Why Would A Doctor With A Sense Of Integrity And Really Good Medical Quals Want To Work At This Thug Org? Central Office Ties Their Hands Too Boot.
@  autumn : (12 August 2014 - 05:46 PM) Http://hrld.us/1Rohsam : Progress? Only In The Va Thuggery Imagination. How Many Of Us Got Denied On Nonsensical Logic And Now Wait More Years?

Photo

I Need Help With M21- Interpretation


This topic has been archived. This means that you cannot reply to this topic.
2 replies to this topic

#1 mos1833

 
mos1833

    E-5 Petty Officer 2nd Class

  • First Class Petty Officer
  • PipPipPipPipPip
  • 178 posts
 

Posted 16 May 2011 - 12:51 PM

i was denied in 1985 , because of a defect in my back, ( congential transitional vertebra ) under 5299=5295 they called it an anomaly, is an anomaly the same as a deformity.








5. Until December 13, 2005, the Veterans Benefits Administration (VBA) Adjudication Procedures Manual M21-1, Part VI, 11.06f, stated:

If there is any limitation of motion together with deformity (compensable or noncompensable), add 10 percent under hyphenated diagnostic code 5285-5290 (limited motion of the cervical spine), 5285-5291 (limited motion dorsal spine), or 5285-5292 (limited motion lumbar spine). Whenever there is muscle spasm together with deformity and the requirements for a compensable evaluation under diagnostic code 5295 are met, add 10 percent to the assigned evaluation under diagnostic code 5285-5295.

This provision is consistent with the view that a maximum increase of 10 percent for vertebral deformity may be added to the rating assigned to a spinal segment based on limited motion or muscle spasm. Although the Manual M21-1 does not contain substantive rules subject to public notice and comment, it provides institutional guidance to VBA’s adjudicators as to the interpretation and application of VA’s regulations. Indeed, in the veteran’s case discussed in the opinion request, the regional office applied the 10-percent provision only once, consistent with the interpretation discussed above.

Advertise Here

 

#2 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28573 posts
 

Posted 17 May 2011 - 05:39 AM

There is a slight differences in these terms.

The problem,in your case, is the word 'congenital' and 'defect' if that is how the VA defined your disability..

“Congenital and developmental defects are not disabilities within
the meaning of applicable regulations providing for payment of VA
disability compensation benefits. 38 C.F.R. §§ 3.303, 4.9
(2009). Therefore, such disorders require more than an increase
in severity during service in order to warrant a grant of service
connection. The evidence must show that the congenital or
developmental defect was subject to a superimposed disease or
injury during military service that resulted in increased
disability. VAOPGCPREC 82- 90 (July 18, 1990), 55 Fed. Reg.
45711 [a reissue of General Counsel opinion 01-85 (March 5,
1985)].

The VA General Counsel explained there is a distinction under the
law between a congenital or developmental "disease" and a
congenital "defect" for service connection purposes in that
congenital diseases may be recognized as service connected if the
evidence as a whole shows aggravation in service within the
meaning of VA regulations. A congenital or developmental defect,
on the other hand, because of 38 C.F.R. § 3.303©, is not
service connectable in its own right, though service connection
may be granted for additional disability due to disease or injury
superimposed upon such defect during service. VAOPGCPREC 82-90.”

http://www.va.gov/ve...es4/1039099.txt


DO you have any medical opinion that would consider this as a disease that was aggravated by service?

#3 mos1833

 
mos1833

    E-5 Petty Officer 2nd Class

  • First Class Petty Officer
  • PipPipPipPipPip
  • 178 posts
 

Posted 17 May 2011 - 11:46 AM

There is a slight differences in these terms.

The problem,in your case, is the word 'congenital' and 'defect' if that is how the VA defined your disability..

“Congenital and developmental defects are not disabilities within
the meaning of applicable regulations providing for payment of VA
disability compensation benefits. 38 C.F.R. §§ 3.303, 4.9
(2009). Therefore, such disorders require more than an increase
in severity during service in order to warrant a grant of service
connection. The evidence must show that the congenital or
developmental defect was subject to a superimposed disease or
injury during military service that resulted in increased
disability. VAOPGCPREC 82- 90 (July 18, 1990), 55 Fed. Reg.
45711 [a reissue of General Counsel opinion 01-85 (March 5,
1985)].

The VA General Counsel explained there is a distinction under the
law between a congenital or developmental "disease" and a
congenital "defect" for service connection purposes in that
congenital diseases may be recognized as service connected if the
evidence as a whole shows aggravation in service within the
meaning of VA regulations. A congenital or developmental defect,
on the other hand, because of 38 C.F.R. § 3.303©, is not
service connectable in its own right, though service connection
may be granted for additional disability due to disease or injury
superimposed upon such defect during service. VAOPGCPREC 82-90.”

http://www.va.gov/ve...es4/1039099.txt


DO you have any medical opinion that would consider this as a disease that was aggravated by service?

thanks berta

but the best iml i can get is IT MAY BE related, and thats not good enough.




Advertise Here