TropicLightning125

Certainly not if you were already receiving a higher rate, but in a case like mine it would have made a huge difference. I received 10% total for my "mild" back pain, sciatic nerve damage, and leg pain back in 2000. Under the new system (it looks like the new IVDS ratings went into effect September 2002 http://www.militarydisabilitymadeeasy.com/historicvasrds.html#disc) I would have received separate ratings for the back and each leg like I am now. I'd have had a combined 30% (10% back, 10% Left Leg, 10% Right Leg) with bilateral factor that would have put me at 30%. 30% would have also made me eligible for with dependents rate. If I'd been rated using these "new rules" starting in say Jan 2003, I'd have received an additional $75,000+. That's not insignificant.

Well darn, Ok, that's kind of what I was wondering and it makes sense why they mention the nerve root issues in the 2000 decision letter now. That said, I still plan to use that letter as evidence my radiculopathy goes back much further than 2018 so not a total loss. It sure would have been nice if when they changed the rating guidelines VA had informed people who were rated under the old guidelines that "hey you might be eligible to claim these separately and for a higher, combined rating now", but I know, that's just crazy talk lol. Honestly I wouldn't have even known I could claim it (radiculopathay) last year except for the fact my surgeon was an AF vet and told me I should.

So my recent claim was closed in October, but I have filed for a supplemental review based on errors made by the examiner during my C&P exam and false statements made on the DBQ. Because of this I had requested a new C&P exam before my claim was decided but never received it. It is now the basis for my "new evidence" One of the "specific issues" I cited on the supplemental form (20-0995) was the effective date for my radiculopathy rating. In the October decision my right leg was awarded 10% effective the date of my herniated disc diagnosis (July 2018), then raised to 20% effective the date of my C&P exam (August 2019). My contention was that the 20% should have been effective at least as far back to back to the date of my herniated disc diagnosis (July 2018). I also listed as supporting evidence in an attachment to my supplemental claim "Evidence of severe shooting pain and numbness in my right leg exists in orthopedic, neurology, physical therapy, and sick call visits of my Military medical records from 1995-2000. More recent evidence of the severity of my right leg radiculopathy going back to at least 2014 exists in my private physician records from Dr. X on (multiple dates listed)". I wish I had found my old decision letter sooner because I would have listed that as evidence too... If I'm understanding you correctly, you're saying I should challenge the effective date all the way back to when my original 2000 claim was filed? How would I do that? I have a new C&P exam (for the supplemental) next Thursday. Would I bring it up then? Should I put something in a statement and fax/mail it in? Because VA is so awesome, I can't add files to the supplemental at va.gov like I could my regular claim... Thanks

First I'd like to thank all of you for the great assistance you provide! I'm a long time lurker but finally created an account to post this question to the experts today. Background: - Discharged from active duty in September 2000 - Participated in a "VA Pilot Program" where you sat with a VA clerk during out-processing to determine any potential disability claims, which were then submitted by the clerk for you. - In Jan 2001, received a decision letter with the following rating, back dated to my date of discharge: "Service connection for degenerative disease of low back has been established as directly related to military service. An evaluation of 10 percent is assigned under diagnostic code 5293. An evaluation of 10 percent is assigned if there are mild symptoms associated with intervertebral disc syndrome." Fast forward to 2018. I experienced a herniated L4-L5 disc and had a (mostly unsuccessful) discectomy . I applied for an increase for my Degenerative Disease of the lower back and for radiculopathy of the sciatic nerve in both legs. My claim was closed in October 2019 with no increase for the Degenerative Disc Disease (a story for another time, but a bad C&P was involved and I've already filed a supplemental), and new secondary ratings for the radiculopathy: 10% Left Leg and 10% Right Leg back dated to my 2018 surgery and the right leg increased for some unknown reason to 20% on the date of my (bad) C&P exam in August 2019. My question: In reviewing my original 2000 claim decision letter today, I found this statement listed under FACTS: "MRI findings have revealed degenerative changes and degenerative disc disease of the lumbar spine. EMG studies have revealed mild chronic recurrent L-4 root irritation." Keep in mind, at the time of discharge I was only rated for the Degenerative Disc Disease, not any leg/nerve issues, though it is clear from my Service Medical Records I also had recurring leg pain and numbness. Is it odd that they literally called out the EMG results in my rating decision but did not grant an award for Sciatic Paralysis/Neuralgia/Radiculopathy back in 2000? Based on the current schedule (http://www.militarydisabilitymadeeasy.com/lowernerves.html) I think the "mild chronic recurrent L-4 root irritation" would have granted a rating of 10% for incomplete partial paralysis (8520) and/or neuralgia (8720). But...did these codes even exist back in 2000? I certainly was not aware or told that the nerve/leg pain was a separate rating. How would I even go about finding out if these diagnostic codes existed in 2000? In the event there was a rating available for this back in 2000, would this be something that would be eligible for a CUE? Obviously after almost 20 years I'm well outside the window to appeal the decision, but I feel the clear unmistakable evidence is right in the VA's own decision letter, and 20 years of an additional 10% rating makes this worth my time and energy. Thanks again for all you do!