rk4435

Update, claim closed with an effective date of October 6th rather than my intent to file. I'm not sure if I should in any way fight that because it pushed me to 100% P&T. Seems like something too big to risk over a few months of retro back to April. However, I learned a valuable lesson. I had the EMG in May and should have reopened it at that point.

I did not find a "Reasons and Basis" heading in the letter. It simply stated that the condition had improved. Nonetheless, today it went from a completion date of late January 2020 to a completion date next week as it moved into the Preparation for Notification stage today. I guess I'll have answers soon enough. I come back and post what they did with the effective date.

I found the details Vync, I scan and keep everything from the VA. Rating Decision is 10/24/2018 Evaluation of radiculapothy of the left lower extremity, which is currently evaluated 10 percent disabling is decreased to 0 percent effective August 28, 2018. I did not keep any additional pages, so I do not have any of the appeal info. There were additional forms enclosed. That may change things though since the reduction was August 18. I remember posting in this forum about it, but I probably did not word it very well. Once I realized that the very large VSO was not going to communicate or advise me I was beyond the 30 days. Needless to say I switched organizations. I also have respiratory issues and I believe there could possibly be some changes to the way that's rated in the next couple of years. The National Academy is conducting an exposure study.

Thanks Broncovet. I'm guessing the date of the exam would be the "date" it was proven or I may be able to appeal it back to the date on the EMG test that proves it. Nonetheless I learned an important lesson the hard way. The rating was reduced during a back exam where no questions were asked about my leg. The VSO I had at the time kept saying they would check and call me back. Needless to say that VSO no longer gets donations from me.

Basic timeline; October 2018 Radiculapothy Reduced to 0% from 10%. (I was too dumb to know to appeal) April 2019 I did an intent to file but did not submit the claim. (Believe it or not I had a good reason to wait) October 2019 completed intent to file for rating increase for the 0% rating. November 2019 C&P completed and the examiner note says Incomplete Paralysis / Moderately Severe. I understand that this should lead to an increase in the rating. Would the effective date be the April intent to file, October filing, or exam date in November? It will lead to an increase to the next payment level according to multiple calculators.

I was being reevaluated for my back rating. The NP never asked about any symptoms beyond my back pain and I was too dumb to point it out. It was reduced from 10% to 0%. I reeval soon and the wording is pretty confusing to me. I tend to think it was reduced because I did not make a point of it. But the wording has me really confused because I do have a serious problem with my left leg that stems from my lower back rating, but it mentions "paralysis" of a nerve. A numb leg and pissing myself seem severe enough.

About one year ago I was being reevaluated for a low back rating. The end result was that my Radiculapothy of the Left leg rating was reduced to 0% I had EMG nerve testing done and it states " This is an abnormal study. There is Electrophysiolic evidence of a of a chronic Left L4-L5 Radiculapothy." But then later in the paragraph is says there is "no...Left Lumbosacral Flexopathy, Left Sciatic Neuropathy or Left Peroneal Neuropathy." I've googled this to death and cannot come to a conclusion if it proves my left leg issue is from my spinal condition. My symptoms in my left leg are numbness that becomes worse and painful after standing for ten or so minutes. Those symptoms also occur when I walk distances that are not terribly far, like maybe about a football field length or a little less. My left foot does not always go exactly when I intend to and my leg has given out several times and has caused some falls. One bad one a couple of weeks ago.

"Normally, after a decision letter is received, you have one year to challenge the reduction. Before the new appeal process was rolled out, you could file a reconsideration or appeal. With the new appeal process, you can file a supplemental claim (where you include new evidence), file a higher level review (no new evidence allowed), or appeal to the BVA (might take years). Because you are still within your one year appeal window, you could submit the new evidence from the recent EMG and indicate you were improperly reduced. They may reverse reduction like it never happened." Thanks Vync, looks like I need to file a supplemental claim. I have been trying to wait because I am under a medboard for my back, and I figured they would have evaluated me by now, but they keep messing up paperwork. I appreciate the clarity of the appeals process. Looks like I need to do a supplemental with the new evidence.

Thanks Vync, I am confused because the EMG test mentions "chronic L4-L5 Radiculopathy" but also goes on to say at the end that "There is no evidence of Left Sciatic Neuropathy or Left Peroneal Neuropathy". Clearly I know my symptoms, but never took an anatomy class so I'm not sure what this really states and if it confirms my left leg issues stemming from my lumbar condition. You are correct, the rating was not taken away, it was reduced to 0%.

Last Summer I had a reevaluation for a lower back condition. At that time my lumbar rating stayed the same, but for some reason the radiculapothy rating for the left leg was removed. The letter from the VA did not really address it other than to say it is no longer active. I recently had EMG nerve testing done and the report stated "There is electrophysiologic evidence of a chronic left L4-L5 radiculopathy." In my mind that confirms the very rating they removed. I'm not sure how to proceed, the rating was removed in a letter in late October 2018. I know something happens at the one year mark. I live in an area that does not have VSOs that do anything other than say they will get back to you. Any advise on how to properly appeal that?

Well it's a moot point now. I had two C&P exams in 16 minutes and she stated clearly that I do not have sleep apnea.

I may be screwed, he made a clear link but did not use that succinct terminology in either letter. He offered to do the nexus letter and I do not feel comfortable asking him to do more. His treatment and meds have given me a somewhat decent return for now, but the meds are not as effective as they were several months ago. As it is I am rated for Asthma, potentially constructive bronchiolitus. Since it is a rated condition, if it becomes terminal my family will have benefits.