FrankieG23

Thanks for response JB, I did have DBQ for primary (not diabetic doctor) stating yes to question "would condition be equally served by amputation with prosthesis" Turned it in with initial claim. His VA doctor said he would fill out a DBQ now. The decision was increase 20% to 40%, that's why we filed NOD, cause there was no mention on C&P of having muscle loss. I have looked up previous VBA decisions, and it seems that is what is needed. Thanks again, I know the BVA decisions take long time.

My husband has PN due to DMII Both upper/lower, plus other conditions 100% due to defibrillator placement HB and 1 SMC. Ok, he put in for loss of use of leg due to foot drop. Has leg brace, and walker. In 2013 he put in for LOU. He had C&P I think 10/14 and he did get increase from 20% to 40%. However he meet all requirements for increase to at least 60% if not 80%. He has no feeling in foot, can't dorsilfex, trophic changes (hair loss/shiny skin on legs) Ok here's the kicker. Examiner checks 'no" for the part that gives the LOU (would condition be equally served by an amputation with prosthesis) I have his primary sending in DBQ stating "yes". Requirement for leg is balance and propulsion. We have sent several IMOs stating he has no balance, he has even fallen in VA pharmacy. Even his VA doctor has noted he has no gait nor balance.. So doctor couldn't have reviewed files, like he said he did. Also he check "no" for loss of muscle/atrophy. Yet at very end he checks "complete paralysis" for LL Sciatic nerve (HUH?) He could not have checked complete, if he didn't have all the requirements. A lay person can see my husband doesn't have any muscle in his leg. Ok with this said, We filed NOD last Aug (VFW didn't turn in until Oct) I have recently sent in copy of C&P highlighting part that says "complete Paralysis LL, and his VA doctor's statement noting the muscle atrophy (he hated going against other doc's opinion, but he did it.). Question was there a, CUE on exam? Did I do right thing, bringing this to VBA's attention. I don't know what else to do, I'm at my wits end. They have a lot of written statements he has no balance. C&P doc, missed things, I sure that happens a lot to people. One more thing, recently he has been diagnosed with PAD, which is DMII/ heart related, he will have to have angio and probable stenting in legs. He is SC for heart, I have copy of test he had and blood flow is sever from knee down in both legs. Should he put in for this for new claim? Would this help for the original claim for LOU, I am shouting out a big "HELP". His SRO doesn't seem help Thank you. You guys give great advice. Sorry this was so long.

jony10 I was told at 800 number that a fast result from C & P to decision is suppose to be good results for vet.. Hope it is for you. My husband got his decision 2 days after C & P. Had to call VSO 2 weeks later for result. it was increase, but not exactly what he thought. He should have gotten loss of use. Hope doctor took his time with you. Early response is very positive thing. I also found out we could request copy of C&P exam, just like a medical record, at VA medical center and had received it same day as request. I just don't remember how long between exam and request for copy it was. Have gotten a couple of copies of C&P exams that way. Good luck! I'm still in a battle.

Thank you 63Sierra, this was what I was looking for the route to take. I think the VSO talked about this, but sometimes you need reinforcement, this site has our backs and advice can be trusted. Reconsideration. Hope that works.

Sorry for your loss, keep fighting

Thanks, I was wondering if a person can ask for another C & P exam, based that the doctor just didn't get it right. That was great doctor caught that on you. They all should be that good. Is asking for another C & P done during the NOD?

Just for info, I didn't know this could happen, but during the course of a C & P exam if the examiner looks at other conditions and makes decisions on other conditions not put in on the original claim, the R/O can make a rating decision. Has anyone heard of this? Example: Husband put in for left foot drop, loss of use, and doctor looked at his hands and other leg for increase in the PN. Doctor did nothing and husband mentioned, when asked, that he had hard time picking and holding things. Well end result Still upper L/R PN 10% no change Lower R no change 20% Lower L 20% to 40%. VFW did not put in any claim for any other condition.. Doctor did nothing. Can a vet ask for another C & P exam, or at this point it's just going to be with private doctor, during NOD????? Thank you for any imput

Thanks for responses. Gave me some good thoughts. Dr he sees at VA is very good, but he sees private doc. He is 100% AO. I just thought of going to his VA doc now he has medical records too. He sees hubby for ordering all his meds thru VA, and he is the one who saw him fall twice into chair after long walk down hall, and ordered walker VA decision couldnt beleive it 20% PN increased to 40%. He put in for loss of use. It said in the review (mind you, I also had DBQ from private doc, stating loss of use) that higher evaluation would have to show muscle atrophy OMG you can be lay person and look at his leg, and see it is way skinny than the other one. Also he down plays illness. Dr asked if he has leg cramps ( getting leg cramps can show bad blood circulation, which is a critiera for loss of use) and he say's not lately. Well he takes meds for leg cramps, he wouldn't be taking the med, if he didn't have leg cramps. so he has been good, thank god, but note to all (well maybe some) men, don't feel bad to say you feel bad. Men sometimes have problem saying they are ill, but when you guys go to these C&P dont be afraid to say how you feel. They hardly ever let spouse go in. I would have said how bad it was. And he didn't think about the past, he was thinking of the present. Well he should have said he does suffer from that. Dr probably never checked his meds and wrote down had no problem w/leg cramps. I am so sorry to rant, but it's makes me sooooo mad, that saying the wrong thing during CP and not complaining about how you feel can make all the difference. Not just for my husband but for anyone. I am praying, that upon NOD, this can be corrected. Navy, how can doc, make determination with just looking at you, you good looking boy? Huh Yep those SMC-K can add up Maybe we can get DBQ from VA doc.

