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    • I agree with Berta. Ask for a CUE on the information they didn't use.
    • Non Expert opinion here, if your SC Ratings aren't "Locked IN" per VA Regs, your kinda Screwed and I think you have (2) options. After you get the Award/Denial Letter, you could immediately file an "Official Request for a CUE Review" or be prepared to jump on the NOD Train right away. You might be well served to discuss both options with a Very Senior VSO DRO Appeals Rep. An experienced trained eye, might be able to pick out a CUE issue to address. Could get your reduction unscrewed in as little as a couple months, worked recently for me, took 2 mos. Do you see a VMC Phys Therapist on a regular basis? What do your most recent VA PT Dept ROM Clinician Notes indicate? I assume you filed for the SC Increase based on a Verified worsening of your back condition. What was your ROM evidence? Semper Fi  
    • http://www.blogs.va.gov/VAntage/26013/the-appeals-process-remands/ Author :Catherine Trombley
    • Just wanted to give anyone later reading this an update: I was rated 70% on the 28th of September and then retro just hit this morning. (30th) Just wanted to thank all that have helped me and other veterans through this process. You truly do not know how much you have helped my family and others with this process. My two cents: Document, document, document! Keep everything and have all your ducks in a row before you file a claim. It makes it so much easier. I had also filed an intent to file claim before I formally requested an increase just to make sure I had all my documents together. Lastly, please do your research thoroughly before you file. It helps out tremendously. Again, thank you all!
    • So update they found everything service connected but at a 0% rating so I'm still 90% but yet there's a check going in for a huge amount and I downloaded my award letter and it still says 90% but a different monthly check amount that's more then what I was getting.  The only smc is smc k1 





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navyvet

Neuropathy

17 posts in this topic

I had been rated at 10% for left foot 10% for right foot 10% for upper left leg and 10% for upper right leg.

I had the required exam that found my neuropathy had worsened . The VA changed my Rating to 20% for left foot and 20 % for right foot, however there is now no rating for left and right upper.

IS THIS STANDARD ROUTINE OF THEM ?

WHAT SHOULD I DO ?

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"I had been rated at 10% for left foot 10% for right foot 10% for upper left leg and 10% for upper right leg."

this is highly irregular, and borders on the prohibition against pyramiding. the rater who did this was incorrect. probably what happened is the next rater came along and corrected the erroneous rating. he did not take anything away from you, you are still 20 percent for each lower extremity. but on the other hand, he did not give you the increase you were seeking. bottom line, it will not do you any good to try to get back a separate rating for your lower and your upper legs. won't happen. best to go after a rating for peripheral neuropathy of the left and right upper extremities. got numbness and tingling in your hands?

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"I had been rated at 10% for left foot 10% for right foot 10% for upper left leg and 10% for upper right leg."

this is highly irregular, and borders on the prohibition against pyramiding. the rater who did this was incorrect. probably what happened is the next rater came along and corrected the erroneous rating. he did not take anything away from you, you are still 20 percent for each lower extremity. but on the other hand, he did not give you the increase you were seeking. bottom line, it will not do you any good to try to get back a separate rating for your lower and your upper legs. won't happen. best to go after a rating for peripheral neuropathy of the left and right upper extremities. got numbness and tingling in your hands?

I have numbness and tingling at times in left hand and the left leg is numb to the hip , maybe a little in left leg but definitely not as bad as the left. I had an Electromyography test about 3 months ago and dr said I had moderate neuropathy in feet . and noted some in upper but not as bad .

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see, neuropathy is rated as for incomplete paralysis of the peroneal nerve, which serves the leg below the knee. for neuropathy in the entire leg, it should be rated as for incomplete paralysis of the sciatic nerve, which serves the entire leg. but there should NEVER be two ratings for the same leg.

if you have numbness and tingling in your hands, put in a claim for neuropathy of the upper extremities.

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see, neuropathy is rated as for incomplete paralysis of the peroneal nerve, which serves the leg below the knee. for neuropathy in the entire leg, it should be rated as for incomplete paralysis of the sciatic nerve, which serves the entire leg. but there should NEVER be two ratings for the same leg.

if you have numbness and tingling in your hands, put in a claim for neuropathy of the upper extremities.

Somehow I have the feeling my SO is going to flip . I asked him why they did away with it and got the answer "thats what they decided" with no explaination....

I am on 1200 MG of gabupentin and it has helped but know that its only temporary .I dont have the strength in my left hand like I use to .

If they rule in my favor do you think they will assign disability for sciatic nerve instead of peroneal nerve damage ? I take it its different?

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if you have a VSO, ask him for a copy of the "codesheet" from your last rating. that will show what diagnostic code your neuropathy is rated under. 8521 is the coding for the peroneal nerve. 8520 is the coding for the sciatic nerve.

if you are not coded 8520 for the left leg, and you have demonstrable neuropathy in the entire leg, submit a letter asking to be rated under the 8520 coding and explain why. (the evaluations under the sciatic nerve go higher than those for the peroneal nerve). appeal if you are turned down. that is only if you can show by objective evidence that your entire leg is involved.

numbness, tingling, decreased grip strength, and loss of fine motor coordination are hallmarks of neuropathy in the hands. if you think you qualify, make the claim. it costs you nothing to ask.

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