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Ivds Spine - Got Copy Of C & P Exam Results


MRRRR5
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Already SC 10% for c-spine; was involved in a MVA back April 08 and started having spasms in neck which reinjured an old MVA from when I was on AD.

This is the last page from a C&P done in June 08 for spine increase, which also says on the front that "C-file was: not requested by VARO, Medical records were: not requested by VARO; comments on records: VISTA CPRS REVIEWED" (what ever that means)! B)

The attachment also the beginning (first page) of a C&P from April 06, and as you can see, it says, "REVIEW OF MEDICAL RECORDS: No C-File to review" and it states that throughout for each condition that was examined; some of the examined issues where SC at what I thought were the appropriate level; several others were denied because some of the data the examiner listed in the C&P was just plain wrong and not what I told them.

Just two brief questions,

1) based on the spine diagnosis, what are my chances of an increase for the spine?

2) Can I challenged specific areas of the April 06 C&P exam results or would the entire exam have to be challenged?

I should have requested this long time ago but I didn't know about it until I found this great site with wonderful fellow Vets in February 2008 this year! B)

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  • HadIt.com Elder

I wouldn't worry about there being no c-file to review. That is common when the C&P is for a condition that is already SC'd. They are just wanting to get a current medical picture of the SC'd condition, and items in the C-file wouldn't matter at this point.

As to the whether or not the rating will increase, post up your ranges of motion. Also, you said you have 10% for the c-spine. The doc says in the report that you also have a chronic L/S spine strain. Does the doc say anywhere in the report if that is related to the sc'd c-spine condition? If he does, then you can get rated on those two areas simultaneously. If it does not relate the l/s spine to the c-spine, then have your pcp make a comment about it in the progress notes, or have them fill out and sign

this document relating your l/s spine strain to the c-spine condition.

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I wouldn't worry about there being no c-file to review. That is common when the C&P is for a condition that is already SC'd. They are just wanting to get a current medical picture of the SC'd condition, and items in the C-file wouldn't matter at this point.

As to the whether or not the rating will increase, post up your ranges of motion. Also, you said you have 10% for the c-spine. The doc says in the report that you also have a chronic L/S spine strain. Does the doc say anywhere in the report if that is related to the sc'd c-spine condition? If he does, then you can get rated on those two areas simultaneously. If it does not relate the l/s spine to the c-spine, then have your pcp make a comment about it in the progress notes, or have them fill out and sign

this document relating your l/s spine strain to the c-spine condition.

Thanks for the response; one correction on my rating.

I am SC 0% (zero) fot c-spine and 10% for low back pain with herniated nucleous pulpous. For both conditions on the original decision back in 2005 stated I would be scheduled for re-examination because the examiner "did not discuss whether there is likely to be decreased range of motion or functional limitations with repetitive use". Well, it's been 3 years and I never heard from VA on the exams.

From this info, if an increase rating is granted, the EED should apply in my opinion since they never contacted me with a new exam date on these 2 issues.

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  • HadIt.com Elder

I'm not sure if this is a claim for increase, or a appeal. If it is the former, then the eed will be the date of the claim. If it is the latter, then it should be the date of the original claim. Post up what your ranges of motion were for the l/s spine and the c-spine in this last C&P, and we can get a good idea of what your rating will be. BTW...your l/s spine should be rated under dx code 5243 (IVDS), which means that you can be rated for secondary orthopedic and neurologic manifestations based upon that single exam.

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ok, I'll get them posted; may take a minute since it is 12 pages long.

Also, I asked for an increase for these conditions and never appealed the initial ratings on them since they were going to be "re-examined" to determine yada, yada, yada....

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IVDS_Scan.htm

Rental,

i had to put this in a word document format to delete the personal data; I hope the writing isn't too small. B)

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  • HadIt.com Elder

I hate to be the bearer of bad news, but your spinal ratings will remain the same.

In order for the c-spine to increase to 10%, you have to have a flexion of 30* or less. Your c-spine flexion was 0*-45*, which is a normal ROM for this spinal segment.

For the T/C spine to increase to 20%, you have to have a flexion of greater than 30* but less than 60*. You had a T/C spine flexion of 55*. While this does not represent a normal ROM for your body habitus, it does not represent a severe enough disability to warrant a increase in your comp. B)

You can check all of this in 38 CFR 4.71a (pp 395-6).

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