[Chances Of Retroactive Rating, Based On C File Notes Already There]

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...."

[Chances Of Retroactive Rating, Based On C File Notes Already There]

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.

[Ebenefits Site Now Shows My Claims Are In Notification]

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

Yeah but I have already received email from them and I do check junk mail fairly quickly as I am not interested in parking 25 million in my checking account and I don't need prescription drugs from Canada and I don't care if there are women in Dallas looking for me. You know how it goes.

[Ebenefits Site Now Shows My Claims Are In Notification]

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.

[Ebenefits Site Now Shows My Claims Are In Notification]

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.

[Chances Of Retroactive Rating, Based On C File Notes Already There]

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

[Chances Of Retroactive Rating, Based On C File Notes Already There]

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?

[Chances Of Retroactive Rating, Based On C File Notes Already There]

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?

[Does Va Always Do A C&p, Even For Existing Cond.?]

BC/BS-Blue Cross Blue shield.

I just didn't know if I would be jepordizing my family insurance for having my doctor look at this stuff, due to that clause, worded;

"Treatment of injury or sickness because of war, acts of war, or while on active or reserve military duty."

I was in Basic training when I got hurt, so not war/or act of war....technically.......

[Does Va Always Do A C&p, Even For Existing Cond.?]

I have one other concern....if I show up to my GP with a stack of military medical stuff, is BC/BS going to cover it? Dont' they have some kind of thing about not treating injuries incurred during service? My IVDS, and radiculopathy do not appear in my civvie records at all.....

10-4.

Ill work on that this week. My GP always wondered why I never see her about my back-Ive got my C-file and old MRI's I just didn't want to hit her with a stack of papers. My prior rated stuff was all rated on the basis of service records or the C & P's that I had. That was the only paper trail I had at the time. Ill get VA and my doctor and we'll see which one wins. Since ive submitted the request via VONAPP, Ill still get a chance to add more information, right? Would it be faster to get copies and then send them via VONAPP as attachments, or just send them to the RO (which is actually just 2 miles from my house)? Can VONAPP be used to update things, or only for the initial filing/request?

[Does Va Always Do A C&p, Even For Existing Cond.?]

10-4.

Ill work on that this week. My GP always wondered why I never see her about my back-Ive got my C-file and old MRI's I just didn't want to hit her with a stack of papers. My prior rated stuff was all rated on the basis of service records or the C & P's that I had. That was the only paper trail I had at the time. Ill get VA and my doctor and we'll see which one wins. Since ive submitted the request via VONAPP, Ill still get a chance to add more information, right? Would it be faster to get copies and then send them via VONAPP as attachments, or just send them to the RO (which is actually just 2 miles from my house)? Can VONAPP be used to update things, or only for the initial filing/request?

YUP! What Pete just said.

Get yourself in to see your Primary Care Physician at the VA and lay it all on the line. Explain to him/her about your legs, tell them it is making for much worse and ask them what they can do for you.

BUT, in doing so, you are making for you a trail, a trail of treatment, proving to the VA that you do, indeed, have some problems (and, besides, the VA really does like a paper trail and they really do like to be able to look at their work and see that they are at least TRYING to make a difference in veterans lives (I truly believe this, I believe that the MEDICAL personnel, on the whole, WANT to help and try as they might, they DO help, they have helped me, personally). So, give 'em a chance to help and, in so doing, establish yourself a positive history, something that the claims people can check, something concrete in you claim. And, as for you being "young" and most of us old farts are there, so what, we know that the young folks that have followed on in our footsteps, we know that you need help also, and we are making room for you, for you are us, 30 years from now.

Semper Fi!

[Does Va Always Do A C&p, Even For Existing Cond.?]

I haven't been to see VA in a really long time, only for C and P stuff. I have a hard time thinking of them as a 'medical facility' like a regular doctor, despite knowing that I can go to them for even non-svc connected stuff, and I hate going to the doctor in general. I thought about going to see my GP since I can get in to see her faster but I should probably just call the local VA clinic and get in there.

