Periphreal Neuropathy

[Rob53]

I am connected for hepatitis C at 10% from ignorance of a C&P. I claimed Cirrhosis and depression as secondary to hepc that is that is still in remand. Now I sent a claim for periphreal neuropathy to the VARO for Periphreal neuropathy diagnosed by the VAMC themselves. Now instead of rating the PN at the VARO they have sent it to the board of appeals. Why should I have to appeal a case that they discoverd themselves? What do you do with a VARO that wont do their job?

Thanks Rob Davis

[LarryJ]

I am connected for hepatitis C at 10% from ignorance of a C&P. I claimed Cirrhosis and depression as secondary to hepc that is that is still in remand. Now I sent a claim for periphreal neuropathy to the VARO for Periphreal neuropathy diagnosed by the VAMC themselves. Now instead of rating the PN at the VARO they have sent it to the board of appeals. Why should I have to appeal a case that they discoverd themselves? What do you do with a VARO that wont do their job?

Thanks Rob Davis

Rob, they did not just suddenly decide to send your PN claim to the Board of Veterans Appeals, right? First, they sent you a SOC (Statement Of the Case)along with your denial, then you sent them a NOD (Notice Of Disagreement) and then an I-9, then they probably sent to you a SSOC (Supplemental SOC), etc., etc.

So, what DID your Statement of the Case have to say?

[evandc]

Rob,

Just wondering-were you in brown or blue water Navy? Could make a difference how your claim is handled. Are you diabetic? Almost no one (maybe one) every won a periphreal neuropathy claim without havng Diabetes. Sure they didn't slide you the old Form-9 & make you think you had to sign it? Just wondering, I don't know I HAVE PTSD & don't always read everything that is posted.

Good luck,

Don

[sixthscents]

same questions as LarryJ

[john999]

The way the AO regs are written for PN is like something out of Alice in Wonderland. You must have symtoms within one year of exposure and they must resolve within two years of exposure. How the heck do you win a claim like that, and what would be the %? This is for PN without DMII. I think you can have PN due to a back injury or other chemical exposure but you have to prove the nexus. My brother has PN (sensory PN). The doctors have no idea why. The most common is the stocking-glove type of PN. It feels like you are wearing a stocking on your feet or a glove on your hand when you are not. The bad kind is where you lose feeling or have raging nerve pain.

[Capt.]

Hello John and Rob , first the PN can be won but has to have the IMO or if you can get the VA doctor to write the Nexus connecting why the PN is service related. This acute subacute deal is the big stalling tactic , and they use it everytime, so get ready for the appeals. Now if you go to the BVA case I posted awhile back on Dr. Durham (Search BVA case 04-19 301 from 3/14/06 ) then you will read where the dioxin can stay in a persons body and remain latent for up to decades. And the regulations are a bit arbitrary is what he says and he said it is at least a 51 percent chance that his PN is caused by dioxin. The case is a good one and defeats this acute subacute Alice in Wonderland mentaltity(I like that John hehe) I too am fighting this and have PN in all extremties without DMII and have more than enough nexus statements from multiple doctors saying chemical exposure. It is going to take a nexus from Doctor and it will have to support the chronic issue but there are lots of medical journals and literature to support what Dr. Durham has said in this BVA claim. You will have to research the 38 cfr and the M21's and there are some artilces on Hadit that are in the archives from this. As far as the VA discovering the PN, they found out that I had PN too as well as a private doctor and I was denied also so it might be better to submit new evidence and let people who can read at the BVA make the determination. The sad thing is that you said it....."why can't the VARO do their job"? That is why you and I and John and all of the Vets are here. Because they won't. We all are trying to deal with this Beast called the VA. Wishing you and your family a Merry Christmas and remember .....NEVER GIVE UP....C.C.

[Jayg]

Rob,

Just wondering-were you in brown or blue water Navy? Could make a difference how your claim is handled. Are you diabetic? Almost no one (maybe one) ever won a peripheral neuropathy claim without having Diabetes. Sure they didn't slide you the old Form-9 & make you think you had to sign it? Just wondering, I don't know I HAVE PTSD & don't always read everything that is posted.

Good luck,

Don

I have a granted peripheral neuropathy claim and I am not diabetic. I just got it in fact. The award decision says-

"Service Connection for peripheral neuropathy, bilateral lower extremities."

it was established as "related to the service connected degenerative joint disease, lumbar spine."

I had a heck of a time because when it was diagnosed, the physician would only state cause as "idiopathic" meaning he didn't know what caused it. Even the C&P examiner was denied further answer to that question. The award letter does explain they granted for for peripheral neuropathy, bilateral lower extremities (also claimed as restless leg syndrome).

They allowed 10% for each lower extremity as secondary to service connected flat feet.

How "restless leg syndrome got in there, I am not quite sure. I am being treated for it (and RLS is a real PITA, believe me!) but I never filed any claim on it.

So there you have it. S/C peripheral neuropathy and I do not (thank God) have diabetes.

Edited December 12, 2009 by Jayg