gs106

Not sure exactly...I retired 11 years ago. A DAV rep was at Ft McPherson during my out processing and told me she would go through my medical records and file a claim on my behalf if I gave DAV power of attorney and I did. Big mistake -after several months, I called VA and was told they had no record of a claim and DAV denied having my records. After contacting my congressman and getting no results I contacted Department of Veterans Affairs in Washington and my records were found in less than two weeks. I guess the claim took about two months after that .I got the decision letter awarding me 40% but there was no mention of cervical spondylosis that was claimed. I sent them an email asking why and received another decision letter about two weeks later awarding me 20% for the cervical spondylosis (60% total) and an apology for excluding it in the original letter. The DAV rep missed many things in my medical records that should have been claimed. I'm not blaming her...it was my claim. I have learned a lot from this and other sites since then and, even though I still have a DAV rep, I have filed the last two claims and one NOD on my own. I hope yours is decided favorably and soon.

I filed a claim for bilateral lower extremity radiculopathy secondary to lower back and the doctor said it was caused by a foot fracture :). The DBQ is on MyHealthVet. I just checked ebenefits and the status has changed to Pending Decision Approval with an estimated completion date 6/28/16 to 7/2/16. I still think it will go back to gathering of evidence for clarification from the doctor or another C&P from a different doctor.

I submitted a claim on 13 April 2016 as a FDC. It was removed from FDC status because I had a pending apeal. C&P on 11 May 2016 - been in preparation for decision status for about 6 weeks. Estimated completion date on eBenefits 5 June 2016 to 4 July 2016. I am expecting it to go back to gathering of evidence since the doctor screwed up the DBQ.

Can I be rated for both metatarsalgia (DC 5279) and maluniion of metatarsal (DC 5283) of the same foot or is that pyramiding?

I have a pending claim for lower extremity radiculopathy secondary to degenerative disc disease. The claim has been in preparation for decision status for 3 or 4 weeks with an estimated completion date 6/4/2016 to 7/4/2016. I had a second epidural injection on 2 June and the doctor was unable to put the injection where needed due to lack of disc space (partial doctor notes below). Should I submit the notes now and risk the claim decision being delayed or hold onto it and submit it with a likely NOD? It's bad to anticipate having to file a NOD but based on other claim decisions, it is inevitable. Is there anything here that would help with SC or percentage? The patient underwent a lumbar epidural steroid injection for symptoms of lumbar radiculitis back on 04/19/2016. He reports approximately 65% relief for 2 to 3 weeks, but then the pain has gradually returned and he reports mostly numbness and annoying discomfort, but overt pain he dismisses. He continues to complain of some right calf pain, but is more concerned with left leg pain. Reviewing the MRI and upon further discussion with the patient, we opted to change the procedure today to a left-sided transforaminal epidural steroid injection at the L5-S1 level. The MRI shows probable impingement of the descending S1 nerve root on the left within its lateral recess due to a disk bulge and posterior element hypertrophy. There is moderate foraminal narrowing bilaterally with probable impingement of both exiting L5 nerve roots. Dr. Hardy, the radiologist, notes that it is more likely on the left. The patient understands the goals of the transforaminal epidural steroid injection and agrees to proceed. He was placed in a prone position on the examination table. He was prepped and draped in the usual sterile fashion. Then, 1% lidocaine was used a local anesthesia. A 3-1/2 inch 22 gauge spinal needle was then used in an attempt to enter the left L5 neural foramen. He has quite a bit of loss of disk height at the L4-L5 and L5-S1 levels. The left iliac crest proved to be too difficult to work around and I was unable to place the needle in the right location. Lateral views show quite a bit of anterolisthesis of L4 on L5 due to pars defects as noted on the MRI. This made it impossible for me to get into the appropriate location and the procedure was aborted. The patient had been consented for the lumbar epidural steroid injection and was injected and this procedure was carried out at the L4-L5 level, there being no real interlaminar space at the L5-S1 level. A 17 gauge needle was used to enter the epidural space using loss-of-resistance technique and a left paramedian approach. No blood, paresthesias, or cerebrospinal fluid (CSF) was noted. Then, 80 mg of methylprednisolone and 2 mL of 0.25% bupivanaine, along with 3 mL of preservative-free normal saline was injected into the epidural space and the needle was removed.

Thanks Berta, I tried the site but couldn't find anything.

Thanks Bobby but I wasn't at Tan Son Nhut and that book only lists rounds impacting on the air base.

Your last paragraph nailed it PWRSLM. My question was how can the doctor tie the neuropathy to a foot fracture when the claim was secondary to lumbar spine with medical evidence included with the claim. Perhaps part of it can be related to the fracture, I certainly don't have enough medical knowledge to know that. Maybe they will SC both the peroneal and sciatic nerves I know....I'm dreaming.

