Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
brokensoldier244th
-
Posts
3,527 -
Joined
-
Days Won
121
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by brokensoldier244th
-
-
Ive been looking more, and I found that the VA noted difficulty with erections and PE in 2003 directly worded in the docs notes as a result of my disc herniation.
Does that change anything or would the EED still be now?
Thanks, all!
-
So, I just got back from my doctor, and laid out my med history for her, for my svc. connected stuff. She'd never seen it so we spent an hour or so going over it all, starting with my C and P from 2002 when I was rated for DDD. I asked her a few questions:
1. Is it possible the C and p doctor in 2002/2003 messed up in not service connecting my left leg?
2. Is it Radiculopathy/DDD getting worse overall?
3. Do I have ED?
Based on what she said i'm claiming increased radiculopathy in Rt leg, Service Connection for radiculopathy in my left leg, and amending my current claim for ED based on her examination and prescription of Paxil for it (PE). The VA doc put me on a year's load of Gabapantin and Meloxicam, and a burst of Prednisone (though im kind of liking that stuff.....) I have a claim in for the radiculopathy, but Im adding the ED to it via the 21-4138 they sent me the other day for any more information.
Here is what the C and P doc said in 2002:NOTE: Examiner notes that "…he says that his left foot is basically is completely okay at this point and does not really cause him problems…." But I answered in response to his questioning about which leg was currently causing me pain and numbness at that time in the examination. A little later examiner notes "he has back pain daily, shooting pain and numbness in right leg periodically throughout the day, but he does have some numbness and shooting pain into the right leg and foot at some point at least once a day and usually a couple to a few times a day". This should have been noted for my Left leg and I believe that the examiner errored while typing the summary by typing "Right" twice. It makes no diagnostic sense, otherwise.
My C& P from 2003 rates radiculopathy, and then rates it in only in my Right leg based on the notes in my 2002 C and P (above).
My doc looked at the above, my MRI's, XRays, and the write ups, and said that she thinks it's possible that the C and P doctor messed up because he mentions the right leg twice. She says based on the reflexes from that exam, and his notes, and clinical notes and other things that he most likely meant to say the left leg was also experiencing these symptoms as well.
So, does that do anything for me? I have a claim in now for my Left Leg radiculopathy since its not rated or service connected. They rated my Radiculopathy in 2003 back to 2002 and my initial claim for DDD, even though radiculopathy wasn't rated service connected until 2003. Why did they do that, if I didnt file the claim until later?
She also prescribed me Paxil for pre-mature fireworks based on the nerves that are compressed in my spine. SO...what constitutes ED, exactly? Is it inability to get an erection, or does premature getting there count?
My VA doc appt. the other day notes both legs with radiculopathy, and my new xrays confirm Disc Space Narrowing at both L5-S1, and L 2-3.
My old Xrays only say "Possible disc spacing L5-S1". Is that 'getting worse' in VA-ese?
-
I live about 4 hours away from my regional office and did not want to drive there.. Is there any other way to sign up for the premium on ebenefits?
Not that I know of. "in person verification' is what they call it, and I think the only way to do it is to physically present yourself. *shrug* Sorry! Maybe a VSO could do it?
-
provided that the veteran does their part by not filing for everything under the sun (mud slinging at the wall) and that they document stuff the first time, or have adequate supporting documentation, I don't see why there would be any problem. Some of the responsibility resides on the vet, too. For example, if you have a year to appeal, why take the whole year unless you have some kind of extenuating circumstance? That just delays your claim another 364 days.
-
they have been messing with/ upgrading the site for the last few weeks, along with Myhealthvet, so there are times that it won' t log in, or it does log in but nothing works-the link behinds are not always tied together or something.
-
So, I just got back from my doctor, and laid out my med history for her, for my svc. connected stuff. She'd never seen it so we spent an hour or so going over it all, starting with my C and P from 2002 when I was rated for DDD. I asked her a few questions:
1. Is it possible the C and p doctor in 2002/2003 messed up in not service connecting my left leg?
2. Is it getting worse overall?
3. Do I have ED?
Here is what the C and P doc said in 2002:NOTE: Examiner notes that "…he says that his left foot is basically is completely okay at this point and does not really cause him problems…." But I answered in response to his questioning about which leg was currently causing me pain and numbness at that time in the examination. A little later examiner notes "he has back pain daily, shooting pain and numbness in right leg periodically throughout the day, but he does have some numbness and shooting pain into the right leg and foot at some point at least once a day and usually a couple to a few times a day". This should have been noted for my Left leg and I believe that the examiner errored while typing the summary by typing "Right" twice. It makes no diagnostic sense, otherwise.
