Radiculopathy, Condition Or Symptom?

[ken1939]

I have a diagnosis of radiculopathy from 3 different C & P exams as well as an IMO with an EMG and an MRI to back it up. Claim denied because radiculopathy is a symtom not a condition. I researched literally hundreds of BVA cases and found not one where a claim was denied or remanded because the diagnosis was radiculopathy. On the contrary, I found dozens of cases where the veteran received as much as 40% for radiculopathy.

Has anyone else had this experience? I had an informal hearing with the DRO when I appealed my first denial (what a waste of time that was) and all he did was schedule me for another exam with the same doctor and got the same results. I am claiming pain in the lower extremities secondary to SC Lumbar DDD (currently at 20%). I have requested a BVA hearing. Thanks.

[ken1939]

Ken, what did your EMG say?

J

[ken1939]

J

EMG

"Conclusion

The above study shows electrophysiologic evidence consistant with a left L5 radiculopathy."

MRI

"The MRI scan of the lumbosacral spine shows anterolishesis of L5 on S1 with moderate bilateral L5 neural foraminal narrowing as well as degenerative disk disease elsewhere."

Ken

[jbasser]

What is radiculopathy?

Radiculopathy is a condition due to a compressed nerve in the spine that can cause pain, numbness, tingling, or weakness along the course of the nerve. Radiculopathy can occur in any part of the spine, but it is most common in the lower back (lumbar radiculopathy) and in the neck (cervical radiculopathy). It is less commonly found in the middle portion of the spine (thoracic radiculopathy).

It is a medical condition, not a symptom and the RO knows that. You are getting Bamboozled. You know why, Just because they can.

That dude needs to be fired.

J