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Ddd

babyray

Asked by babyray,

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babyray Rising Star

babyray

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B) I was rated 20% for degenerative disc disease and spondylolisthesis, lumber spine with diagnostic code 5242 on a decision on July 17, 2009. Why was I not rated separately for each disease w/ a code of 5242 and 5239. Why was I rated with just one disability?

BR

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mags1023 Proficient

mags1023

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That's the VA's attempt to appease you. They are hoping you are not smart enough to know that they should rate you for each condition. You need to send in an NOD stating that you should have been rated separately for those conditions. Have you been checked for Radiculopathy in your legs? I would bet you have it. If you have a private physician, ask to be tested for it. If it comes back that you do have Radiculopathy, then file a claim for comp for that also.

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babyray Rising Star

babyray

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That's the VA's attempt to appease you. They are hoping you are not smart enough to know that they should rate you for each condition. You need to send in an NOD stating that you should have been rated separately for those conditions. Have you been checked for Radiculopathy in your legs? I would bet you have it. If you have a private physician, ask to be tested for it. If it comes back that you do have Radiculopathy, then file a claim for comp for that also.

mags1023, thx. On 4-17-09 I had a MRI. The impression was: multiple level neuroforaminal stenosis, probable left L5 radiculopathy. What does that means?

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mags1023 Proficient

mags1023

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mags1023, thx. On 4-17-09 I had a MRI. The impression was: multiple level neuroforaminal stenosis, probable left L5 radiculopathy. What does that means?

It's saying you probably have radiculopathy on your left side. You need to get an ortho dr or your family dr to check you out and to say you have been diagnosed with it and it is due to your lumbar spine/DDD condition.

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jbasser Grand Master

jbasser

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B) I was rated 20% for degenerative disc disease and spondylolisthesis, lumber spine with diagnostic code 5242 on a decision on July 17, 2009. Why was I not rated separately for each disease w/ a code of 5242 and 5239. Why was I rated with just one disability?

BR

Rating both codes would be considered Pyramiding.

If you have neurological problems then these are to be rated separatly.

J

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sixthscents Experienced

sixthscents

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Yeah you need to file for the Radiculapathy/Neuropathy as a seperate issue. Actually if they mentioned the words radiculapathy/neuropathy in your rating then this would a seperate issue they should have added, but for some reason they seem to not most of the time.

Radiculapathy = shooting pain often said to be in an "S1 distribution" which basically means down the back of your leg and bottom of your foot etc.

Neuropathy is generally tingeling, loss of feeling, loss of ability to move weakness etc.

Now they may have increased your rating based upon the radiculapathy but if they did they would say so, so they probably didn't. Further... well look up what IVDS is on the info under back injuries at the top of the group. It probably doesnt apply, but it may.

Also you dont need a diagnosis of radiculapathy, you already have it on the MRI... However, it could not hurt getting an ortho or PCP doc at the VA to say this, if one hasnt already which they probably have since someone sent you for the MRI right?

Edited by sixthscents (see edit history)
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Quint7 Rising Star

Quint7

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Just a FYI, I fought for and was granted SC for IVDS/DDD and during the process they actually sent me for a C&P FOR radiculopathy, but NEVER RATED ME FOR IT!

The IVDS/DDD Training Letter found here states that examiners and raters MUST review, examine AND rate all other conditions related to the IVDS/DDD. I stated exactly that in my NOD. (I agreed with the % rating, just disagreed that they ignored the radiculopathy).

Read the training letter and hold VA to their own rules.

How on earth they could send me for a C&P and then not even mention the condition that the C&P was for in the rating decision is just beyond incompetance.

I'm still waiting for the decision on that.

Edited by Quint7 (see edit history)
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babyray Rising Star

babyray

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Just a FYI, I fought for and was granted SC for IVDS/DDD and during the process they actually sent me for a C&P FOR radiculopathy, but NEVER RATED ME FOR IT!

The IVDS/DDD Training Letter found here states that examiners and raters MUST review, examine AND rate all other conditions related to the IVDS/DDD. I stated exactly that in my NOD. (I agreed with the % rating, just disagreed that they ignored the radiculopathy).

Read the training letter and hold VA to their own rules.

How on earth they could send me for a C&P and then not even mention the condition that the C&P was for in the rating decision is just beyond incompetance.

I'm still waiting for the decision on that.

Thx for your info. Where can I find this IVDS/DDD Training letter?

BS

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jbasser Grand Master

jbasser

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You do not really need a training letter. The US code of federal regulations under the titlle 38 4.71 ( Muscoskeletal system ratings states this in actual content:

Note (1):Evaluate any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, separately, under an appropriate diagnostic code.

If they dont rate accordingly they are guilty of miss-application of this reg.

This reg makes it a matter of legal precedence and they are not entitled to interpet it as anything else.

J

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