My C& P from 2003 rates radiculopathy, and then rates it in my Right leg only based on the notes in my 2002 C and P (above). My doctor looked at the above, my MRI's, XRays, and the write ups, and said that she thinks the C and P doctor messed up because he mentions the right leg twice. She says based on the reflexes from that exam, and his notes, and clinical notes and other things that he most likely meant to say the left leg was also experiencing these symptoms as well.
So, does that do anything for me? I have a claim in now for my Left Leg radiculopathy since its not rated or service connected. They rated my right leg SC for Radiculopathy in 2003 but dated it back to 2002. So what are the chances that since I have other records besides just these that show both legs suffered from it back to 2002, that they will rate the left like they did for the right, and go back to when they rated the right-2002?
She also prescribed me Paxil for pre-mature fireworks based on the nerves that are compressed in my spine. SO...what constitutes ED, exactly? Is it inability to get an erection, or does premature getting there count? Does this count as ED? I have a VA doc noting that I have difficulty with erections and sexual dysfunction caused by my back/nerve issues going back to 2003.
My VA doc appt. the other day also notes both legs with radiculopathy, and my new xrays note Disc Space Narrowing at both L5-S1, and L 2-3.
My old Xrays from 2001 only say "Possible disc spacing L5-S1". So, I interpret that as getting worse.
On a related note, I have my Xrays on a CD that I got from the radiology dept. They gave me the write up, but the ACTUAL xrays, too. It's awesome-a digital copy of the actual films. Pretty neat.
-
From what Ive read, Ray, once they assign a code to something its really hard to get it undone, especially if its outside of the presumptive period (1 year out) or appeal period. I think backs due to arthritis can only go to 40%, vs DDD (what I have) going to 60% (I feel your pain)
Someone with more expertise will come in, but i think, at 80% you can get IU since anyway, since your combined rating is 80%. You could look at ratings for neuropathy or numbness, loss of feeling, etc-that could get you to a higher schedular, even maybe 100%-then if you want to putter around making fishing lures or something and get paid they can't say "but you are working" and take away IU if you get it.
There is also 'extra-schedular' evaluations where you can get IU even without the 60% single disabilty, but that doesn't seem to be you.
"Veterans can be considered for IU if they have one disability of at least 60 percent or two disabilities with a combined rating of at least 70 percent. One of every four veterans with a 60 percent disability is now IU and paid at the 100 percent level. Likewise half of all 70 percent disabled veterans, two thirds of all 80 percent disabled veterans and three-quarters of 90 percent disabled veterans are considered unemployable."
http://www.stripes.c...iu-vets-1.33491
Can you even receive Post Office retirement and military at the same time? ( I would speculate yes, but USPS is a govt. employer, so you might want to make sure.
Sorry I can't be more help.
-
If you click the "Choose File" link under the window when you post then you can just attach from your computer directly to the posting. I would edit anything you attach for personal stuff as well.
Im in IT and I see a lot of people that post "belarc advisor" software logs of their computers while trying to get help fixing things, but they just post the whole thing-which inventories your licensed software and it's associated keys, too.
Can't be too careful. Megaupload may be 'free' but its not 'private' unless you pay for it, otherwise it is ad sponsored. Id feel safer granting access to one of my Google Document folders as a share before id host a document like my C and P on the internet.
-
Zombie thread resurrection.
Is PN the same as radiculopathy? I am rated 10% for radiculopathy in one leg, but I have it in both now, 2nd to DDD (40%). Ive put in an increase for the one, and requested Service Connetion for the other since it's unrated.
Would they change it to PN, or call it bilateral radiculopathy, or is it the same thing?
CAS
-
Got it. NO Big Nuts, All Go, NO quit Harry Stamper.
10-4.
My wife would laugh. I talk to her about stuff and she said the other night, "So, you want me to go for you, since if YOU go, you'll just get your meds or whatever, and then just go back to work or come home?"
Well, actually,
"Hi Doc, I'm depressed." should do the trick.
REALLY.
Just tell your PCP that you are suffering from what you believe to be "depression" and you want to see someone for help. If the PCP asks you if your are contemplating anything out of the ordinary, then be truthful (I've had my life saved by the VA, and, no, I'm not "ashamed" of being sick!).
