brokensoldier244th

Not as of yet. I was rated in 2002-2003, then did Voc Rehab in 2004-2008 and threw myself into school and work. I didn't have time to be depressed, and I ignored 'me', taking OTC meds almost continuously because I didn't want to deal with VA, but I didnt' want my military back injury to show up on my records for my MD, so I wasn't getting any medication from her, either. (a misreading of my insurance policy's "injuries incurred during war or acts of war.....not covered" clause. My fault, but still) I graduated from college in 2008 and now I just work, but for the last year I have been wading through a mortgage modification hell since Taylor Bean collapsed, and BOA tried to say I owed 9 months of of mortgage payments that just evaporated. Now that that is over, here I am, and I have a lot more time to focus on 'me'. I have VA and private doc appts for this week, and will bring up pain and depression, though I don't really konw how to approach the subject of depression. I'm figuring that " Hi, Doc....Im depressed. Hook me up!" Is probably not the way to go. I don't konw that im 'clinically' depressed, so I don't know if I should claim it yet or not. I haven't see a shrink about it, but that will come up on Wed when I see my PCP at VA.

How do I word weakness in my lower extremities and altered walking? What is 'incomplete paralysis' with regards to DDD and radiculopathy in the lower extremities? My wife says I shuffle like an old man crosses with a duck-i don't lift my feet much and when I do throw them forward from the knee and land hard on my heels.

This is a 'it got worse' claim, plus a 'by the way, this other thing has always been here, but it got missed' claim, I guess. My left leg has always had problems, and when I got rated for 10% at the time I must not have read it very closely as it was only for my right leg. I was looking a few weeks ago at filing again for my back being worse and found that my left leg was not connected. I was rated for DDD in June of 02 (6 mo after discharge) and my Radiculopathy rating went back to Sept 02 because I filed for an increase in January of 03, still within my year after discharge-something about them changing the rating schedule in 2002, so that's how far they went back for that one. So-they are kind of interconnected. I have IVDS and radiculopathy in one leg. I have it in the other leg, but wasn't rated, so im trying to tie them together that way. The weakness, fatigue, diminished reflex, and altered gait I figured were all one thing-not sure what to do with those. IF they don't award my left leg back that far, that's fine, but im at least trying to establish service connection, though, im hoping to show that I had it then, and still have it now, and it should have been rated then. (make sense?) Ill make sure I have a copy of a 'boilerplate' nexus. Notes already highlighted in most places. Exams at VAMC and my doctor next week for current issues. I'm also going to ask what 'foot drop' is and have my reflexes retested. I walk kind of like a duck with a waddle and my feet slap from heel to toe, and my legs feel weak, especially after sitting or standing too long. Im also going to ask about MH stuff, but im not claiming it since ive never asked about it before. no TMJ so far, but thanks!

Okay, slightly edited, and I changed the CFR I had listed. I'm done working on it for now, so any opinions/thought/suggestions are very welcome. THIS IS A CORRECTION OF SOME ISSUES ON THE CURRENTLY PENDING CLAIM.doc

....and is this as good, or better than the new 21-526b form that is available? I already have the base claim submitted for increase on a 21-4138 in VONAPP (received and acknowledged), and this is the supporting documentation that they are requesting that ill be taking in to the RO.

Its a work in progress, and there are some exams next week that arent on there yet, but here is how im approaching it. Too much? THIS IS A CORRECTION OF SOME ISSUES ON THE CURRENTLY PENDING CLAIM.doc

Also keep in mind things like, if you say you have 0 flexion...but then sit in a chair, you just flexed 90 degrees. Granted, your legs are bent at the knee (which, if you think about it, is the same way they do a straight leg raise sometimes to see if someone it over-exaggerating their pain) and since the sciatic nerve is not flexed at the foot from your leg being straight, there conceivabley would be less pain. Don't let them hook you on "but you can sit in a chair.....". A basic knowledge of anatomy or biomechanics where it involves your particular injury is a must. Chin up and good luck.

