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Does Va Always Do A C&p, Even For Existing Cond.?


brokensoldier244th

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  • HadIt.com Elder

I submitted a completed 21-4138 a few days ago ( I love VONAPP) based on radiculopathy in my left leg. I am rated in my right leg 10% for it, based on a C & P from 2002. I have not had any requested exams from them since then, and other than acute attacks of pain, dealt with via medication (motrin, ultram, flexaril) and lots of conservative maintenance, I really don't have a lot to contribute to this, information wise. I don't go to the doctor all the time for something I already know how to deal with and I feel self conscious going to the VA anyway since im 33. They don't have a lot of younger vets there, mostly older folks, and I feel really self conscious, but I digress.<br style="min-width: 0px; "> I didn't just waste some raters time, did I? Should I have done it a different way? It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities. Should I have, for future reference gone in every time my back hurt or when there was numbness in my left leg? I keep a journal of sorts for this, will that make a difference? ill still have a chance to provide more supporting evidence?

Thanks!

*submission below*

I would like to respectfully request in increase to my currently rated10% radiculopathy in my right leg to include intermittant pain andradiculopathy in my left leg.I was intially rated for DDD, lower spine in 2002, but not specificallyfor radiculopathy. I requested an increase in 2002 for increased sciatic pain andradiculopathy and was granted 10% for my right leg at that time, based onmy examination and case notes. During that examination at that time I wasnot experiencing any tingling or numbness in my left leg, but wasexperienceing sciatic pain radiating from my lower back, and musclespasms and general pain. Over the years since 2002 I have noted that thatpins and needles feeling now extends into my left leg, most noticibly inmy toes. It has always been there, to some degree, and I don't know whyit wasn't noted in 2002 or 2006-most likely through my omitting it duringquestioning or the 2006 exam wasn't related to my back.<br style="min-width: 0px; ">This pain and radiating numbness in both legs is intermittant,and daily,and noted in my initial MRI findings from Portsmouth Naval Medical (Dr.Mayhr (sp)) and sciatic pain and radiculopathy was noted in my C & P in2006 by as well. It was not initially granted with the radiculopathy ofmy right leg, either by oversight, or by omission on my part because Ididn't specifically mention it in conjunction with the other conditions.This daily pain and numbness makes it difficult to enjoy much of my dailyactivty. It starts in my lower spine and extends into my buttocks anddown into both legs. At work I have to change positions every hour 3 or 4times, standing/sitting etc, and the longer I sit the more it hurts. Idon't drive long distance, I don't chase my kids around, I have somedifficulty with exercising and with relations with my wife. The painitself is not more pronounced or increased overall, but its moving into anew region, to me, is notable.<br style="min-width: 0px; ">Please respectfully consider my request for an increase to my 10% ratingfor radiculopathy to either extend to my left leg as a separate rating,or to be included with that of my right leg bilaterally.<br style="min-width: 0px; ">You will find all current information in my C file, the original MRIfindings, and my C & P records and narratve summaries from 2002.Since this is not a substantial increase in anything symptomatic, but anacknowledgement of a continuing condtion, I have not requested specificexams with my GP for this. I continue to take lots of OTC Motrin (800 MGx 4 times a day, sometimes more) and naproxen, and spend a lot of time being reallycareful how I move. I have not requested stronger pain medicationspartially due to fear of their effects, and partially because I work in atechnical job that requires me to be 'sharp' mentally.<br style="min-width: 0px; ">Thank you for your time.

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Are you asking a question?? Why post 4/5 times on the same thing?

Anyhow the VA does not do a C&P all the time NO. It is at the discretion of the rater as to if they will need further testing to grant an increase or a reduction. In quite a few cases IF your are going to the VA for health care they can use the medical records but if there is not enough there or if they have doubts they will order a C&P.

Have a nice day!

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I submitted a completed 21-4138 a few days ago ( I love VONAPP) based on radiculopathy in my left leg. I am rated in my right leg 10% for it, based on a C & P from 2002. I have not had any requested exams from them since then, and other than acute attacks of pain, dealt with via medication (motrin, ultram, flexaril) and lots of conservative maintenance, I really don't have a lot to contribute to this, information wise. I don't go to the doctor all the time for something I already know how to deal with and I feel self conscious going to the VA anyway since im 33. They don't have a lot of younger vets there, mostly older folks, and I feel really self conscious, but I digress.<br style="min-width: 0px; "> I didn't just waste some raters time, did I? Should I have done it a different way? It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities. Should I have, for future reference gone in every time my back hurt or when there was numbness in my left leg? I keep a journal of sorts for this, will that make a difference? ill still have a chance to provide more supporting evidence?

Thanks!

