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  #1  
Old 8 June 2018, 13:04
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Any VSOs on SOCNET?

I'm looking to bounce a few issues off a current/active VSO.

Thanks!
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  #2  
Old 28 June 2018, 22:18
Michnoook Michnoook is offline
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Not a VSO, but I am a VSR (veteran service rep) what is your question?
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  #3  
Old 29 June 2018, 01:55
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Quote:
Originally Posted by Michnoook View Post
Not a VSO, but I am a VSR (veteran service rep) what is your question?
I have been hearing that the V.A. working on a Disability Rating for Pain to go along with a service connected disability!


Have you heard anything on it. It is suppose to be in draft form now.
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  #4  
Old 29 June 2018, 19:16
Michnoook Michnoook is offline
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what kind of pain? Do you have a copy of your service treatment records?
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  #5  
Old 29 June 2018, 19:19
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Feel free to send me a private message
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  #6  
Old 29 June 2018, 20:57
Fu King Lawyer Fu King Lawyer is offline
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U.S. Court of Appeals for Veterans Claims in DeLuca v. Brown, 8 Vet. App. 202 (1995). In DeLuca, the court held that when federal regulations define joint and spine impairment severity in terms of limits on range of motion, VA claims adjudicators must consider whether range of motion is further limited by factors such as pain and fatigue during "flare-ups" or following repetitive use of the impaired joint or spine.

VA has been failing to comply with its duty to assist for decades.

Just a suggestion, but if you have a GP following you, have the Doc document the painful motion and then attach it to a statement in support of the claim,
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  #7  
Old 29 June 2018, 22:06
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Quote:
Originally Posted by Fu King Lawyer View Post
U.S. Court of Appeals for Veterans Claims in DeLuca v. Brown, 8 Vet. App. 202 (1995). In DeLuca, the court held that when federal regulations define joint and spine impairment severity in terms of limits on range of motion, VA claims adjudicators must consider whether range of motion is further limited by factors such as pain and fatigue during "flare-ups" or following repetitive use of the impaired joint or spine.

VA has been failing to comply with its duty to assist for decades.

Just a suggestion, but if you have a GP following you, have the Doc document the painful motion and then attach it to a statement in support of the claim,
What I have been hearing is you will be rated between 1-10 for pain, for disability an that you can receive a different disability rating just for the pain level. I am not sure if this is what you are referring above. This is being discussed at the Department V.A. in DC. Thanks for the info above I will look it up.
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Old 29 June 2018, 22:20
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I agree with FU King lawyer and not all VBA offices are the same. It would help me give you advise if you could tell me where the pain is located and if you were seen while in the military.
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  #9  
Old 30 June 2018, 01:20
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Originally Posted by Michnoook View Post
I agree with FU King lawyer and not all VBA offices are the same. It would help me give you advise if you could tell me where the pain is located and if you were seen while in the military.
I am not talking about my self. Just something I have been hearing about a change that is being looked at. A New disability rating just for Pain.
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  #10  
Old 30 June 2018, 01:32
Michnoook Michnoook is offline
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Ok, so pain has to be service related and have a nexus to recent treatment records. What were you treated for while you were in the military?
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  #11  
Old 30 June 2018, 01:57
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Quote:
Originally Posted by Michnoook View Post
Ok, so pain has to be service related and have a nexus to recent treatment records. What were you treated for while you were in the military?
I am just asking if anyone has heard anything about a new disability just for PAIN that all.
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  #12  
Old 30 June 2018, 03:32
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Quote:
Originally Posted by Michnoook View Post
I agree with FU King lawyer and not all VBA offices are the same. It would help me give you advise if you could tell me where the pain is located and if you were seen while in the military.
Good on you for stepping up and offering help, but slow down and RTFQ.
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  #13  
Old 30 June 2018, 08:07
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We're also not going to have one catch all thread where random questions are asked and partially answered.
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  #14  
Old 30 June 2018, 08:07
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Pain in itself is not compensated. Pain can be compensated in connection with a service connected contention.

For example. You hurt your shoulder in service. During the exam, the doc remarked that you have painful movement and the x-rays showed arthritis. Your shoulder is rated at 20%, the painful movement due to arthritis CAN be rated at 10%.