Wells Fargo, Steaming load. Approx 0330 hrs CAS

There is nothing wrong with VONAPP in my own experience. My first claim was filed that way, my first increase in 2003 was also requested that way. YMMV, but I find it kind of cool to type up the sheets once, then print them off on the right forms already laid out and submit. I can attach supporting stuff or just carry it in to the RO (im lucky though, the Lincoln RO is 2 miles from my house) Good luck, I have an increase pending right now for IVDS and radiculopathy.

IS there a link to the FAST letters? CAS

[Yup-PA Ward, whatever his name is. I wasn't worried about the "ward" part, just wanted to know if I was looking for a 'ward' or a 'Ward'. :-) quote name='Philip Rogers' timestamp='1280392557' post='211228'] That's usually the name of who you're going to see. Call the VAMC appointments office and ask. Unlike what's been reported they really don't "bite." jmo pr

Absolutely, Carlie. Ive been rated 40% since 2002, and they added 10% radiculopathy in 2003, and Tinnitues 10% as well, rounding down to 50%. Still getting comped-went through Voc Rehab from 2004-2008 and graduated. They have never asked me for a re-exam, though I don't have any 'permanent' wording in either of my other two findings. I think being over 5 years makes me 'static' or something, but I don't know that that means anything.

The straight leg test stretches the sciatic nerve. If your foot is dorsiflexed ((pulled backward, like they are supposed to) it puts pressure on the sciatic nerve, so when they apply dorsiflexion and then lift your straight leg they can look for a reaction. Plantar flexion (the foot/toes pointed down) releases some of this tension on the nerve during a straight leg test so when they raise your leg it should hurt less. They also sometimes to test with a bent knee (releases pressure, doesn't cause stretching) and I had one guy push on the top of my head for a lumbar exam (no load borne by lumbar spine, so no pain).

Thanks Phillip, So since I have the initial claim *see below* asking for radiculopathy, since that what it was called on my initial finding, do I just leave it as it is, submit private and VA clinicals and hope, or can I amend/or ask for PN on a subsequent form that I submit with my other supporting information? The confusion on my part comes from finding PN/bilateral radiculopathy used somewhat interchangeably while researching this, and that Ive already filed the initial statement of claim. Thanks! CAS name='Philip Rogers' timestamp='1280393631' post='211230'] James advised you what to do. If I were you I'd do as he stated. It's a win win situation, in my book. pr

VA lost me in their system and so im having to go through eligibility again. The letter I got shows 2 appointments. One for L/Laboratory (NC) Clinic on one day and one for L/PC Ward Clinic the next. <br style="min-width: 0px; "><br style="min-width: 0px; ">Is "Ward" part of the clinic name, or is it the name of the person they assigned as PCP for me? This is the Lincoln, NE VAMC if anyone local is around to comment. Thanks! CAS

You can also get your MEPS exam on Ebenefits if you have a Lvl II access. It takes a few days after you file the electronic request (like 2) but then you get them as PDF's on screen, you just save it as a file and there you are. its under DPRIS on their website after you log in.

Its possible to submit another statement in support of claim during this process, right? For example, I have a private doctor appt next week for this-I can submit that to them directly? I also got a letter today from Eligibility at VA that I have a Lab and Appt next week too. I called VA first to get an appt with a PCP but they lost me and said I wasn't in the system despite being rated since 2002, so I called my doctor instead. I must have triggered something because now VA wants me to come in for eligibility and a lab-funnily enough, one of the two appts is ON THE SAME DAY as my Dr. appt with my doctor.....rains and pours, I tell you.

Yes, it is. "I would like to respectfully request in increase to my currently rated 10% radiculopathy in my right leg to include intermittant pain and radiculopathy in my left leg. I was intially rated for DDD, lower spine in 2002, but not specifically for radiculopathy. I requested an increase in 2003 for sciatic pain and radiculopathy and was granted 10% for my right leg at that time, based on my examination and case notes. During that examination at that time I was not experiencing any tingling or numbness in my left leg, but was experienceing sciatic pain radiating from my lower back, and muscle spasms and general pain. Over the years since 2003 I have noted that that pins and needles feeling now extends into my left leg, most noticibly in my toes. It has always been there, to some degree, and I don't know why it wasn't noted in 2002 or 2003-most likely through my omitting it during questioning. This pain and radiating numbness in both legs is intermittant,and daily, and noted in my initial MRI findings from Portsmouth Naval Medical (Dr._____r (sp)) and sciatic pain and radiculopathy was noted in my C & P in 2006 by as well. It was not initially granted with the radiculopathy of my right leg, either by oversight, or by omission on my part because I didn't specifically mention it in conjunction with the other conditions. This daily pain and numbness makes it difficult to enjoy much of my daily activty. It starts in my lower spine and extends into my buttocks and down into both legs..... [stuff about how it affects me here....] ........Please respectfully consider my request for an increase to my 10% rating for radiculopathy to either extend to my left leg as a separate rating, or to be included with that of my right leg bilaterally. You will find all current information in my C file, the original MRI findings, and my C & P records and narratve summaries from 2002 and 2003...."

