Nod With A Second C&p

[rdnkjeeper]

I am currently rated at 20% for "low back strain". Opened a claim on 5-21-08, had a C&P and the examiner pushed me past the point of pain. Took a week to get better. Feb of 09 I got a decision saying that they are leaving it alone. The examiner put no to a lot of questions that I said yes to and a bunch of other issues. I filed a NOD along with saying I have sciatia and neuropathy. I had a C&P in November and the Doctor went over everything again. I did get rated at 10% each for sciatia and neuropathy. Looking at the C&P she put extension 0-25 degrees and flexion 0-10 degress. Plus a positive goldswath (sp?) sign, where can I find the rating criteria for this? Thanks

[carlie]

http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr4_main_02.tpl

[rdnkjeeper]

Thank you for the link.

[ScooterMAC]

Thanks for the link, very helpfull!

[TLaff]

I am in the process of filing a NOD as the CP examiner told me she was new to being an examiner and i think i was her first, she also pushed my head down to get a measurement she wanted causing pain and popping like gristle and almost every answer she put down was not my answer. I got only a rating of 20% for my 3 level cervical fusion and 10% for my lumbar in which i am in allot of pain 24 hours a day.

Below is a listing of all my problems can anyone tell me how many and what claims i can make and how my NOD should read concerning my examine?

Dr. States below:

This gentleman comes in for evaluation of his cervical, thoracic and lumbar spine. He has had a 3 level cervical fusion of his C4-5, C5-6, C6-7, cervical degenerative facet arthropathy, reversal of the cervical lordosis, apexing at C4 accompanied by right sided cervical listing, apophyseal articular degenerative alteration throughout the cervical spine.

Thoracic multisegmental mid to lower thoracic dicongenic spondylosis, T12 vertebral body compression which is likely chronic in nature, multiple thoracic intervertebral dysrelationships (subluxation).

He has schuermann’s disease in his low back involving his L1-2, 2-3 and 4-5, He has an

Annular tear at his 4-5 (spinal stenosis, ruptured disc, intervertebral disc syndrome, sciatica, radiculopathy), degenerative disc disease and arthritis degenerative throughout

his entire spine.

His conditions have progressed over time and will continue to do so and I am afraid to offer him anything more surgically by virtue of the fact it’s hard to know where to stop or start.

His best treatment at this time is going to be on muscle relaxants and anti-inflammatory.

He should stay away from pain medicines if at all possible as he will simply get hooked on them, I suggest he see his primary care physician and or pain management at this point. I strongly feel it’s not in his best interest to continue carpet cleaning because of the stress it places on his entire spine.

Any response would be helpful

Terry

[Berta]

If you become unemployed -definitely file for TDIU. And use this C & P exam result as evidence of unemployability.

You need to get the Schedule of ratings -here on hadit to see how your evidence can be shaped into the higher ratings for this condition.

Did the VA mention the Deluca factor in the decision?

Are you able to scan and post here the decision as to their reasons and bases? (Cover the personal stuff)

[TLaff]

I am getting ready to write a NOD I think its best if i go for a DRO review first dont you think?? then if im not happy with the decision i can appeal it.

Any Suggestions?

Terry