This is what is on their website Buck. I sent them a check for $8.30 as an initial payment. SEARCH FEES: The NPRC may assess a fee for non-archival records, depending on the number of searches required. If that is the case, payment is required before the searches are undertaken. Fees are assessed for our time spent locating the records (at the rate of $13.25 per hour) and for any copies that are made (first 6 pages, $3.50; each additional page, $0.10), with a minimum charge of $8.30. A deposit of $8.30 is required before we begin the search. You will be billed for any additional costs. All remittances should be made payable to the National Personnel Records Center.

I just had a C&P exam for fractured foot, deviated septum and bilateral lower extremity radiculopathy secondary to LOWER BACK. I couldn't believe what the doctor wrote in the DBQ. I'm not including the entire DBQ but enough to show what I believe to be incorrect information. I sent copies of my civilian doctors’ notes (sciatica), MRI results showing multiple nerve impingement, and the examination results from my first visit to the pain clinic with my claim but the VA doctor says it is due to a fractured foot. The date of diagnosis of the peripheral neuropathy below is the date I fractured my foot. Will the rater ask for clarification from the doctor doing the DBQ or decide the claim based this information? 1. Diagnosis ------------ Does the Veteran have a peripheral nerve condition or peripheral neuropathy? [X] Yes [ ] No Diagnosis #1: Peripheral neuropathy ICD code: 302226006 Date of diagnosis: 11/16/19993. Symptoms ----------- a. Does the Veteran have any symptoms attributable to any peripheral nerve conditions? [X] Yes [ ] No Paresthesias and/or dysesthesias Right lower extremity: [ ] None [X] Mild [ ] Moderate [ ] Severe11. Nerves Affected: Severity evaluation for lower extremity nerves ------------------------------------------------------------------- a. Sciatic nerve No response provided. b. External popliteal (common peroneal) nerve Right: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis If Incomplete paralysis is checked, indicate severity: [X] Mild [ ] Moderate [ ] Severe17. Remarks, if any:--------------------VBMS reviewed.Medical opinion: veteran peripheral neuropathy CONDITION is at mildseverity and is least as likely as not due to injury incurred in fromJones fracture in service as evidenced by numerous STR for samecomplaints.

I don't have a CIB Buck. I'll just wait and see if they find anything. Do you remember what the total cost was? I just made the check for the minimum amount and will pay the rest if and when they find any records.

Thanks Bobby but I was on the other side of town during TET. I requested specific unit morning reports for the May 68 offensive.

I requested mine on 5 April 2016. It showed up on eBenefits as a claim and the status shows gathering evidence - requested documents past due. I received a letter dated 13 May 2016 acknowledging receipt of my request. The letter is from Department of Veterans Affairs, Records Management Center, PO Box 5020, St. Louis, MO 63115. The letter says in part: We will begin searching for records responsive to your request that are within our holding. We will grant you access to the requested records, if found, providing the records are not exempted from disclosure by law. Any releasable sections of the requested records shall be provided to you after redaction of the parts that are exempt. Your request will be processed in the order of receipt. You may expect to receive a response as soon as possible. This office provides records of 10 pages or more on a compact disc (CD) for use on your personal computer. Records fewer than 10 total pages will be provided as paper copies. The CD can be viewed on all computers through the use of Adobe Reader software, which is available online for free. To request your responsive records on paper, please mail your request to: ATTN: Paper Copy Request at the address above or you may fax your request to 314-679-3732. I mailed my request to the Regional Office ATTN: FOIA/Privacy Act Officer via certified mail. I guess they forwarded the request to St. Louis. I hope this helps.

Thanks Bill, I guess I'll look for them around September. I doubt if anything is there anyway.

Does anyone know how long it takes to get a response from the National Personnel Records Center? I requested morning reports from my unit in Vietnam referencing a firefight during mini-TET in May 1968 (if any exist). I sent the request along with a check on 20 April 2016. The check cleared the bank about two weeks ago but haven't received anything from them.