Thanks, James. I didnt think AO was related,I just thought that the term presumptive was reserved for certain issues where the proof (AO) may be decades old but serving in that area qualified you. Id never seen it as a blanket phrase.

Yah, I hear you. Just had to throw that out there. I work in IT and you wouldn't believe how many people don't get emails from me for important stuff because their spam filter scoops them up. CAS

Ive also found that if I navigate away from ebenefits or MyHealth instead of 'logging' off it has an issue with my logging in again and I have to clear cookies and cache before it will let me back in. Probably a byproduct of them being on a government system.

Pete-did you check you junk mail? I registered for MyHealth 2 years ago and I tried to tie it to ebenefits the other day, but couldn't remember the Health UN/PW. I clicked the 'forgot' links had an automated email in about 30 seconds but it went to my junk mail folder. I went to the RO in Lincoln the other day and it took about 20 minutes to in-person verify, but I also realize my RO is really small compared to those in larger regions, so I probably got luck. Once I got them over the fact that they still had my .mil email address in their systems connected to DEERS it was pretty smooth sailing.

Peripheral neuropathy-presumptive, like within1 year of discharge? i always thought presumptive conditions related to AO and things like that, or am I thinking too narrowly? The right leg is listed under radiculopathy rt. extremity, not peripheral neuropathy, but I googled around and found that radiculopathy can sometimes be in both legs, and ive read it called both, even by vets rated for it, at least according to some sites. That makes it kind of confusing! Sciatic nerve radiculopathy seems to be the way to go vs. neuropathy since it rates higher, at least according to my other rating's wording Its been some years, due to the degenerative nature I figured it could be the other leg was from this. Ill keep digging around. Thanks! CAS

For those of you doing the math, I have 10% for tinnitus, too, but didn't post that as I didn't feel it was relevant-but it makes the math look wierd for my overall rating so I thought id better correct it. CAS

Rated June, 2002-40% Degenerative disc Re-evaluated at my request March 2004, no increase DDD, but given 10% Radiculopathy Rt. leg going back to September 2003 because of a change in rating Invertebral disc. I was looking over my Cfile and contemplating filing for an increase for my lower back for pain, range of movement when I noticed that my 10% was only for 1 extremity. I went back through my service records, clinic notes that I kept, Xray/MRI, C/P from 2002, and private doc notes from 2003, and found more than once I had mentioned both legs/feet radiating with pain/numbness and fatigue. The C and P doc noted right leg in 2002 only, but then I had just gotten out and I didnt' even have my med records with me. He said right leg because is what he checked that day, and I guess in 2002 they didnt rate for radiculopathy with degenerative disc or something since it was granted later retroactively? I don't have the notes or phsical therapy records from 2003 since I had already had a copy of my whole file by that point. Ive put in a claim for my back, but what are the chances if I provide the prior notes, highlighted and summarized that are already in my Cfile, with my current private doctor's notes worded correctly (since I couldn't get a VA appt anytime soon, even in NE) along with statements from spouse/co-workers about how I move around, that they will: A. consider my request to grant 10% for my Rt leg bilateral to my already rated left leg as secondary to Invertebral disc syndrome, and B. that they would go back to September 2003-the same date they granted the first 10%? Since I have prior clinic notes RE: bilat of the sciatic pain and numbness, could Deluca and preponderance of other evidence prior to the C and P in 2002 help me, or am I too late for retroactive?