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.

Do you think the letter will not take care of it as is?

"Of note, his initial respiratory problem was shortness of breath consistent with asthma. Shortly after the set of his asthma symptoms, he developed sleep apnea. As his asthma progressed, his sleep apnea progressed. Asthma is a known risk factor for sleep apnea. I believe his asthma is clearly related to his two deployments. His sleep apnea should be considered a complication of his asthma and therefore a deployment related condition." I don't see how they will deny that, but I'm sure they will find a way.

I was originally denied for Sleep Apnea in 2012. My Pulmonologist that treats me for lung damage from Burn Pit Exposure believes that my Sleep Apnea is secondary to the exposure. He even offered to write a nexus letter. No one has ever offered help before, of course I accepted. The claim is now reopened and I have submitted his letter. If it is granted would the effective date be the date I reopened with new evidence, or the original date of the claim? Thank you for any knowledge.

They rated me for Dypsnea (shortness of breath) doc25, but I was put on a COPD inhaler several months ago. I'm not sure if the rating criteria is very different for the two. I do know that month by month I'm using the rescue inhaler far more and have trouble doing my job. The dypsnea ID is what I was referring to regarding the helpful C&P examiner, he told me he was adding that code, apparently shortness of breath was not cutting the mustard. The VA has denied the breathing claim two times in the last decade. I am fortunate that I still function at a lower level but it seems to be degrading. The largest problem with the burn pit breathing illnesses is that many still have a somewhat FEV etc test, but have COPD like symptoms, so they are typically denied.

I did complete the Burn Pit Registry and the VA kept emailing me telling me to get a "Burn Pit Physical." Every time I called to see about the physical the local VA Clinic said they were aware of the physicals but did not know how to obtain one for me. That took two years to resolve. As soon as I got in touch with a patient advocate he immediately gave me the number to call for the exam and I could have been there in days if my schedule allowed it. The actual exam was basically a VA employee reading my responses back to me and typing. Basically it could have been done over the phone. The person pushing the paper told me I should file a claim for IBS, and a letter that arrived weeks later invited me to file for IBS as well. I left wondering why they were advising me to file for IBS, yes it sucks, but the elephant in the room to me is the loss of breathing capability. I did have an independent medical opinion from a pulmonologist that understands the impacts of burn pits. Hopefully, now that it is SC, the VA will be willing to provide my inhalers. BTW, they denied the IBS claim.

Of course VA math is curious, but I was granted the SC status. My breathing has been continually degrading for years due to burn pit exposure during my Iraq tours. I quit smoking years and years ago, but keep needing more and more inhaler use to make it through each day and had to add a steroid COPD inhaler several months ago in addition to the rescue inhaler. The 30% rating does nothing to my overall combined rating, but it does at least give me the peace of mind that the VA has acknowledged that I have a condition and hopefully it will help me if my lungs keep getting worse. The rater seemed to go out of his way to help me with the breathing condition, while the other C&P examiner for a different condition blatantly lied on the DBQ. The VA is a mess.

Thanks Brokensoldier. I have trouble reading that mumbo jumbo. She reported initially that I do not have IBS and managed to somehow leave out much of what I responded to in her questions. I would think keeping and at times needing back up clothes at work would have made it into her DBQ, no dice.

Background, I have many weird symptoms that that I am certain are related to burn pit exposure. After completing the Burn Pit Registry the VA encouraged me to file a claim for IBS. I did so. The examiner did not record my responses correctly from what I could see at the Blue Button report. Last week my claim went from "Pending Approval" back to "Gathering Evidence." Today I was able to access this note that I cannot decipher despite being fairly smart. Is she saying there is no way I have IBS because I have a history of GERD? I've had GERD for years and it is very different from the symptoms I have had since my deployments. I'm adding a screenshot of her response. I posted a different question last week because she seemed to have granted me a very generous range of motion that I have not had for years regarding a back condition.

I figured out how to access my C&P exam through the blue button and I was shocked. I have been rated at 20% for several years with an additional 10% for radiculapothy. The examiner notes read as if she was examining someone other than me. She noted no radiculapothy and also somehow measured me at 45 degrees forward flexion. It is like she literally lied on the DBQ. I have not had 45 degrees forward flexion in years and the radiculapothy is fairly persistent. If I understand the ratings correctly, her findings are good enough to get my rating lowered despite being much worse off than I was when the 20% was granted. Do they get performance bonuses to screw people?

Just wondering about the DBQ you posted. I had a C&P exam for my back a few weeks ago, I do not see a DBQ posted by the examiner, should I see it in eBenefits?