Description Of Symptoms Without Formally Naming The Disease

[vaf]

My husband was denied a claim for carpal tunnel after having had surgery for it three years ago. He's a long-term steroid patient, secondary to a service connected disability - - carpal tunnel syndrome is a recognized secondary outcome of steroid use. They blamed his job. We've appealed and are waiting. However....

I just reviewed his first rating decision from 1994, which states...

"Service connection is granted for numbness of right thumb, index and middle finger as the evidence shows onset of the condition(s) during military service. Evaluations for disability involving the peripheral nerves are based on whether impairment involves parlysis, neuritis or neuralgia. 38 CFR 4.124a provides specific evaluations for peripheral nerve impairment on the basis of a scale ranging from incomplete, moderate paralysis to complete paralysis.

The term, incomplete paralysis, indicates a degree of lost or impaired function substantially less than complete paralysis. Involvement which is wholly sensory will be evaluated as mild or, at most, moderate in degree. The evidence shows a diagnosis of dysesthesia in the right thumb, index and middle fingers which is rated as paralysis of lower radicular. The evidence does not show symptomatology to mild incomplete paralysis to warrant a compensable evaluation."

So he was SC'd at 0%. Are these early indicators of carpal tunnel, without actually calling it that? He had surgery on his right wrist and also a nerve release done on his right elbow. Again, a CUE?

[Guest jstacy]

This is definately worth checking into. He had surgury and the Symptoms do suggest Carpal Tunnel. Did he have a Nerve Conduction study performed?

If he did, get a copy from where it was done. Get copies of everything related. Especially the Doctors report who did the surgury .

I dont know what the VA will rate CT as after release surgury. You should inquire about an increase as well as address a Cue.

Berta is the one I consider the Expert on these types of claims.

[vaf]

Yes, he did have a nerve conduction study performed (not fun at all!). I think we sent them all that. But I will send it again with the CUE, along with any and all mention of dysesthesia. I found another initial C & P that states, "Veteran reports a very slight tingling paresthesia involving the left hand and is rather vague in his description of this." So my previous post, coupled with this latest find, implies bilateral carpal tunnel.

I don't know how exact they expected my husband to be at the time. He had just had brain surgery a few months before and is 30% rated for organic mental syndrome...

I think this relates to my other question on tinnitus. It's almost like the veteran has to state a self-diagnosed, formally recognized name of a disability vs. just describing the symptoms he's feeling, in order to have it recognized as a claim.

[Guest jstacy]

Vickie, Tell your husband I said to hang in there. Also does your husband have any weakness in either arm because of the CTS. I am attaching a C@P sheet with a Nerve Conduction study diagnosis of Carpal Tunnel.

Compare it to the information you have to see if it is anywhere close to a diagnosis. I have had 3 of these things, Had the last one last week. I have had enough shocking and sticking.

[vaf]

Hi, sorry, I can't open the atttachment. Is there another place I can find this worksheet?

[yelloownumber5]

I a similar situation.......positive EMG for bilatterial CTS, positive "Tinel's sign" test.....my examiner asked me what this stops me from doing work wise and with recreational activities and I told him I am "not able to perform my job duties because I can not type" as well as the recreational activities that I am no longer able to do.............the first time it was denied........the NOD came out to S.C. but ZERO Percent. He tried to say it was related by my DDD in the C5-C6 area?

I did see the C&P Examiner decided to change some words around but........I have until sometime in March I guess I have to do the BVA Hearing?

My husband was denied a claim for carpal tunnel after having had surgery for it three years ago. He's a long-term steroid patient, secondary to a service connected disability - - carpal tunnel syndrome is a recognized secondary outcome of steroid use. They blamed his job. We've appealed and are waiting. However....

I just reviewed his first rating decision from 1994, which states...

"Service connection is granted for numbness of right thumb, index and middle finger as the evidence shows onset of the condition(s) during military service. Evaluations for disability involving the peripheral nerves are based on whether impairment involves parlysis, neuritis or neuralgia. 38 CFR 4.124a provides specific evaluations for peripheral nerve impairment on the basis of a scale ranging from incomplete, moderate paralysis to complete paralysis.

The term, incomplete paralysis, indicates a degree of lost or impaired function substantially less than complete paralysis. Involvement which is wholly sensory will be evaluated as mild or, at most, moderate in degree. The evidence shows a diagnosis of dysesthesia in the right thumb, index and middle fingers which is rated as paralysis of lower radicular. The evidence does not show symptomatology to mild incomplete paralysis to warrant a compensable evaluation."

So he was SC'd at 0%. Are these early indicators of carpal tunnel, without actually calling it that? He had surgery on his right wrist and also a nerve release done on his right elbow. Again, a CUE?

Edited February 27, 2007 by yelloownumber5