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Retro Pay Question And Smc-K


brokensoldier244th
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  • HadIt.com Elder

So, I just got back from my doctor, and laid out my med history for her, for my svc. connected stuff. She'd never seen it so we spent an hour or so going over it all, starting with my C and P from 2002 when I was rated for DDD. I asked her a few questions:

1. Is it possible the C and p doctor in 2002/2003 messed up in not service connecting my left leg?

2. Is it getting worse overall?

3. Do I have ED?

Here is what the C and P doc said in 2002:NOTE: Examiner notes that "…he says that his left foot is basically is completely okay at this point and does not really cause him problems…." But I answered in response to his questioning about which leg was currently causing me pain and numbness at that time in the examination. A little later examiner notes "he has back pain daily, shooting pain and numbness in right leg periodically throughout the day, but he does have some numbness and shooting pain into the right leg and foot at some point at least once a day and usually a couple to a few times a day". This should have been noted for my Left leg and I believe that the examiner errored while typing the summary by typing "Right" twice. It makes no diagnostic sense, otherwise.

My C& P from 2003 rates radiculopathy, and then rates it in my Right leg only based on the notes in my 2002 C and P (above). My doctor looked at the above, my MRI's, XRays, and the write ups, and said that she thinks the C and P doctor messed up because he mentions the right leg twice. She says based on the reflexes from that exam, and his notes, and clinical notes and other things that he most likely meant to say the left leg was also experiencing these symptoms as well.

So, does that do anything for me? I have a claim in now for my Left Leg radiculopathy since its not rated or service connected. They rated my right leg SC for Radiculopathy in 2003 but dated it back to 2002. So what are the chances that since I have other records besides just these that show both legs suffered from it back to 2002, that they will rate the left like they did for the right, and go back to when they rated the right-2002?

She also prescribed me Paxil for pre-mature fireworks based on the nerves that are compressed in my spine. SO...what constitutes ED, exactly? Is it inability to get an erection, or does premature getting there count? Does this count as ED? I have a VA doc noting that I have difficulty with erections and sexual dysfunction caused by my back/nerve issues going back to 2003.

My VA doc appt. the other day also notes both legs with radiculopathy, and my new xrays note Disc Space Narrowing at both L5-S1, and L 2-3.

My old Xrays from 2001 only say "Possible disc spacing L5-S1". So, I interpret that as getting worse.

On a related note, I have my Xrays on a CD that I got from the radiology dept. They gave me the write up, but the ACTUAL xrays, too. It's awesome-a digital copy of the actual films. Pretty neat.

Edited by brokensoldier244th
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  • HadIt.com Elder

Did the decision which relied on the screwed up C&P become final. I have not heard of such an obvious error on a C&P. If the claim was closed you might have to file a CUE. CUE claims are not usually awarded due to inadaquate medical reports.. However, the type of error you are talking about is very unusual.

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  • HadIt.com Elder

Final, as in, am I compensated for it? Yes, I guess. I didn't start thinking about any of it again until I was looking at filing for my other leg this time around, and noted that it looked like i should have been the first time around.

I have sick call transcripts and a VA doctor exam in 2002 from prior to the 2002 C and P where my complaints of both legs is noted. The 2003 C and P rating for Radiuclopathy notes that they continued my 40% for my DDD, but with a combination of Deluca and the the Examiner notes they granted 10% for radiculopathy for Rt leg.

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