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Favorable C And P Exam


Guest jstacy

Question

I had a C and P exam in December for The following issues.

1. Migraine Headaches: Cervical Tension headaches / Migraine Hypertensive

2. Cervical Radioculpathy

3. Peripheal Nerve defect secondary to SC DJD/DDD Cervical Spine

4. increase rating for DJD/DDD Cervical Spine.

5. Pulmonary issues.

The c and P Doc was Very Plesant. Spent 3 1/2 hours on these issues with her.

1. The RO had sent her a note asking questions spacific to my claim. Here was her reply to all.

RO question? Was Veterans Migraine Headaches related to in service head injury or related to Veterans SAC DJD/DDD?

Response: Is caused by or a result of. Then she went into detail ( Extreme detail) and stated they I have been diagnosed with Migraines, Migraine Hypertensive, and Muscle Tension headaches that are prostrating and occur 3 to 4 timers per month.

2/3. RO question: On the Peripheral are there radicular signs? If yes, is this related to the Veterans DJD/DDD of the cervical spine?

Response: is most likely caused by or a result of DJD/DDD. Details> AS noted in record review the veterna had ecidence of left arm radicular symptoms associated with Neural Foraminal narrowing at c5 / c6. Or report stated that there was a "Large Bone Spurr" pressing the nerve root at C6. Surgury relieved only some of the pain. Nerve root compression permanent damage. C6 radiculpathy and carpal tunnel from Median nerve. Left Thumb / left arm parethesis .NCV showed medica nerve compression and Carpal Tunnel.

4: Increase rating: Increase in severity of condition. response. Yes Detail> Range of motion has decreased since initial c and P exam in 03. Total range is 155. Imaging studies show Mild Djd with Moderate DDD and Moderate Degenerative FAcet disease with Moderate Neural foraminal Narrowing.

The Pulmonary issue has been deferred to Pulmonary Specialist and Neurology and is on Hold because of further testing.

Are there any IDeas to the Percentages this may provide??

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jstacy: Lets see now, where did I put it? I'll let you know as soon as I find my crystal ball> LoL B) I know it's not funny to you, but trying to second guess what the VARO will do v's what they should do is kind of like playing blind man's bluff, you just don't know until the big brown envelope is in your hand and your reading what they have decided. Sorry, but their is just no way clear cut way to know. If the VARO would do things right, then you wouldn't be having to ask this question.

Jim S. :P

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"Response: Is caused by or a result of. Then she went into detail ( Extreme detail) and stated they I have been diagnosed with Migraines, Migraine Hypertensive, and Muscle Tension headaches that are prostrating and occur 3 to 4 timers per month."

The over all C & P - I feel- is very favorable to you- however-

How did the examiner answer' Is caused by or result of.'....

Were the migraines tied into your SC conditions directly?

This BVA decision shows some of VA's criteria for migraines and ratings:

http://www.va.gov/vetapp05/files1/0503027.txt

You seem to fit 30% at least, if not 50% on them.'Prostrating" alone might prevent employability.

I suggest that you go to 38 CFR - Schedule for Ratings-think we have a link here at hadit-

and take the time to look up each condition and the rating schedule for it- and print them out -it will show exactly what the VA is looking for on these ratings-and this is an excellent way to assess what you might expect-

or-if the rating comes and it is too low- you can associate your evidence with the proper higher rating and if you have to file a NOD you can attach a copy of the actual 38 CFR rating you feel the medical evidence will warrant that you deserve.

I am a big believer in sending to VA copies of their own regs with claims and NODs to show them that you know what they know.

Edited by Berta (see edit history)
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Berta thanks for the response. I am SC for the cervial Spine. She tied the Headaches to that as well as tied the Migraines to HTN. HTN has been in DRO for 2 years. The VA has conceded the issue but have not recieved a Envelope as of yet.

She ALso elaborated with this: It is likely that DJD/DDD is related to most of his headache pain It is also possiblle that some of his headaches with Nausea, photophobia are Muscle tension headaches are associated with Abnormal posture and range of the cervical spine. She Noted treatment in service for the condition that the VA failed to consider when I originally filed the claim in 1994.

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Your case sounds a little like mine, hope you have better luck. I filed for the following and this is what I got:

Migraine Headaches - determined to be occiptal headaches blending with daily neck pain 0%

Cervical Radioculpathy SC denied

Increase rating for DDD Cervical Spine denied

My SO is going to ask for them to re-examine my headache documentation. My civilian neurologist said straight out (patient has migraines and daily cervical headaches). At no time during C&P did we discuss migraines/headaches. I tried to tell the doc but he moved on and won't alk about it. How they denied the cervical radioculpathy as not related to me SC DDD of C-spine with fusion and broken hardware amazes me to no end.

I've written a NOD, but my SO doesn't want me to send since I have another claim pending. He said they probally wouldn't go any higher since they had looked at all my documentation, and they my even lower my % if I persue a NOD. Then he called back later and said he had looked at my documents and thought we might ask again about the migraines. Then he went on vacation.

Good Luck

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DAvid, that was the same line of Bull they fed me when I received the initial rtating for the neck., However I was in Limbo until I saw the OR report. The OR report noted a Large SPurr compressing the nerve root.

It pays to get your hands on all information. Get the operating room report from the surgeon or hospital.

Read it carefully. Humen Eyes have moe power than MRI's or Ct scans.

DAvid, send me your e-mail address. We need to continue this in discussion format. I will tell you exactly What I did.

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