Looking For Copy Of Clinician's Guide Or C&p Manual From 1988

[71M10]

Greetings All:

I feel I have a strong case on a CUE, but recognize feeling isn't evidence. In my 1988 C&P for back injury they stated all my ROM were complete. They didn't use a Goniometer. I know that this in itself is not CUE. They measured my Chest expansion at one inch which from a lot of what I am seeing on the internet would constitute a limitation of motion (non-compensable). Since I had arthritis on the Thoracic spine x-ray at that time, I think this is clearly cue. Arthritis with any limitation of motion that is not compensable is to be rated at 10%. What I am missing is the guidlines in effect for C&P physicals at that time. SC and a 0% rating for a bone condition was the original result. The full rating decision (got a copy this year) said bone condition - thoracic strain with minimal degenerative arthritis.

Is this CUE or am I grasping at straws out of my irritation with the VA?

Best regards,

Tyler

[carlie]

Tyler,

In my opinion what you posted would NOT raise to the level of a CUE.

jmho,

carlie

[Vike17]

71M10,

Accuracy of C&P exams and medical records are not a basis for a CUE. If you felt the rating in 1988 was wrong, you should have appealed it. You had one year from the dat eof the rating to do so! Furthermore, you are compensated for the residuals of any disease or injury to a bodily system, not the number of diagnosis to it. Also, since you were rated in 1988 for your lower back, you were then rated under the old criteria. My guess here is you were rated under DC 5295, Lumbosacral strain, and from what you have previously posted, it appears the 0% would probably be correct even if there was "minimal degenerative arthritis."

In this case you are proabably grasping at straws!

Vike 17

[71M10]

Codes used in 1988 were 5099-5003, 5099 was the only code listed on the award letter/notification.

Trying to think about this a different way. Is it not CUE since the Dr. did not indicate that there was limitation of motion? I suspect the one inch expansion measurement demonstrates limitation, but since the Dr. doesn't specifically mention limitation of motion the RO can not reasonably be expected to rate it?

One of the functions of the thoracic spine is to support the articulation of the ribs in the breathing process. Code 6818 was in use at that time that indicated:Prior to October 7, 1996, the schedular criteria for compensable ratings for

pleural cavity injuries under Diagnostic Code 6818 were as follows: Moderate; bullet or missile retained in a lung, with pain or discomfort on

exertion; or with scattered rales or some limitation of excursion of

diaphragm or of lower chest expansion. [20 percent.

5003 (in effect since 1950) states: Degenerative arthritis established by X-ray findings will be

rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific

joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint

or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for

application for each such major joint or group of minor joints affected by limitation of motion, to be

combined, not added under diagnostic code 5003. Limitation of motion must be objectively

confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion.

In the absence of limitation of motion, rate as below:

In the standard C&P physical, they were measuring and using the data from

chest expansion in thier diagnostics. If mine showed limitation shouldn't a

rating under 5003 apply? I won't file this unless I know for a fact what

the guidelines were. But limitation of chest expansion is a criteria for

Diagnosing Ankylosing Spondylitis, that limitation of chest expansion is

caused by arthritic residuals and inflamation.

I guess back to the original question, where does one get a copy of or find

out what diagnostic criteria was in use during 1988.

[Vike17]

71M10,

If you could could you post the C&P exam results (the write-up from the doctor in 1988) and the actual rating decision granting the 0% for the "Bone condition and thoracic strain." Once I am able to read these two, I'll probably be able to sort this out for you.

Also, for what it's worth, you forgot half of the regulation pretaining to DC 5003. The rest is as follows;

"In the absence of limitation of motion, rate as below:

With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbation..20%

With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups...10%"

Vike 17

Edited June 27, 2007 by Vike17

[huskerfanfl]

I beleive what Vike is saying is that you do not have the basis for a cue, and since you did not appeal, the effective date of any claim that you make now will be the date that the claim is submitted. Because of that, it does not matter what the diagnostic criteria was in 1988.

[stillhere]

As far as getting a copy of the Guide everything that is printed for the gov goes through GPO you might try there and see if they have a archive of the file.

Stillhere