Peripheral Neuropathy

[kw34]

While doing some additional research to support my NOD I came across a BVA case dealing with scars. The vet was awarded a claim for peripheral neuropathy of the leg and the symptons were almost the same as mine. I then looked up some causes and based on my C&P exams I submitted a secondary claim.

Edited December 23, 2009 by kw34

[Pete53]

Good Luck

[Jayg]

I just won a claim of PN as secondary to flat feet so it can be done minus diabetes which I gratefully do not have. I have to warn you, it took years.

Things cited as evidence were related BVA case decisions, and professional medical studies I researched, found and supplied and an IMO combined with an ME.

VA exam only described the source of my affliction as "idiopathic." (ie, source 'unknown")

Anyway, goode luck! :)

[free_spirit_etc]

I just won a claim of PN as secondary to flat feet so it can be done minus diabetes which I gratefully do not have. I have to warn you, it took years.

Things cited as evidence were related BVA case decisions, and professional medical studies I researched, found and supplied and an IMO combined with an ME.

VA exam only described the source of my affliction as "idiopathic." (ie, source 'unknown")

Anyway, goode luck! :)

Nice to hear that citing related BVA case decisions helped your claim.

[Berta]

Also BVA cases, when they make a legal interpretation that also applies to your claim, the case can be used as evidence.

I used 4 BVA cases for my CUE claims-

In all four BVA cases they made it clear that Sec 1151 disabilities are to be considered for SMC consideration.

The VA had said my husband had not been eligible for SMC consideration "under any circumstance."

With 100% SC P & T and then well over 100% for independent Sec 1151 disabilities -the VA was wrong.

Also the BVA cases I used directly referred to an OGC Pres op which I also attached to and also added that VA case law mandates a statuatory inferral of SMC consideration in ALL cases where the medical evidence warrants SMC consideration and then added that no where in SMC regs does it exclude my husband by name as the sole vet in the US of A who is "not eligible for SMC consideration under any circumstances" :)

BVA cases contain a wealth of legal interpretations that can be applied to many claims.

The ROs however usually wont take the time to read them as to how the BVA applied the law in a similiar situation.

Edited December 25, 2009 by Berta

[kw34]

Update on this one saw my PCP his assesment was Neuropathy of the upper thigh and of the lower leg as a result of surgery to remove melanoma and to remove positive lymph nodes. He also perscribed a medicine for the pain and schedule the nerve conduction test. As a bonus he DX' ed the edema in the leg and perscribed medicine for it also. Submitted this info to the RO.

[john999]

This is a little off topic but when the VA says your high blood pressure is "essential" what does that mean? Is that the same as idiopathic?