List the area of the body, or list the conditions?

Roxyewp

PEB Forum Regular Member
Registered Member
We are working with a VSO, and have am appointment with him on Friday, but would like some feedback in advance.

If you have multiple problems in one joint, or area, do you have to list them all seperately in the claim. For example.. my husbands original claim was for back spasms... after an MRI, he found there was more going on there. The following conditions were all listed as a result of a civilan DR ordred MRI..

1. degenerative disc diseas of L5-S1
2. arthritis
3. spinal hypertrohy
4. spinal stenosis

So, does he leave the claim as "back spasms," and let the VA figure it all out, or change the claim to be all of the above?

Another question, He had bilateral hammer toes, and he had them operated on in July of 2008, 4 months after discharge to the TDRL. Should he claim for the scars from that surgery? Personally, I think his feet are hideous, considering that the surgery left him with 4 inch scars down his feet/ toes, and they basically cut his middle toe in half, but he doesn't seem to care what they look like. I don't know if the VA medical board looking at the claim sees things like scars and automatically doesn't want to help you because it is cosmetic, or if they are more likely to help you because your claim lists more things. Sorry, I am new to this and really don't know what is relevant. All I know is that I alone have to support my family because of his disabilities, and I don't know how to help the VA understand that so that he can receive compensation to help our family.
 
The VA is required to consider all applicable theories of grant of a claim, so it is only necessary to claim a disability generally. So, any claim of, say, "back disability" should result in consideration of any possible basis for a rating. That said, a specific claim of a basis for rating (more likely taking into consideration the rating criteria, i.e., a degree of limitation of range of motion or incapacitating episodes) may help direct the rating official to a correct decision. Bottom line, they should consider all possible bases for granting a rating.

He should claim all conditions that are reasonably service connected. I would claim the scars (there are ratings for this, depending on the size or the stability and pain of the scar), so claim it and see what they say. If there are residual disabilities, or claims based on the hammer toe, he should claim those, too.

I hope all goes well with his claim and he gets what he deserves!
 
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