Disability % Question in VA Disability Claims (General) Forum

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Disability % Question

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Grumpy	Disability % Question		Lead	[-]
Posts: 139 Sep 12 12 4:04 PM	Tags : None I have researched this Forum and other sites and have not found much information on benign growths on the brain. I think because they are not that common. I submitted my BDD claim in May and retired 1 July 2012. I have had my C&Ps and my claim is in the Prep for Decision phase. I claimed about 30 conditions so I expect it will be awhile before I hear anything. While still on active duty the growth was discovered incidental to an MRI for a sudden hearing loss, likely due to a virus attacking the blood vessels in my left ear. The MRI did not show anything relating to my hearing loss but did find a growth on my brain stem. It was followed up with another MRI, CT scan and consults with a Neurosurgeon. Since it is on the brain stem it likely cannot be surgically removed. It does not appear to be causing me any issues at this point. I do occasionally have some minor buckling in my left leg but it’s had to know if it is associated with the growth. I mentioned it to my Dr. and the C&P examiner. The Neurosurgeon advised that I get a MRI every 6 to 12 months to monitor and if it enlarges than something will need to be done. It could stay the way it is, then no real physical problem. My question is: Does just the existence of the brain growth rate a 60% as per 38 CFR Book C? I could see the leg buckling rating 10% if attributed to the growth. Thank you Brain, new growth of: 8003 Benign, minimum…….60 Rate residuals, minimum…….10
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Vetn		#1	[url]	[-]
Posts: 285 Sep 12 12 7:28 PM	Sorry to hear about your growth I know having something in the brain they can either see or not see and can'tdo anything about. I have seziures where the mri csn see Dr says the affective area may be so far doen that the mri and cat scans just don't pick it up. Someone will be around hopeful to answer yor question.
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Grumpy		#2	[url]	[-]
Posts: 139 Sep 13 12 8:01 AM	Thank you, I appreciate the kind words.
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Rotor Head		#3	[url]	[-]
Posts: 8007 Sep 13 12 8:41 AM	"...It does not appear to be causing me any issues at this point...My question is: Does just the existence of the brain growth rate a 60% as per 38 CFR Book C?" I don't believe that the existence alone will result in an evaluation of 60%. For this rating they would need to have residual effects from the growth. The following info is from the rating schedule for codes 8000-8025: It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there be ascertainable residuals. Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease. It is of exceptional importance that when ratings in excess of the prescribed minimum ratings are assigned, the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses.
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Grumpy		#4	[url]	[-]
Posts: 139 Sep 13 12 9:35 AM	Thank you Mr. Rotor Head, my thought process was similar and sounds reasonable. But when the CFR says "Benign minimum" it leads you be believe that rating is required residual or not. My C& P examiner said the same thing but when I asked him about Sleep Apnea he said "sleep apnea is not really a disability it just makes you tired during the day" after that I did not ask him any more questions and discounted his opinions. I think I do have a residual as I mentioned in my initial post about my leg buckling from time to time. I told my Neurosurgeon and the C&P examiner but i have no idea if he put that in his report. Time will tell.
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Rotor Head		#5	[url]	[-]
Posts: 8007 Sep 13 12 9:42 AM	If the doctors can tie the leg buckling to the growth, then I say you have a chance at the minimum rating. I would like to wish you good luck with the claim. Though I sincerely hope this condition is, and remains, benign.
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deuce962		#6	[url]	[-]
Posts: 173 Sep 13 12 2:58 PM	A benign growth of the brain will be rated at a minimum of 60% while it exists per 8003. No symptoms are required. In the event that it is ever surgically removed, then residuals, if any, must be rated a minimum of 10% The note that Rotor mentions kicks in if you have the growth removed. Then the rating will be based on residuals, if any. I have a very similiar condition, 8022, which is a benign growth of the spinal cord. It has never been surgically removed, I am rated 60% for it. If it is ever removed, and I have ascertainable residuals, the minimum they can rate it is 10% because the exact same note also covers benign growths of the spinal cord. Best of luck, hope this stays like it is, and not a problem for you.
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