Got Copy Of C&p Exam.

[blackbird]

Hello Veterans,

I finally got a copy of my exam done in September of this year. If you read my earlier post after the exam, I wasn't sure the examiner took enough time ( only about 10-15 min) for the exam. Below is some of the facts he stated;

Referenced 1996 L4-L5 disc surgery,

1998 L4-L5 fusion,

2007 L2-L3 disc surgery,

2009 L2-L3 disc surgery again.

Flexion is 0-50

Extension 0-10

Side to side bending 0-20

Rotation 0-25

No change on repetition, and pain at end of all ranges tested.

Sensation deminished but present to light touch under two toes,

Deep tendon reflexes are grade 1+ at knees and ankles.

Toes are downgoing ???

IMPRESSION:

Lumbar Degenerative Disc Disease. I have been asked for an opinion if the patient's disc disease is at least as likely as not etiologically related to his time in the military. We have clear notes from the military indicating that he developed back pain radiating to his left leg. He under went L4-L5 laminectomy and discectomy at this time. Postoperatively, he continued to have some back pain with radicular features. It is noted that the patient had a positive straight leg raise on the left and was mildly weak in the left leg. Given this, I would state that regarding his back pain, his current back pain is most likely caused by or a result of his time spent in the military.

Any opinions on this and possible total rating guess would be appreciated. (I know it would be an educated guess). Claim dates back to May of 2004.

Thanks for your time,

Blackbird

[jbasser]

Halos, read the post again, The claim was not denied, the poster wanted to get opinions on the exam.

It was a pretty standard exam.

I can see a 20 percent for the spine but I cant see a rating from this exam on the radiculpathy as it seems incomplete to me.

J

[halos2]

john, The individual posts the info...in the members box where name/area/% level (There is nothing written here)that would deliniate a sc % at all) etc...

So "Any opinions on this and possible total rating guess would be appreciated...Claim dates back to May 2004."

Therefore I wrote My Opinions as stated in above sentence, and then as claimant says claim dates back to 2004, my rational was with no % the obvious is the claim has been denied,

so that is why I wrote what was my Opinions. How do you know the claim was never denied if he posts claim dates back to May 2004, and has no amount of % rate at all and is not listed nor referenced?

He does not reference receiving previous rating % either here. Actually his sentence at the bottom area of his page does read "Any opinions on this and...2004. I did not dispute the exam, just Opinioned the examiners could not have throughly read from the statements he referenced to. ;)

Ok so I just checked out previous posts via this vet...5/31/09 Comp claim for sc-presumptive for injury that led to DDD Remanded back to RO...(other posts requests info on ratings for sc back claims...writes on one that on May 18th the BVA remanded sc clarification back to RO) SO I do not find a rating for him with this condition. That's partially what I based my opinions on.

Are you trying to confuse me more than I am? I already am a space cadet more some days then others...Remand from BVA to RO would mean claim not granted just sent back...so get my drift on this one??

BTW been fishing lately?

My 2 sons went last sat and caught a couple each 4-6.4 pounders...of coarse catch and release. Tournaments hardly this year, just practicing.

Halos, read the post again, The claim was not denied, the poster wanted to get opinions on the exam. (Any opinions on this and...) <_<

It was a pretty standard exam.

I can see a 20 percent for the spine but I cant see a rating from this exam on the radiculpathy as it seems incomplete to me.

J

Edited November 13, 2009 by halos2

[blackbird]

Was this C&P done by a physician or nurse practioner? Doesn't read like a Dr may have done it. If you have been fighting this claim since 2004, someone has really done an injustice to you to the MAX!

The documentation from this exam is definitive in your favor. In reading your post I see where your original incident occured in-service with pain radiating to the left leg. You underwent L4-L5 laminectomy and discectomy in-service...Post op pain continued with radicular features( pain continued for how long)...was the pain complaints and radiation recorded in your discharge physical?

yes

Was this the surgery from 1996?

yes

I read the further surgery's and dates and presume the VA was given all surgery notes, as well as continual treatment notes throughout these years since. So not only have you presented the evidence of a military injury, you have also of further surgerys, and now(C&P) evidenced is PAIN in all ranges tested, with many limitations noted in flexion, extension, and "toes are down going" this sounds like FOOTDROP to me.

Have you noticed tripping, falling more now?

Yes I have had a problem with my left foot not clearing the floor or step when I walk, at times.

With footdrop your toes do pitch in a downward fashion as well as your foot, and many times one would receive an afo for this to put in their shoe/shoes if bilateral, to keep the foot as near 90% as possible.

Have you received one?

Not sure what afo is?

I just cannot see how a rater could have possibly denied this claim...low-balled yeah, but denied there is no way they could have read the complete c-file.

You did present all of the continual treatments/surgery's records with your initial file right?

I can't think of anything they don't have, and possible a duplicate of many reports.

Well hopefully the rater will have the ability to read/comprehend/evaluate/grant this claim. Looks like enough jacking around has already been done. Stay with this.

Do you work? Did you put in for SSDI if unable to? Do you utalize a VSO?

Haven't worked since 06/16/2000 due to surgeon removing my from work due to activity relate leg and back pain, radiating down leg. Was granted SSD in 2002 total disability and unemployability. Yes on VSO, DVA.

Maybe you will get a nice christmas present from the VA related to this claim. Good luck.

Thanks Halos2 for you response,

Blackbird

[jbasser]

Halos, I see there is no SC percentage filled out on his profile. The Smallmouth are biting here right now.

Blackbird, What is your present percentage?

If your conditions render you unemployable then by all means you should be at least IU.

We just had a member here with the same issues as you get his rateing with basically the same conditions as you except for the was rated under IVDS and got a 60 for the back. He also received IU as his conditions also included PTSD.

The big thing about the IVDS ratings is that a Doc must have prescribed bed rest and there is a length of time requirement on the bed rest.

J

[blackbird]

Halos, I see there is no SC percentage filled out on his profile. The Smallmouth are biting here right now.

Blackbird, What is your present percentage?

I'm currently 0 rated and not SC yet. Hopefully this time I'll get it. I don't know how many of my post you've read, but I have numerous post about my case under Comp and Pension Exams, IMO,etc. Been turned down twice, but this last time my case was remanded by the BVA and as a result I was given another C&P in Sept of this year. Supporting facts submitted this time consisted of an IMO from my surgeon, buddy statement from my NCOIC while in service, and other recent medical treatment records.

If I'm SC this time, will I be able to claim the convelescent 100% for the time following each of the 4 back surgeries? Also if SC this time would I be able to claim 100% unemployable in view of the fact that a administrative Law judge, with the advice of an employment specialist, declared I was unemployable and awarded SSD permenant? What other proof would they need?

Blackbird

If your conditions render you unemployable then by all means you should be at least IU.

We just had a member here with the same issues as you get his rateing with basically the same conditions as you except for the was rated under IVDS and got a 60 for the back. He also received IU as his conditions also included PTSD.

The big thing about the IVDS ratings is that a Doc must have prescribed bed rest and there is a length of time requirement on the bed rest.

J

[jbasser]

Do you have the IU forms filled out? If not, download them and get them ready. The va will not award IU without the forms.

I will go back and read your posts.

J