*submission below*

I would like to respectfully request in increase to my currently rated10% radiculopathy in my right leg to include intermittant pain andradiculopathy in my left leg.I was intially rated for DDD, lower spine in 2002, but not specificallyfor radiculopathy. I requested an increase in 2002 for increased sciatic pain andradiculopathy and was granted 10% for my right leg at that time, based onmy examination and case notes. During that examination at that time I wasnot experiencing any tingling or numbness in my left leg, but wasexperienceing sciatic pain radiating from my lower back, and musclespasms and general pain. Over the years since 2002 I have noted that thatpins and needles feeling now extends into my left leg, most noticibly inmy toes. It has always been there, to some degree, and I don't know whyit wasn't noted in 2002 or 2006-most likely through my omitting it duringquestioning or the 2006 exam wasn't related to my back.<br style="min-width: 0px; ">This pain and radiating numbness in both legs is intermittant,and daily,and noted in my initial MRI findings from Portsmouth Naval Medical (Dr.Mayhr (sp)) and sciatic pain and radiculopathy was noted in my C & P in2006 by as well. It was not initially granted with the radiculopathy ofmy right leg, either by oversight, or by omission on my part because Ididn't specifically mention it in conjunction with the other conditions.This daily pain and numbness makes it difficult to enjoy much of my dailyactivty. It starts in my lower spine and extends into my buttocks anddown into both legs. At work I have to change positions every hour 3 or 4times, standing/sitting etc, and the longer I sit the more it hurts. Idon't drive long distance, I don't chase my kids around, I have somedifficulty with exercising and with relations with my wife. The painitself is not more pronounced or increased overall, but its moving into anew region, to me, is notable.<br style="min-width: 0px; ">Please respectfully consider my request for an increase to my 10% ratingfor radiculopathy to either extend to my left leg as a separate rating,or to be included with that of my right leg bilaterally.<br style="min-width: 0px; ">You will find all current information in my C file, the original MRIfindings, and my C & P records and narratve summaries from 2002.Since this is not a substantial increase in anything symptomatic, but anacknowledgement of a continuing condtion, I have not requested specificexams with my GP for this. I continue to take lots of OTC Motrin (800 MGx 4 times a day, sometimes more) and naproxen, and spend a lot of time being reallycareful how I move. I have not requested stronger pain medicationspartially due to fear of their effects, and partially because I work in atechnical job that requires me to be 'sharp' mentally.<br style="min-width: 0px; ">Thank you for your time.

Try your best not to write VA a lengthy letter, they don't care, they just want the specifics. In most cases when a veteran applies for an increase in a service connected condition, VA will most likely order a C & P exam. Veterans cannot go to their PCP and ask for a C & P exam. If VA fails to order a C & P exam and grants or denies a veteran's claim, the veteran can file an appeal based on the fact that VA did not order a C & P exam. VA will sometimes grant a veteran an increase but low ball the claim and the veteran can accept Vas' rating decision or file an appeal to get the correct rating decision. I am not trying to be rude but what do you really want VA to do? I don't understand your post; in most cases if you are not going to see a doctor about your problem(s) then most likely you will not get an increase. Your condition (s) will have to show that they are getting worst by medical treatment records. I don't know if you are saying that you should have gotten a higher rating in your last decision or you think that VA should review your last decision and grant you an increase from the evidence already in your file. If you feel that you should have gotten a higher rating then you need to let VA know that, if you want VA to review your last rating and grant you an increase, they will not do that. Again, you will have to show some recent medical treatment records for VA to order a C & P exam and to re-evaluate your service connection. I hope others will chime in.

Hope This Makes Sence

As Always Hope The Best

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A claim should always be for a higher rating as most disabilities, in time, get worse.

"It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities"

It is medically quite possible that a leg disability can directly cause and affect the other leg.

Is this stemming from service connected sciatica?

You will need clear medical statements that show this is the case with the NSC leg.Either this is due to the right leg disability or directly due to the etiology of the SC leg disability.

Did you have any evidence at all that shows documentation that the original SC is getting worse= at least bad enough to cause this additional problem?

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  • HadIt.com Elder

Welcome to Hadit. My experience is that if they do not do a C&P than you usually are denied. The exception is usually when a Vet separates and the claim is handled within one year.

I personally do not know what your rating should be but the symptoms you gave would indicate a higher rating is deserved. My recommendation is to go to the VA or another Doc and ask them for a medical opinion that confirms what you are saying and links the injury to your service.

Good Luck

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  • HadIt.com Elder

My initial MRI and exam indicate bilat pain and some numbness (pre discharge). My initial VA claim rated IVDS, and then later that year I claimed the sciatic pain and numbness in the right leg from L5-S1, which they ascribed to just the right leg and based on my past overall back rating, that they took back to 2002. The left leg has always come and gone, but its become more prominent in the last few years. I probably jumped the gun by claiming it, thinking taht my prior rating for it in the other leg would cover past etiology and that the C and P exam, if there was one, would ascertain the specifics of it. I haven't received treatment for it-since I known what it is, and why it is, there didnt seem to be a reason to go in so my PCP could say 'yup, that's what it is' and to have me continue to do what im already doing for it. Probably my loss for thinking this way.

A claim should always be for a higher rating as most disabilities, in time, get worse.

"It's not an overall increase, but a request to consider that the already existing condition in one legs extremeties be granted for the other legs extremities"

It is medically quite possible that a leg disability can directly cause and affect the other leg.

Is this stemming from service connected sciatica?

You will need clear medical statements that show this is the case with the NSC leg.Either this is due to the right leg disability or directly due to the etiology of the SC leg disability.

Did you have any evidence at all that shows documentation that the original SC is getting worse= at least bad enough to cause this additional problem?

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