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    • Yesterday afternoon on what was a really bad physical day for me I got a call from my lawyer, asking me if I had received anything from the Dept of Veteran Affairs...I said no I hadn't checked my mail yet.  He had received a Summary of Case pertaining to my appeal. He said it stated I was rated at 70% for a mental health condition and it went on to say the total amount and the amount withheld for him my lawyer. He was very pleased. However, I was confused. I wasn't sure why it was only about one condition I assumed maybe all the other conditions were differed as I have heard has happened to other Veterans. I checked the mail box on my way out and read through everything in a parking lot and that same feeling from four years ago came back to me, I was denied on all of my physical conditions for a second time, after the Decision Review Officer pretty much told me my case seemed to be clear cut. With the SOC a form 9 was sent. For the denial each one stated that the examiner said my condition was less than likely caused by my time in service and that the condition should get better. My lawyer said he was going to review the SOC when he got a copy. I know I will need a really good IMO or IME that will show the problems I have still bother me and have not gotten better, I just I don't know. It feels like they gave me a large rating on their hiccup and decided to skip the rest. (For anxiety and depression my C&P examiner said I did have a mental health condition rated at 10% but I was denied in the end without being given a reason)  I know I should be happy about my win but it has been really difficult for me. My husband (also a Veteran) who has not supported me in my fight with the VA is beyond thrilled about all this. I tried to explain to him that it's not about the money it's about getting treated for my conditions that are service connected.  The summary of case I received says the decision was made on July 20th, I didn't get anything that says what my current rating will be but being already 30% I reckon I'll be bumped up to 80% Nothing on E Benefits has changed, it still shows that my appeal is open. Does that happen often?  Would anyone be able to tell me if I will be getting a new copy of my AB8 or is that something I'll have to call in for?  I haven't gotten any retro yet but I'm not worried about when that will happen what I would like some insight on is when I'll start receiving the new increase, if the award was decided on July 20th would that be early enough to begin getting the new increased award amount in August? Little Timeline Discharged in June 2010 claim filed previous month July 2012 denied all conditions approved for TB September 2012 NOD filed August 2013 VA deleted my NOD and a new one was immediately filed they claimed it was done wrong lawyer error September 2015 DRO face to face at ATL RO July 20th 2016 decision made Thanks for reading, Natalie
    • I personally would never correct a C&P examiner no matter how bad or incomplete I thought it was going.  I too, had a C&P where the examiner should have measured a scar, but didn't.  So, when they tried to rate, they couldn't and I had to go to a second C&P for measurement.   When I got my decision (a win), the second examiner added a claim for acne, which was service connected.  Which I never claimed, but he found in my med record. FWIW, the second examiner was better than the first, but you don't get to choose, and its a lottery, but, Telling someone how to do thier job, especially in the VA where your claim can go away for a long while, is probably not a good idea. But you can diss-agree (NOD) and thats fair game, because thats the way they play,  Or reopen with new evidence, as I have done. Hamslice  
    • Do some homework on your C&P examiner and find out all you can about him. Why some C&P Exams are not as good as others...  I hope the link comes out ok. My point is, find out all you can about who/what your Drs. are;  especially if the VA contracted your C&P to an outside firm.. The contractor  may or may not be looking out for the veteran.  Below is one of the firms contracted with the VA to do C&P's.   My first impression of this firm is that they may not have the "most experienced" DR's to preform the VA C&P.   Note I did not say they are not good DRs, only they might not have the knowledge of conducting a "VA PROPER"  C&P. One of my friends had a C&P done at this contractors facility and the DR. was not interested in any of the material he brought with him.  Basically my friend sat there in front of the DR while he entered/looked at a bunch of stuff on his computer..  Asked my friend a few questions, looked at his scars(did not measure them) and that was about it.  30mins later the exam was done. Oh yeah, he asked my friend if he had any pain..  This C&P was a result of a NOD he filed on his original claim denied for SLE (Lupus) . VA denied the claim without scheduling a C&P for him.  Will be interesting to see his results of the C&P Home About Us Services Our Clinics Physician Opportunities Employment MSLA News & Links Veterans  Call Us Today Toll Free 866.4.MSLACA MSLA Clinics Special Contracts Worker's Compensation Become a Veterans Affairs C&P Provider Become a Veterans Administration C&P Provider   Help Our Veterans by Becoming an MSLA C&P Provider Medical Support Los Angeles (MSLA), A Medical Company contracts with the U.S. Department of Veterans Affairs (VA) to conduct compensation and pension (C&P) evaluations in California, Nevada & Hawaii.   Current Opportunities  We are constantly recruiting independent examiners in all areas of specialty to join our provider network. Various work schedules are available, including evenings, weekends and part-time.  Our Medical Director and Quality Assurance staff will provide you with necessary training to become a registered and qualified C&P examiner.   What is a C&P examination? C&P examinations do not involve treatment and each evaluation consists of reviewing the veteran’s subjective complaints (history), followed by the examination.  The examiner completes the appropriate Disability Benefits Questionnaires (DBQ) that is utilized in the disability evaluation process.  DBQs contain check boxes and standardized language to streamline the process enabling providers to capture important information needed by VA to accurately evaluate and promptly decide Veterans' claims for benefits. Why Choose MSLA? No administrative burden or collection hassles. Industry standard payments of provider services that is promptly processed. Providers have independence to focus solely on conducting the highest quality examinations/evaluations. Our staff schedules all examination appointments; provides examination instructions/directions by letter to each Veteran; and each Veteran is assigned a caseworker to help them through the examination process.   We Look Forward to Working with You We would love for you to be part of the MSLA Team that aspires to take care of those who have so bravely served our country! If you or any of your colleagues are interested in serving our Veterans, please complete the provider contact form or contact our recruiting department at: XXX-XXX-XXXX. Help Our Veterans by Becoming an MSLA C&P Provider   Medical Support Los Angeles (MSLA), A Medical Company contracts with the U.S. Department of Veterans Affairs (VA) to conduct compensation and pension (C&P) evaluations in California, Nevada & Hawaii.  
      Current Opportunities 
      We are constantly recruiting independent examiners in all areas of specialty to join our provider network. Various work schedules are available, including evenings, weekends and part-time.  Our Medical Director and Quality Assurance staff will provide you with necessary training to become a registered and qualified C&P examiner.  
      What is a C&P examination?
      C&P examinations do not involve treatment and each evaluation consists of reviewing the veteran’s subjective complaints (history), followed by the examination.  The examiner completes the appropriate Disability Benefits Questionnaires (DBQ) that is utilized in the disability evaluation process.  DBQs contain check boxes and standardized language to streamline the process enabling providers to capture important information needed by VA to accurately evaluate and promptly decide Veterans' claims for benefits.
      Why Choose MSLA?   No administrative burden or collection hassles. Industry standard payments of provider services that is promptly processed. Providers have independence to focus solely on conducting the highest quality examinations/evaluations. Our staff schedules all examination appointments; provides examination instructions/directions by letter to each Veteran; and each Veteran is assigned a caseworker to help them through the examination process.    
      We Look Forward to Working with You
      We would love for you to be part of the MSLA Team that aspires to take care of those who have so bravely served our country!
      If you or any of your colleagues are interested in serving our Veterans, please complete the provider contact form or contact our recruiting department at: 866-4-MSLACA. MSLA Medical-Legal Evaluations Appointments scheduled in 30 days
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    • I've had a few C&P exams go in my favor that I really thought the doc either didn't care or was incompetent. I say that because they just asked me questions and I answered them.  I was honest in my answers, but they did no exam to confirm my statements. Off the top of my head, my deviated septum and BPH were rated without the doc doing any type of exam.  All they did was ask questions.   I agree with waiting until it shows up on the blue button.  