I don't disagree with anything you said but it isn't only the raters that do a pp job, I think you have to include some of the C&P examiners I just had a C&P exam for fractured foot, deviated septum and bilateral lower extremity radiculopathy secondary to LOWER BACK. I couldn't believe what the doctor wrote in the DBQ. I'm not including the entire DBQ but enough to show the total incompetence of the doctor. I just went back to a civilian pain clinic this morning for a second epidural. The doctor talked with me and said he was going to do the injection in a specific nerve going to my LEFT leg and foot. When they did the x-ray to show him where to put the injection the conversation between the doctor and xray technician went something like this: Doc "what is that?" technician - "what is it?, I've never seen anything like that." After four attempts at the injection the doctor told me he couldn't do it because there was no space for the needle. He had to get another packet of syringes and do the injection in the spine. He showed me the x-ray after he finished and explained why he couldn't do the initial injection. He said "at least now I know why you are in pain." I sent copies of the doctors notes (sciatica), MRI results showing multiple nerve impingement, and the examination results from my first visit to the pain clinic with my claim but the VA doctor says it is due to a fractured foot. The date of diagnosis of the peripheral neuropathy below is the date I fractured my foot. 1. Diagnosis ------------ Does the Veteran have a peripheral nerve condition or peripheral neuropathy? [X] Yes [ ] No Diagnosis #1: Peripheral neuropathy ICD code: 302226006 Date of diagnosis: 11/16/1999 3. Symptoms ----------- a. Does the Veteran have any symptoms attributable to any peripheral nerve conditions? [X] Yes [ ] No Paresthesias and/or dysesthesias Right lower extremity: [ ] None [X] Mild [ ] Moderate [ ] Severe 11. Nerves Affected: Severity evaluation for lower extremity nerves ------------------------------------------------------------------- a. Sciatic nerve No response provided. b. External popliteal (common peroneal) nerve Right: [ ] Normal [X] Incomplete paralysis [ ] Complete paralysis If Incomplete paralysis is checked, indicate severity: [X] Mild [ ] Moderate [ ] Severe 17. Remarks, if any: -------------------- VBMS reviewed. Medical opinion: veteran peripheral neuropathy CONDITION is at mild severity and is least as likely as not due to injury incurred in from Jones fracture in service as evidenced by numerous STR for same complaints.

I had a very short C&P for three or four contentions this morning and claim status changed to preparation for decision on eBenefits this afternoon. Has anyone experienced a claim moving that fast? I am thinking the results won't be favorable.

Brave, can you tell me where you found 3.157? When I look at 38 CFR online it goes from 3.156 (New and material evidence) to 3.158 (abandoned claims) but no 3.157.

I had another C&P exam this morning...my crystal ball says I have another NOD in my future. The doctor said I was there for deviated septum, foot fracture, and "nerve damage". I asked her if they didn't ask her to look at my flat feet and she said they didn't. She asked me some questions about the deviated septum and foot, told me to take my shoes off and poked around the top of my foot with some sort of pin or needle. Told me to put my shoes on, ask a couple more questions and said that concludes the exam. She never looked at my nose at all even though the majority of her questions were about the deviated septum. She never asked a single question about the radiculopathy or "nerve damage". Has anyone ever had a C&P for lower extremity radiculopathy without any type examination, or EMG? Maybe they made the rating decision prior to the exam. VBA didn't ask for anything on flat feet, headaches secondary to cervical stenosis or overactive bladder secondary to nerve damage.

Vync, I believe VA may be right in this case. The first sentence of the information you posted from 38 CFR excludes 5243 if it is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): This is from M21-1 Change Date January 11, 2016 III.iv.4.A.3.a. Evaluating Manifestations of Spine Diseases and Injuries Evaluate diseases and injuries of the spine based on the criteria listed in the 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula). Under this criteria, evaluate conditions based on chronic orthopedic manifestations (for example, painful muscle spasm or LOM) and any associated neurological manifestations (for example, footdrop, muscle atrophy, or sensory loss) by assigning separate evaluations for the orthopedic and neurological manifestations. Evaluate IVDS under 38 CFR 4.71a, DC 5243, either based on the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes (Incapacitating Episode Formula), whichever formula results in the higher evaluation when all disabilities are combined under 38 CFR 4.25. Variations of diagnostic terminology exist for IVDS. When used in the clinical setting, the following terminology is consistent with the general designation ofIVDS: · slipped or herniated disc · ruptured disc · prolapsed disc · bulging or protruded disc · degenerative disc disease · sciatica · discogenic pain syndrome · herniated nucleus pulposus, and · pinched nerve. Notes: · When an SC thoracolumbar disability is present and objective neurological abnormalities or radiculopathy are diagnosed but the medical evidence does not identify a specific nerve root, rate the lower extremity radiculopathy under the sciatic nerve, 38 CFR 4.124a, DC 8520. · If an evaluation is assigned based on incapacitating episodes, a separate evaluation may not be assigned for LOM, radiculopathy, or any other associated objective neurological abnormality as it would constitute pyramiding. · Apply the previous provisions of 38 CFR 3.157 (b) (prior to March 24, 2015) when determining the effective date for neurological abnormalities of the spine that are identified by requisite records prior to March 24, 2015. III.iv.4.A.3.c. Example of Evaluating IVDS Situation: A Veteran’s IVDS is being evaluated. · LOM warrants a 20-percent evaluation based under the general rating formula · mild radiculopathy of the left lower extremity warrants a 10-percent evaluation as a neurological complication, and · medical evidence shows incapacitating episodes requiring bedrest prescribed by a physician of four weeks duration over the past 12 months which would result in a 40-percent evaluation based on the incapacitating episode formula. Result: Assign a 40-percent evaluation based on incapacitating episodes. Explanation: · Evaluating IVDS using incapacitating episodes results in the highest evaluation. · Since incapacitating episodes are used to evaluate IVDS, the associated LOM and neurological signs and symptoms will not be assigned a separate evaluation. References: For additional information on · evaluating spinal conditions, see M21-1, Part III, Subpart iv, 4.A.3.a, and · determining whether evidence is sufficient to evaluate based on incapacitating episodes of IVDS, see M21-1, Part III, Subpart iv, 4.A.3.b.

