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About DownRange1

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    E-2 Recruit

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  • Service Connected Disability
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  1. DownRange1

    New To The Site

    Hello everyone Im new to the site. I have been following this site for a while now and its an awesome site for Vets and their love ones. I am 10% SC for IVDS. I had surgery on L4-L5 disc. I was granted SC dated on Jan 1, 2005. In the award letter for the rating decision for the IVDS it stated that an MRI on April 26, 2004 showed findings of L4-L5 central disc protrusion with mass contacting L5 nerve root. In my medical records that they used to come to the decision clearly states that I was diagnosed with radiculopathy. I've read many post on this site and also the VA training letter on IVDS. The way I understood it was the VA has to rate any neurological finding seperately. Wouldnt radiculopathy and mass contacting the L4-L5 nerve root causing pain be a neurological finding? Also it states under 4.71a-20 note (1) in the schedule rating critera for the spine, that any associated objective neurologic abnormality be rated seperately.Wouldn't this be a Failure to Fully and Sympathetically Develop my claim? Also, had not this error been made it would have resulted in a different outcome of the decision. I have also undegone L4-L5 surgery again this time fusion. Because of very large recurrent herniated disc, this caused my muscles in my buttocks to wither and shrink (severe pain) and its documented. I have a claim SC for sciatic pain secondery to the IVDS. Is this a CUE and should I file if it is? Thanks

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