Need Some Help - Locating older Rating Schedules

[green]

I received my C-File today on CD Rom.  I was able to find within 15 minutes documentation that:

Shows they made a CUE on a 1987 request for rating peripheral neuropathy and I made the same request in 1995 (I found a C&P which stated they agreed that I had peripheral neuropathy).  They stated that it was not paid but was taken into consideration for my primary disability rating.  I need to find a rating schedule that was in effect in 1987 and in 1995 for diseases of the peripheral nerves (8510 - 8540) and the criteria for establishing mild, moderate, severe.

I have the current criteria but I think I need to make certain I understand the criteria back then.

Any help would be appreciated.

 

Thanks, and blessings on you and yours.

Green

[Berta]

DC 8510 is for upper radicular group, paralysis.

DC 8540 is for STS ( AO soft tissue sarcoma.) as within the BVA decision:

https://www.va.gov/vetapp03/Files/0313988.txt

 "They stated that it was not paid but was taken into consideration for my primary disability rating "

Was is the primary disability rating for?

 

[green]

Type 1 Diabetes is my primary disability.  My claim was for peripheral neuropathy in my feet.  I'm looking for the ratings of the "Diseases of the Peripheral Nerves" (8510 - 8540) that were in place in 1987 and 1995.  I have the old rating for Diabetes and it states that it inclues associated conditions that don't meet the criteria for their own rating.  So that is why I need to read what that criteria included.

The write-up also stated that there was no evidence of peripheral diabetes. In 1987 the person who took a look at my feet said there was no reason to send me to a specialist and dropped it at that, and in 1995 the C&P showed a diagnosis of peripheral neuropathy, but did not rate the condition.

"nocturnal foot pain, physical exam was normal without evidence of peripheral diabetes"  But on the C&P it states a diagnosis.

The current M21-1lll_iv_4_SecG , gives a mild rating for "subjective symptoms or diminished sensation "  I don't know if this existed in 1987 or 1995.  If it did, it's clear they made an error.

[Berta]

Per this link, the PN should not be rated with the diabetes:

http://www.veteransresources.org/forums/threads/va-diabetes-ratings.10/

This is the results of my BVA search for peripheral neuropathy claims:

http://www.index.va.gov/search/va/bva_search.jsp?QT=diseases+of+the+peripheral+nerves&EW=peripheral+neuropathy&AT=&ET=&RPP=10&DB=1996&DB=1995&DB=1994&DB=1993&DB=1992

I went from 1992 (nothing earlier appears at the BVA web site) to 1996 but only had time to read through a few of them and could not find what you need.There were over 2,000 decisions regarding PN ....often an older BVA decision contains  the regulations and rating schedules that are appropriate to the date they made their decision. 

"Shows they made a CUE on a 1987 request for rating peripheral neuropathy and I made the same request in 1995 (I found a C&P which stated they agreed that I had peripheral neuropathy). "

Can you scan and attach the decision that says that? Cover C file #, name, address prior to scanning it.

 

[green]

So the issues are that I started claiming peripheral neuropathy in 1987 as you can see by the attached records.  I claimed it again in 1995.  neither time was it granted.  Certainly if award is based on subjective symptoms I should have been awarded all the way back to 1987.  In 1995 I have a diagnosis (in the C&P) but it still was not awarded.  So, in 2015 I applied again and it was awarded but they only went back to 3/2003.

I also applied for an evaluation of impotence, an K-1 award was given back to 2004 but as you can see I have a diagnosis back to 1995.

 

Let me know what you think.

 

Thanks,

Green

UploadHADIT.pdf

[Berta]

Yeah. it is there.... I would file CUE on both older  decisions. But I hope others chime in on that.

I think maybe the PN regulations changed since the first PN reg ( due to AO) as it was one of the very first AO presumptives in around 1991 I think but not many  vets I  could possibly get SC for PN with those older AO regulations.

" I have the old rating for Diabetes and it states that it inclues associated conditions that don't meet the criteria for their own rating.  So that is why I need to read what that criteria included. "

I might still have that older DMII criteria...have to check...the VA tried to use the newer 1997  diabetes criteria

from the WHO (World Health Organization) against my DMII AO death claim.It didn't work.My husband died 3  years before the new 1997 criteria came out.I will try to find it.

[green]

I have it Berta, was smart enough to make a copy in 1995 when I filed my claim for increase (what I can't locate is the PN rating criteria).  So I was notified about my recent request for rating on new secondary conditions about 10 months ago.  Do I file a NOD on the dates they used and point out the records they didn't consider and ask that they backdate to 1987 (or 1995 at the latest for the PN) and 1995 for the SMC-K award?  Do I ask in the NOD form that they CUE themselves on this matter (after I attach the documents and the rationale)?

Additionally I have PN awarded in the current award but they only provide a rating for the peroneal nerve when I have nerve conduction study evidence that the tibial nerve is also affected.  As the peroneal and tibial nerve separate at the back of your knee, and I have zero refexes in my ankles and knees, I think they should have rated my feet using the sciatic nerve (in fact that is what the nurse practitioner filled out on the C&P form.  Is this a CUE or a NOD or should I fill out the NOD form and ask that they CUE themselves (I would provide the data they didn't consider as an attachment to the document)?