FKL is 100% is correct, it is missed a lot.
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  #15  
Old 2 July 2018, 08:41
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Originally Posted by wildman43 View Post
I am just asking if anyone has heard anything about a new disability just for PAIN that all.
Wlidman,

Yes, there was / is a proposal to investigate this...

I has little traction in the VA, and less in Congressional Committee.

It is an outgrowth of the failed proposal to create a "Quality of Life" rating that would have gone into evaluation of a veteran's rating...

It is all eyewash, will not happen, IMHO.
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  #16  
Old 2 July 2018, 13:01
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On April 3, 2018, the U.S. Court of Appeals for the Federal Circuit issued a decision in Saunders vs. Wilkie, 886 F.3d 1356, 1369 (Fed. Cir. 2018). Based on this decision, the following guidance is being provided to assist in the processing of appeals currently pending before VA.

Issue: The U.S. Court of Appeals for the Federal Circuit decision, in Saunders vs. Wilkie, changes the pathology requirement to grant service connection for pain, and overturns the decision of the U.S. Court of Appeals for Veterans Claims (CAVC) in Sanchez-Benitez v. West, 13 Vet. App. 282, 285 (1999). In Saunders vs. Wilkie, the Federal Circuit Court found the Board of Veterans’ Appeals legally erred as to its interpretation of the meaning of “disability” under 38 USC § 1110, and that pain alone, can without an accompanying diagnosis of a present disease, now qualify as a disability.

Discussion: Saunders vs. Wilkie provides that a disability under 38 USC § 1110 “…refers to the functional impairment of earning capacity, not the underlying cause of said disability.” In addition, the Federal Circuit Court found that "pain in the absence of a presently-diagnosed condition can cause functional impairment.” (emphasis added). Additionally, in determining whether pain reaches the level of functional impairment of earning capacity, both medical and lay evidence must be considered. (A Veteran's lay assertions may be weighed against contrary medical evidence, but not categorically dismissed.)

Please note this ruling changes previous VA guidance that mere pain, without a diagnosed or identifiable underlying malady or condition, did not constitute a disability.

Appeals Processing Guidance: Effective April 3, 2018 the Saunders vs. Wilkie decision, for any appeal currently pending before VA, the appealed issue of pain can constitute a disability, if the pain reaches the level of functional impairment of earning capacity. However, as noted by the Federal Circuit Court, a Veteran cannot “…demonstrate service connection simply by asserting subjective pain—to establish a disability, the veteran’s pain must amount to a functional impairment.” Saunders vs. Wilkie at 1367-68. Thus, even if a Veteran’s pain is objectively confirmed by a doctor (“yes, she has pain”), the pain must functionally impair the Veteran to constitute a disability.

Please note, for effective dates based on this decision, 38 CFR 3.114 would not apply as "decisions of the court invalidating VA regulations or statutory or regulatory interpretations do not have retroactive effect in relation to prior 'final' adjudication of claims" (VAOPGCPREC 09-94). Therefore, for any grant of service connection based on the Saunders vs. Wilkie decision, the effective date can be no earlier than the date of the Federal Circuit Court decision (April 3, 2018).

Additional Information: Revisions to the M21-1 Adjudication Manual are currently under review based on the Saunders vs. Wilkie decision and will provide further instructions. The full text of the Saunders vs. Wilkie decision is available publicly on the CAVC’s website at http://www.cafc.uscourts.gov/sites/d...4-2-2018.1.PDF
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  #17  
Old 2 July 2018, 13:56
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Quote:
Originally Posted by Michnoook View Post
On April 3, 2018, the U.S. Court of Appeals for the Federal Circuit... ]
Got this today also. Wouldn’t you know it... a few days after I posted that it had to be with a service connected issue.
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  #18  
Old 2 July 2018, 15:17
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[QUOTE=Michnoook;1058734278]

Additional Information: Revisions to the M21-1 Adjudication Manual are currently under review based on the Saunders vs. Wilkie decision and will provide further instructions.


This is what I had been hearing a little bits about.


Thanks I am in luck I get a disability for my injury an have more pain now as I am getting older. I look at some of you guys that are in your 30's & 40's an think if I knew what I know now at your age
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  #19  
Old 2 July 2018, 23:27
Michnoook Michnoook is offline
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I actually recieved this today.
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