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rgero311975

Radiculopathy Lower Extremity Percentage Question!

11 posts in this topic

I have been stuck at 10 % for years and I dont understand why? I have read the chapter 38 regulation on the percenatage for my disability,but its still rated analogous and this is so wide open.. They keep saying my radiculopthy is rated as mild ...? I dont understand how they rated this at all how can you get above 10% without having leg drop or something? I am in a wheelchair and i cant really walk on it becasue it givies out on me and i have numbness in it and pain!!

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Im rated 10% and from what I can gather you are exactly right-short of EMG findings showing permanent damage, mild encompasses everything unless you have muscle withering, foot drop, partial paralysis, etc. Im rated 50% over all-10% tinnitus, 10% Rt Leg radiculopathy, and 40% DDD. If you are in a wheelchair and can't walk on it you are an a lot worse shape than me, so you should have them do more than the touch test, tuning fork,etc, and have them do a nerve conduction velocity study and/or EMG. Its not pleasant, but I had one the other day and it's tolerable. At least I found out that despite the tingles and pain in my left (non-svc connected) leg, I don't have permanent nerve damage.

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I had a n nerve condution test and the results wre very bad that my mine was in my faor.. The statue on scaiticia if totally senory is mild at most which i am rated at that 10%!!!! I dont have reflex in my knee and its numb and i can only bare some wieght on it with out it giving out on me.. The c and p peolple keep saying 10%? It one of those tings that unless you have foot drop or muslce loss that they can see it hsard to get and increase unless you get a good c and p rater? right?

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that is how it seems, yes.

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Im rated 10% and from what I can gather you are exactly right-short of EMG findings showing permanent damage, mild encompasses everything unless you have muscle withering, foot drop, partial paralysis, etc. Im rated 50% over all-10% tinnitus, 10% Rt Leg radiculopathy, and 40% DDD. If you are in a wheelchair and can't walk on it you are an a lot worse shape than me, so you should have them do more than the touch test, tuning fork,etc, and have them do a nerve conduction velocity study and/or EMG. Its not pleasant, but I had one the other day and it's tolerable. At least I found out that despite the tingles and pain in my left (non-svc connected) leg, I don't have permanent nerve damage.

I was diagnosed with Dystrophy,, (myotonic dystrophy, which is like muscular dystrophy,,,) and they only used a tuning fork and tapped my knees and had me walk around... I have tremors and unctollable movements and jerking (I also get shots in my spine every couple of months, and also had back surgery many years ago for a disc removed.) I also was confined to a wheel chair for 1 year, and am very sick.. so not sure what tests they do... I originally claimed MS, but they declined that,,, I am awaitng a rating..

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I have looked up old cases and looked at the chapter 38 regulation and i still dont understand how to get to 20% ...> ? I read if it is totally senseroy then it only 10% at the most which i am rated at right now.. I have read bva cases that stated the veteran had senory problems and raidating pain in thier leg, but they still only got 10%? going from 10 to 20% seems very confusing ...

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