So, despite the existence of the condition in the other leg, my dealing with it without going in every now and then is hurting my chances. It sounds so obvious. :-)

Thanks!

CAS

.

What you can try to do is make an appointment with your PCP or the doctor that treats your condition and go from there. It will take VA some time so you have time to go see a doctor.

[Does Va Always Do A C&p, Even For Existing Cond.?]

My initial MRI and exam indicate bilat pain and some numbness (pre discharge). My initial VA claim rated IVDS, and then later that year I claimed the sciatic pain and numbness in the right leg from L5-S1, which they ascribed to just the right leg and based on my past overall back rating, that they took back to 2002. The left leg has always come and gone, but its become more prominent in the last few years. I probably jumped the gun by claiming it, thinking taht my prior rating for it in the other leg would cover past etiology and that the C and P exam, if there was one, would ascertain the specifics of it. I haven't received treatment for it-since I known what it is, and why it is, there didnt seem to be a reason to go in so my PCP could say 'yup, that's what it is' and to have me continue to do what im already doing for it. Probably my loss for thinking this way.

A claim should always be for a higher rating as most disabilities, in time, get worse.

"It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities"

It is medically quite possible that a leg disability can directly cause and affect the other leg.

Is this stemming from service connected sciatica?

You will need clear medical statements that show this is the case with the NSC leg.Either this is due to the right leg disability or directly due to the etiology of the SC leg disability.

Did you have any evidence at all that shows documentation that the original SC is getting worse= at least bad enough to cause this additional problem?

[Student Loans]

You can also have them forgiven if you meet certain means testing. There is, as of July 2009, a new category of income based repayment that caps your repayment at 15% of your income, but it takes family size and AGI into account.

I have 40,000 in loans, a joint AGI of 36000, but 4 children and Im married. The calculation returned from my loan figures and the bank states that I am in 'repayment' but my repayment is 0.00. My credit reports show im in repayment, and they will check it every year based on my taxes filed. If you file jointly your spouses loans are allowed to count as well, since your AGI is joint so are your expenses. If you start making more, they start inching the payment up. The starting payment amount is the interest only. After 25 years, the remaining balance is forgiven.

CAS

[Does Va Always Do A C&p, Even For Existing Cond.?]

I submitted a completed 21-4138 a few days ago ( I love VONAPP) based on radiculopathy in my left leg. I am rated in my right leg 10% for it, based on a C & P from 2002. I have not had any requested exams from them since then, and other than acute attacks of pain, dealt with via medication (motrin, ultram, flexaril) and lots of conservative maintenance, I really don't have a lot to contribute to this, information wise. I don't go to the doctor all the time for something I already know how to deal with and I feel self conscious going to the VA anyway since im 33. They don't have a lot of younger vets there, mostly older folks, and I feel really self conscious, but I digress.<br style="min-width: 0px; "> I didn't just waste some raters time, did I? Should I have done it a different way? It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities. Should I have, for future reference gone in every time my back hurt or when there was numbness in my left leg? I keep a journal of sorts for this, will that make a difference? ill still have a chance to provide more supporting evidence?

Thanks!