I had the hearing/tinnitus C&P on Friday and the examiner said the same thing...hearing loss is due to age and not military noise exposure. He did say the tinnitus was at least as likely as not caused by military noise exposure. Is it possible to get 10% for the tinnitus even though he said the hearing loss was due to age? Left Ear: Was there a permanent positive threshold shift (worse than reference threshold) greater than normal measurement variability at any frequency between 500 and 6000 Hz for the left ear? Yes Opinion provided for the left ear: Yes If present, is the Veteran's left ear hearing loss at least as likely as not (50% probability or greater) caused by or a result of an event in military service? No Rationale (Provide rationale for either a yes, no answer or speculation reason): The veteran's e-file was reviewed for this opinion. The veteran does have a history of noise exposure as a military police (95B20) with high probability of noise exposure stipulated. The veteran's STR contains records of baseline audiometric testing dated 20OCT66 at the time of entrance to military showing a normal hearing in the left ear. A subsequent hearing test on 12FEB2003 showed a significant change to hearing during that time, but when corrected for age utilizing the OSHA 29CFR11910.95 Appendix F "Calculations and application of age corrections to audiograms", the results show no significant change to average hearing levels left ear beyond that which would be expected as normal progression due to age. The Institute of Medicine (2006) stated there was insufficient scientific basis to conclude that permanent hearing loss directly attributable to noise exposure will develop long after noise exposure. The IOM panel concluded that based on their current understanding of auditory physiology a prolonged delay in the onset of noise-induced hearing loss was "unlikely". Therefore, it is the opinion of this examiner that it is less likely than not (less than 50% likelihood) the veteran's current left hearing loss was caused by or incurred in active military service. Did hearing loss exist prior to service? No 4. Functional impact of hearing loss ------------------------------------ Does the Veteran's hearing loss impact ordinary conditions of daily life, including ability to work: Yes

Saxman, the way I understand it is if there is xray evidence of arthritis and there is no limited or painful motion or no incapacitating episodes then the rating for two or more major joints or two or more groups of minor joints is 10%. This is from M21-1 and the award is 10% for both knees and not 10% for each knee. If your arthritis were in only one hand then it would be rated at 0%.. III.iv.4.A.8.b. Example of DegenerativeArthritisEvaluated Based on X-Ray Evidence Only Situation: The Veteran has x-ray evidence of degenerative arthritis of both knees without limited or painful motion of any of the affected joints, or incapacitating episodes. Coded Conclusion: 1. SC (PTE INC) 5003 Degenerative arthritis of the knees, x-ray evidence 10% from 12-30-01 Rationale: There is no limited or painful motion in either joint, but there is x-ray evidence of arthritis in more than one joint to warrant a 10-percent evaluation under 38 CFR 4.71a, DC 5003. III.iv.4.A.8.c. Example of Noncompensable DegenerativeArthritis of a Single Joint Situation: The Veteran has x-ray evidence of degenerative arthritis of the right knee without limited or painful motion. Coded Conclusion: 1. SC (PTE INC) 5003 Degenerative arthritis, right knee, x-ray evidence only 0% from 12-30-01 Rationale: There is no limited or painful motion in the right knee or x-ray evidence of arthritis in more than one joint to warrant a compensable evaluation under 38 CFR 4.71a, DC 5003.

I don't know Buck but it showed that I had two open claims and one of then was for privacy act request....that has to be the c-file request don't you think? Freedom of Information Act / Privacy Act Request Under Review Attention: Status Has Changed

I filed a claim for tinnitus even though I had submitted a NOD for hearing loss. I had the C&P exam yesterday and had the same guy again. He went through the entire DBQ again even though the claim was only for tinnitus. I confronted him about his "how did you avoid Vietnam" comment and his attitude changed drastically. He kept apologizing until I was back in the lobby. I'm pretty sure it won't change anything about the hearing loss being related to age and not noise exposure but at least he did note that I served in Vietnam and he also asked me what all my MOSs were which I don't recall him asking the first time.