Hi all Husband went for C&P and exam ref to loss of use of foot. He's been rated for lower/upper PN either 10% or 20% for all 4 limbs, I don't remember now and it's been years. He's been 100% + 60% for years, so getting the increase for PN never seemed to make any sense since it would not change amount of pay. Back in 2011 the foot got worst, (hand also but he didn't make claim for hand) Well rating came in for increase to 40%??, he didn't put in for increase, he put in for loss of use. He fits the critera for loss of use, left foot drop, can't raise foot up (dorsilflex), no feeling on foot with needle test. can't walk without leg brace, has been given walker by VA Dr, falls, has pain, numbness. Dr asked about leg cramps, but he hasn't had them in while as he takes meds for it (he told dr, "not in awhile". And his legs are as cold as ice. Dr asked about blood flow, he's had it checked and they feel pulse. He also has muscle atrophy, leg is way thinner then other. He can no longer take EMGs as he has defribrillator. He has DBQ from private dr, stating loss of use. VSO seems to think appeal, but would a NOD do same thing and not take as long? He also has nerve root impingement, which can also be same symtoms as leg drop, this was what I was worried about, it not be connected to the PN, which would be no increase, but Dr said it was the PN causing the leg drop. Wow just when I thought it was a pretty easy claim, it was not. VSO said not to send in any documentation, for dr visits and testing, as the nerve root inpingement comes up in back. He's had 2 eppies in back but did nothing for leg drop, helped with back pain. Any thoughts from anyone? I thought dr at C&P would see that he had all symtoms of complete nueropathy Thank you

Thanks, Berta Will look into it

Hi Berta Problem is we don't have hospital records from 2001, and hospital doesn't have them. all I remember is that he had chest pain, was confused, sweating, and throwing up. Test showed elevated heart enzymes. Doctors told me they thought he had heart attack. We never sent in records from hospital ourselves, just listed the hospital as place for VA to get records from when they sent assist letter.which they did as hospital shows up under "records we receved" Hospital visit was after making claim in July 2001. I called hospital, maybe i should just go down there. He was denied Nehmer retro, letter said there is no evidence of IHD prior to getting it as secondary to DMII, in 2003. Ahh, but you have given me an idea, maybe a copy exists in the EKG dept, maybe I can back door search for medical records. Not sure about Echo. Do you think, I'll have a problem getting C-file as husband has started new claim?

Thanks Berta for this info. I just got a call from NVLSP, an hour before your posting. The person replied to an email I had sent them a few days ago. He said they were extremely busy and refered me to a local organization they may help my husband, it was the Purple Heart Veterans. He was very nice, just very busy. . My husband's situation is not being NSC for the IHD, on initial claim 7/2001 for DMII and hypertension. The review of material used for evidence from back then listed the hospital where he may have had possible heart attack at. During recent claim from 10/2010 Nehmer was denied, Denial came in May of 2012. I have to do something about this before May right? His VSO told husband, when he went before RO, that there is a letter from hospital that stated "may or may not have had heart attack. Huh?

Congrats to you both!!! Just in time for the nice weather coming, to go out and enjoy. Of course anytime of the year, getting extra dough is a welcome event.

Indy, I believe in order to get the SMC/K loss of use it has to be severe I think it's given a rating 40%, anything less than that would not be SMC/K. I wish to thank you very much. You posted looking for help, and I think you may have helped me. If that is a standard question on C&P exam for foot drop, my husband's examiner can answer yes to the part about having diabetic PN and maybe this will help. That might mean they will use this as criteria for foot drop. My husband situation is different, he can't secordary anything to back issues or spine issues as he it not SC for that. In order to get foot drop it has to be scondary to SC diabetic PN only. So VSO thought he would have hard time because condition is caused by his nerve root impingement as well as can be caused by diabetic PN. His IMO states both conditions on it. VSO thought this would hurt husband's claim using this. I didn't know this was on an examiner's question sheet. Like I think John said, that medical test shows what it shows and we can't change that, but I feel better knowing that at least the diabetic PN is adressed on exam and maybe that might help and they won't split hairs on which condition caused foot drop, and husband might as well start claim now so as to (god willing, knock wood) he gets approved it would be a little retro. I think another SMC/K would involve another 100, not sure on this. Good luck, Indy.

And I missed to mention those who have already loss someone dear, how horrible AO truely is no matter what the age. Sorry if I was missunderstood. God Bless.