*submission below*

I would like to respectfully request in increase to my currently rated10% radiculopathy in my right leg to include intermittant pain andradiculopathy in my left leg.I was intially rated for DDD, lower spine in 2002, but not specificallyfor radiculopathy. I requested an increase in 2002 for increased sciatic pain andradiculopathy and was granted 10% for my right leg at that time, based onmy examination and case notes. During that examination at that time I wasnot experiencing any tingling or numbness in my left leg, but wasexperienceing sciatic pain radiating from my lower back, and musclespasms and general pain. Over the years since 2002 I have noted that thatpins and needles feeling now extends into my left leg, most noticibly inmy toes. It has always been there, to some degree, and I don't know whyit wasn't noted in 2002 or 2006-most likely through my omitting it duringquestioning or the 2006 exam wasn't related to my back.<br style="min-width: 0px; ">This pain and radiating numbness in both legs is intermittant,and daily,and noted in my initial MRI findings from Portsmouth Naval Medical (Dr.Mayhr (sp)) and sciatic pain and radiculopathy was noted in my C & P in2006 by as well. It was not initially granted with the radiculopathy ofmy right leg, either by oversight, or by omission on my part because Ididn't specifically mention it in conjunction with the other conditions.This daily pain and numbness makes it difficult to enjoy much of my dailyactivty. It starts in my lower spine and extends into my buttocks anddown into both legs. At work I have to change positions every hour 3 or 4times, standing/sitting etc, and the longer I sit the more it hurts. Idon't drive long distance, I don't chase my kids around, I have somedifficulty with exercising and with relations with my wife. The painitself is not more pronounced or increased overall, but its moving into anew region, to me, is notable.<br style="min-width: 0px; ">Please respectfully consider my request for an increase to my 10% ratingfor radiculopathy to either extend to my left leg as a separate rating,or to be included with that of my right leg bilaterally.<br style="min-width: 0px; ">You will find all current information in my C file, the original MRIfindings, and my C & P records and narratve summaries from 2002.Since this is not a substantial increase in anything symptomatic, but anacknowledgement of a continuing condtion, I have not requested specificexams with my GP for this. I continue to take lots of OTC Motrin (800 MGx 4 times a day, sometimes more) and naproxen, and spend a lot of time being reallycareful how I move. I have not requested stronger pain medicationspartially due to fear of their effects, and partially because I work in atechnical job that requires me to be 'sharp' mentally.<br style="min-width: 0px; ">Thank you for your time.

[Greetings And Salutations And All That]

Hi, short time lurker, first time poster. ......

*bu dum dum.....*

I spend a lot of time at VBN, but found this forum referenced as another source for putting claims together, and since I filed my initial claim in 2002 and a second one in 2006, its been awhile since ive done this, so im catching up on the latest/greatest in claim filing.

I was Active Army, enlisted 2001 as a PFC in Logistics (that's getting all your crap to you for you Groundpounders, or REMF's as some of you so fondly call us :-) Went to Jackson, did Basic, laughed my way through most of it since my dad is a former RECON Marine. I had a little trouble at first with the physical stuff, but I was 22 and had been in college for 3 years and was married with a family, too. At the end of Basic while traversing one of our team obstacles during a team exercise (figure out how to get up over the really tall wall) I fell. We didnt have a lot of height or big guys in the squad I was in, so I had everyone lash their slings together, we got the biggest SOB we had up to the top, and then he held the other end secure and then we had a decision to make about baggage and weapons. We figured we'd pass it all up so we gave him a weapon, and I started up. I was carrying the radio so I had the heaviest ruck and it was also my idea, so up I went. Some dumb ass (me) kept my ruck on since I was the only one really good with the radio and didn't want to leave it down there (this was a simulated combat thing against the other squads). I was almost to the top and the sling separated and down I went. It was only about 15 feet, but I landed in an almost sitting position partly on the bottom of my rucksack and radio. Blew out S1 and bulged out L4-5 but didn't know it at the time. They helped me up, we got up and down the obstacle, road marched back, and I had KP the next day when I noticed that I couldn't feel my toes. Since it was the last 2 weeks before graduation from Basic I saw sick call once about it, shut the heck up, and went to AIT. I spent a good part of AIT trying to get it seen by someone more than an Spc that just wanted to give me aspirin, though. Finally got an MRI about 4 months after the fact at Portsmouth Naval. Ummm...yeah, that went well. Fragmented vertebrae, ruptured disc, bulged next one. After that, it was pretty much waiting for the PEB/MEB.

Watched 9/11 unfold from Ft. Lee, finally went home in February of 02. Filed when I got home, filed a gain a year later for radicular numbness that wasn't in the first finding, and filed for tinnitus a few years later.

Here I am, 33, father of 4, married 13 years, got my college degree in 08 thanks to Voc Rehab. I live in Nebraska, so I don't have quite the woes with the RO that some do since ours is so small, so no real horror stories from me.

Nice to be here, Ill put my feet up, and hopefully figure out at some point how I can post in a forum besides this one......