It took a hell of a lot Bigger Man for me to admit I was sick, than to be sick. Okay?
-
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.
If you have chronic pain or depression due to these disabilites you should claim them. You need evidence that there is a nexus between the disabilites and the MH issues. You get this by having a shrink write a nexus letter. You need to look at your whole disability picture. If you have chronic pain and depression you should be seeing a VA shrink. Your job is to document every possible disability. Do you use the VA pain clinic? You are in this for the long haul.
-
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!
That's a pretty good start. Try to break down each claimed condition separately, unless they are interconnected. You don't want to confuse the RO staff any more than they already are.
Has your claim been open since 2003/2003? If it is for a new/secondary, they will go with the day they received it, unless you were out of the service within 12 months. If it is for an increase, dig through your records and find documented treatment 12 months prior to filing and you can get that date. I did that with my asthma claim and won the date I wanted.
Make sure Dr. Sellon's narrative meets the requirements of an IMO/nexus letter.
Make sure the clinic notes are highlighted so the RO analyst can find the facts quickly.
Include any beneficial evidence of your current state. A lot of what you reference is more than three years old.
Also, because they removed your third molars, watch out for TMJ pain. The Army yanked mine and my jaw is all jacked up.
I really hope you win your claim
-
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.
....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.
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?
-
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.
What should I do now? Resubmit through vonapp with my increase request? Call my regional office? Punt?
Thanks in advance for any and all help you can provide a rookie like myself.
-
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.
Something here doesn't make any sense.
Your profile shows you are 50 % SC.
This alone, entitles you to all needed Medical Care, RX's and Prosthetics.
So, I see no reason at all you would need to re-visit eligibility.
You're still receiving your compensation in a timely manner - right ?
-
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).
Vaf if you help much more if I had a payroll I'd be compelled to add you. I went to the QTC Severity Exam on 4/19 and have since heard comments pointing to common complaints regarding QTC as opposed to VA C&P exams. I am quit cynical so regard my point of view with that assumption.
I have been examined by both and have not really experienced any more bias from one than the other. That just being me so that's hardly scientific evidence. In my view they both have a quota, not meaning each doc has only so much they can find as SC'ed or very severe etc. That would not be functional or possible to implement. I think it is easier for the VA to control outcomes with less cupability though than sending a memo to each VARO saying our budget is this so you must meet Xs by outsourcing. That sounds ridiculous to some but I do not believe VA raters are just thinking up ways to down rate back problems just for kicks. I believe it is plain institutional policy driven by budget. Hence this Lumbar Strain nonsense. Here a rater is reading a radiology report: large L5 Protrusion pushing S1 to forward facet. Similar on up the lumbar/Degenerative disease/...= strain. That doesn't even pass the laugh test. Budget?
That is very beneficial information about the goniometer(plastic hand held low tech angle finder) that he did in fact use this time which they would otherwise guesstimate the distance which could make the difference from one rating to the next, all this after 1 year earlier finding my spine in normal condition. Yes, same QTC Doc, but he did a thorough exam and it did in fact help to haul in all my radiology reports, discs, reports, and etc. He sent his nurse out front to get some radiology reports from past MRI's and Flexions. Which ones she picked I do not have a clue but otherwise they are running on just their own opinion rather than having to knowingly report contrary to previous findings. I have no doubt this gentleman is very competent but what I do not know are QTC's marching orders and the raters actual boundaries. I will report back when the rating is in, but it stands at 20% now from the VA.
For future examinees:
Lumbar Spine Exam
bend forward
bend lateral left and right
bend back
twist left and right
SLR bilateral
reflexes
verbal history (on their questionaire I was rather expansive so that either surprising, irritating, or both to him but hey I wanted him to have all the info I could get to him).
dorsiflex bilateral feet
no wood pin pricking but light touch for numb and tingling areas
3 xrays 1. flat on your back 2. left side 3. right side.
the end.
possible checks for truthfulness for example seating you then straighten leg for some other reason then observe reaction. Many more of those possible.
That pretty much covers my experience which no doubt will vary from doc to doc and place to place.
-
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
Increase Filing For Radiculopathy/new Filing For Radiculopathy And Ed
in Entitlement - Veterans Compensation Benefits Claims
Posted · Edited by brokensoldier244th
double post