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Might be doing first NOD - advice appreciated

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JustGettingStarted

Question

I am considering doing my first NOD. I received 20% for peripheral neuropathy (pain and tingling in my arms and hands) secondary to Cervical Spondylosis (narrowing of the spinal openings in my neck) for both my left and right sides in February 2017. I just received a copy of my C-File that I requested back in July 2016, and it has the C&P exam that was done on me for the peripheral neuropathy. In the C&P exam, I was clearly rated for SEVERE pain on my non-dominant side and moderate numbness and tingling on my dominant side.  

I was given a 20% rating for mild conditions on both left and right side, but from the DBQ the doctor submitted it looks like I should have been given severe to moderate ratings, which would be 40% for my dominant side and 30% for my non-dominant side.

Do I file a NOD and request a DRO review?  

Am I missing a reason why the VA only gave me 20% on each side?  I have attached screen shots from the DBQ.  

Code 8710: Neuralgia of the upper radicular group. Neuralgia cannot be rated higher than moderate, even if it is severe. If the condition is moderate, it is rated 40% for the dominant and 30% for the non-dominant. If it is mild, it is rated 20% for either arm.

This is the quote from my decision package:

"Service connection for left upper extremity radiculopathy (peripheral neuropathy) has been
established as related to the service-connected disability of cervical spondylosis.
● We have assigned a 20 percent evaluation for your left upper extremity radiculopathy
(peripheral neuropathy) based on: • Mild incomplete paralysis of the minor extremity
● Although the lower radicular group and middle radicular group nerves were shown to be
affected, only one evaluation is allowable in this case. This rating is based on the highest
rated nerve.
● A higher evaluation of 30 percent is not warranted for paralysis of the middle radicular
nerve group unless the evidence shows nerve damage is moderate.
● Service connection for left upper extremity radiculopathy (peripheral neuropathy) is granted
with an evaluation of 20 percent effective May 11, 2016, the day we received your intent
to file, with your completed application received on October 29, 2016. VA examination
conducted in support of your claim notes that your noted radiculopathy is related to your
service connected cervical spondylosis."

Severe pain - page 116.png

Moderate Pain.jpg

Edited by JustGettingStarted
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Great, I have filed and won more CUES that I thought over the years....

I would rather file CUE than file a regular claim.

I think that is because, as BVA says, CUE is a frontal attack.

VA is truly a paper War Game. Our enemy is not the VA however...it is Time.

 

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On 6/9/2017 at 11:38 AM, Berta said:
On 6/9/2017 at 11:38 AM, Berta said:

Yippee and I only hope they are literate enough to read it.:wacko:

 

 

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Berta,

They obviously are illiterate.  I just got a decision letter and it is full of errors.

The CUE I submitted for "eczema" has been denied.  They did not address the issue of the systemic medication at all and I am still rated at 0% versus the 60% I should receive since I am on systemic medication.  

On the CUE I submitted 7 days ago for SMC for loss of use of a creative organ, they have deferred it for a C&P exam.  Really - do they think my endometrium will grow back???  

There are other errors I plan to address, but there was one good surprise.  I got 10% for basil cell carcinoma, something I did not really expect.  

I suppose I need to request reconsideration at this time.  I prefer to do it through eBenefits myself versus going through my unresponsive VSO.  

Thanks for listening to me vent.

JustGettingStarted

 

 

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