Chances Of Retroactive Rating, Based On C File Notes Already There

[brokensoldier244th]

Rated June, 2002-40% Degenerative disc

Re-evaluated at my request March 2004, no increase DDD, but given 10% Radiculopathy Rt. leg going back to September 2003 because of a change in rating Invertebral disc.

I was looking over my Cfile and contemplating filing for an increase for my lower back for pain, range of movement when I noticed that my 10% was only for 1 extremity. I went back through my service records, clinic notes that I kept, Xray/MRI, C/P from 2002, and private doc notes from 2003, and found more than once I had mentioned both legs/feet radiating with pain/numbness and fatigue. The C and P doc noted right leg in 2002 only, but then I had just gotten out and I didnt' even have my med records with me. He said right leg because is what he checked that day, and I guess in 2002 they didnt rate for radiculopathy with degenerative disc or something since it was granted later retroactively? I don't have the notes or phsical therapy records from 2003 since I had already had a copy of my whole file by that point.

Ive put in a claim for my back, but what are the chances if I provide the prior notes, highlighted and summarized that are already in my Cfile, with my current private doctor's notes worded correctly (since I couldn't get a VA appt anytime soon, even in NE) along with statements from spouse/co-workers about how I move around, that they will:

A. consider my request to grant 10% for my Rt leg bilateral to my already rated left leg as secondary to Invertebral disc syndrome, and

B. that they would go back to September 2003-the same date they granted the first 10%?

Since I have prior clinic notes RE: bilat of the sciatic pain and numbness, could Deluca and preponderance of other evidence prior to the C and P in 2002 help me, or am I too late for retroactive?

[brokensoldier244th]

Yes, it is.

"I would like to respectfully request in

increase to my currently rated 10%

radiculopathy in my right leg to include

intermittant pain and radiculopathy in my

left leg. I was intially rated for DDD,

lower spine in 2002, but not specifically

for radiculopathy. I requested an

increase in 2003 for sciatic pain and

radiculopathy and was granted 10% for my

right leg at that time, based on my

examination and case notes. During that

examination at that time I was not

experiencing any tingling or numbness in

my left leg, but was experienceing

sciatic pain radiating from my lower

back, and muscle spasms and general pain.

Over the years since 2003 I have noted

that that pins and needles feeling now

extends into my left leg, most noticibly

in my toes. It has always been there, to

some degree, and I don't know why it

wasn't noted in 2002 or 2003-most likely

through my omitting it during

questioning. This pain and radiating

numbness in both legs is intermittant,and

daily, and noted in my initial MRI

findings from Portsmouth Naval Medical

(Dr._____r (sp)) and sciatic pain and

radiculopathy was noted in my C & P in

2006 by as well. It was not initially

granted with the radiculopathy of my

right leg, either by oversight, or by

omission on my part because I didn't

specifically mention it in conjunction

with the other conditions. This daily

pain and numbness makes it difficult to

enjoy much of my daily activty. It starts

in my lower spine and extends into my

buttocks and down into both legs.....

[stuff about how it affects me here....]

........Please respectfully consider my

request for an increase to my 10% rating

for radiculopathy to either extend to my

left leg as a separate rating, or to be

included with that of my right leg

bilaterally. You will find all current

information in my C file, the original

MRI findings, and my C & P records and

narratve summaries from 2002 and 2003...."

[brokensoldier244th]

Its possible to submit another statement in support of claim during this process, right? For example, I have a private doctor appt next week for this-I can submit that to them directly? I also got a letter today from Eligibility at VA that I have a Lab and Appt next week too. I called VA first to get an appt with a PCP but they lost me and said I wasn't in the system despite being rated since 2002, so I called my doctor instead. I must have triggered something because now VA wants me to come in for eligibility and a lab-funnily enough, one of the two appts is ON THE SAME DAY as my Dr. appt with my doctor.....rains and pours, I tell you.

Yes, it is.

"I would like to respectfully request in

increase to my currently rated 10%

radiculopathy in my right leg to include

intermittant pain and radiculopathy in my

left leg. I was intially rated for DDD,

lower spine in 2002, but not specifically

for radiculopathy. I requested an

increase in 2003 for sciatic pain and

radiculopathy and was granted 10% for my

right leg at that time, based on my

examination and case notes. During that

examination at that time I was not

experiencing any tingling or numbness in

my left leg, but was experienceing

sciatic pain radiating from my lower

back, and muscle spasms and general pain.

Over the years since 2003 I have noted

that that pins and needles feeling now

extends into my left leg, most noticibly

in my toes. It has always been there, to

some degree, and I don't know why it

wasn't noted in 2002 or 2003-most likely

through my omitting it during

questioning. This pain and radiating

numbness in both legs is intermittant,and

daily, and noted in my initial MRI

findings from Portsmouth Naval Medical

(Dr._____r (sp)) and sciatic pain and

radiculopathy was noted in my C & P in

2006 by as well. It was not initially

granted with the radiculopathy of my

right leg, either by oversight, or by

omission on my part because I didn't

specifically mention it in conjunction

with the other conditions. This daily

pain and numbness makes it difficult to

enjoy much of my daily activty. It starts

in my lower spine and extends into my

buttocks and down into both legs.....

[stuff about how it affects me here....]

........Please respectfully consider my

request for an increase to my 10% rating

for radiculopathy to either extend to my

left leg as a separate rating, or to be

included with that of my right leg

bilaterally. You will find all current

information in my C file, the original

MRI findings, and my C & P records and

narratve summaries from 2002 and 2003...."

[Philip Rogers]

James advised you what to do. If I were you I'd do as he stated. It's a win win situation, in my book.

pr

[brokensoldier244th]

Thanks Phillip,

So since I have the initial claim *see below* asking for radiculopathy, since that what it was called on my initial finding, do I just leave it as it is, submit private and VA clinicals and hope, or can I amend/or ask for PN on a subsequent form that I submit with my other supporting information? The confusion on my part comes from finding PN/bilateral radiculopathy used somewhat interchangeably while researching this, and that Ive already filed the initial statement of claim.

Thanks!

CAS

name='Philip Rogers' timestamp='1280393631' post='211230']

James advised you what to do. If I were you I'd do as he stated. It's a win win situation, in my book.

pr