MrPain7 Posted September 5, 2010 Share Posted September 5, 2010 I recieved a denial and statement of the case from the regional office in August for special monthly compensation for loss of use of lower extremities secondary to my service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010 I had Two compensation and pension examinations for loss of use,the first one stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance. The physician stated that mild peripheral neuropathy of my lower extremities is not sufficient to cause a problem with ambulation. That is the reason my claim was denied.I use crutches,cane and a walker all issued by the VA.my condition is a lot worse then mild which has been documented in my files over the years.The second examination as done later the same day by another M.D. Which was not included in the reason for denial the second physician states that my cervical and lumbar condition has created a functional loss of use to my lower extremities causing walking limitations and It is at least as likely as not that my service connected cervical and lumbar condition is the cause of my loss of use and inability to perform any type of gainful employment. It was also stated Functinal loss with use: there is additional loss due to pain, weakness and lack of endurance after repetitive use x3.The major impact is due to pain there is additinal loss of 5 degrees due to pain after use x3. My Question why was the second examination NOT CONSIDERED in my claim for compensation for loss of use ??? Thank You......... Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted September 5, 2010 HadIt.com Elder Share Posted September 5, 2010 (edited) Cuz they wanted to deny you and f*** w/you, hoping you will give up and go away. Sorry but that's the way it is. That really sux!!!!!!!!!!!!!!! pr I recieved a denial and statement of the case from the regional office in August for special monthly compensation for loss of use of lower extremities secondary to my service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010 I had Two compensation and pension examinations for loss of use,the first one stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance. The physician stated that mild peripheral neuropathy of my lower extremities is not sufficient to cause a problem with ambulation. That is the reason my claim was denied.I use crutches,cane and a walker all issued by the VA.my condition is a lot worse then mild which has been documented in my files over the years.The second examination as done later the same day by another M.D. Which was not included in the reason for denial the second physician states that my cervical and lumbar condition has created a functional loss of use to my lower extremities causing walking limitations and It is at least as likely as not that my service connected cervical and lumbar condition is the cause of my loss of use and inability to perform any type of gainful employment. It was also stated Functinal loss with use: there is additional loss due to pain, weakness and lack of endurance after repetitive use x3.The major impact is due to pain there is additinal loss of 5 degrees due to pain after use x3. My Question why was the second examination NOT CONSIDERED in my claim for compensation for loss of use ??? Thank You......... Edited September 5, 2010 by Philip Rogers Link to comment Share on other sites More sharing options...
*Bergie* Posted September 6, 2010 Share Posted September 6, 2010 I recieved a denial and statement of the case from the regional office in August for special monthly compensation for loss of use of lower extremities secondary to my service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010 I had Two compensation and pension examinations for loss of use,the first one stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance. The physician stated that mild peripheral neuropathy of my lower extremities is not sufficient to cause a problem with ambulation. That is the reason my claim was denied.I use crutches,cane and a walker all issued by the VA.my condition is a lot worse then mild which has been documented in my files over the years.The second examination as done later the same day by another M.D. Which was not included in the reason for denial the second physician states that my cervical and lumbar condition has created a functional loss of use to my lower extremities causing walking limitations and It is at least as likely as not that my service connected cervical and lumbar condition is the cause of my loss of use and inability to perform any type of gainful employment. It was also stated Functinal loss with use: there is additional loss due to pain, weakness and lack of endurance after repetitive use x3.The major impact is due to pain there is additinal loss of 5 degrees due to pain after use x3. My Question why was the second examination NOT CONSIDERED in my claim for compensation for loss of use ??? Thank You......... You will never know why, but the obvious is that they ignored the other exam because it was not in their favor. However, if this is an initial claim for compensation than you have 1 year to file a NOD. I would first take about a week to calm down then request a copy of your c&p exams. From there you should take it to your doctor to discuss it with them If you have a neurologist than they are who you need to see. You can easily prove your condition through tests such as an EMG and nerve conduction study (NCS). These tests are excellent and provide undisputable evidence that the VARO cannot argue with. You have alot of issues/things to consider take your time and keep us posted. JMO, Bergie As a combat veteran, or any veteran for that matter!!! If you thought the fighting was over when you came home, got out, or when the politicians said it was over. Welcome to the real fight, welcome to VA claims!!! "Just sayin" Link to comment Share on other sites More sharing options...
MrPain7 Posted September 6, 2010 Author Share Posted September 6, 2010 I have had several EMG, MRI's and nerve conduction studies done which verify cervical and lumbar DDD,spondylosis with longstanding radiculopathy also cervical myelopathy. I already have copies of my C&P exams.thats were i recieved the statements i used in my opening request earlier from the 1st and 2nd examinations. I have filed NOD informing them of the reason why with copies of the C&P results. The VA neurologist have informed me that surgury is required for my condition. in my VA medical records i have been diagnosed with all of the above condition in a severe state with the inability to walk and amputation risk.. The type of examination by first C&P was done for Brain and spinal cord.. The 2nd. examination states the type of examination as --- Feet/Spine (cervical,Thoracic and lumbar) hand,thumb and fingers. Thank you again for assistane.. Link to comment Share on other sites More sharing options...
HadIt.com Elder Commander Bob Posted September 11, 2010 HadIt.com Elder Share Posted September 11, 2010 (edited) I recieved a denial and statement of the case from the regional office in August for special monthly compensation for loss of use of lower extremities secondary to my service connected cervical and lumbar disease.The reason and bases was on Mar.11th,2010 I had Two compensation and pension examinations for loss of use,the first one stated i had mild peripheral neuropathy affecting both lower extremities and a cane is required for balance. The physician stated that mild peripheral neuropathy of my lower extremities is not sufficient to cause a problem with ambulation. That is the reason my claim was denied.I use crutches,cane and a walker all issued by the VA.my condition is a lot worse then mild which has been documented in my files over the years.The second examination as done later the same day by another M.D. Which was not included in the reason for denial the second physician states that my cervical and lumbar condition has created a functional loss of use to my lower extremities causing walking limitations and It is at least as likely as not that my service connected cervical and lumbar condition is the cause of my loss of use and inability to perform any type of gainful employment. It was also stated Functinal loss with use: there is additional loss due to pain, weakness and lack of endurance after repetitive use x3.The major impact is due to pain there is additinal loss of 5 degrees due to pain after use x3. My Question why was the second examination NOT CONSIDERED in my claim for compensation for loss of use ??? Thank You......... Have you received a response from your NOD yet? You should point out that the second examination was NOT CONSIDERED in your claim for compensation for loss of use. I would use a 21-4138 Edited September 11, 2010 by Commander Bob "it shall be remembered"..."We few""We happy few"************************ Link to comment Share on other sites More sharing options...
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