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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Woody7810

Foot Drop Nexus

Question

I have two questions and don`t know where to post them.

First Question.

I had a C&P exam for chronic fatigue in May 2010. I received the report from the VA hospital and it states in the Diagnoses,

1. He is service connected for depression.

2. He has left foot drop due to sciatica, which he is service connected for.

I received my decision from the regional office and they changed the wording to say;

Although you left foot drops, pain medication and the adverse effects of your tiredness are disclaimers for making the diagnosis of chronic fatigue syndrome. Denied.

Is it against the law to change the wording of a Dr.s Diagnoses?

2nd question.

looking over my medical records, A neuro surgeon made the same diagnoses in 2008 and the podiatry clinic where i had surgery on my left foot ( 2007 ) has been treating me with a nite splint, ankle brace, and orthontics and continue to want me to try and build my strength in my leg and ankle so my foot does not drag.

What type of claim should I file? Is that a nexus between SC foot and SC back conditions?

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3 answers to this question

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I think they might have snookered you out of the SMC “K” award if your foot drop falls into this criteria:

The term "loss of use" of a hand or foot is defined by 38

C.F.R. § 3.350(a)(2) and 4.63 as that condition where no

effective function remains other than that which would be

equally well served by an amputation stump at the site of

election below elbow or knee with use of a suitable

prosthetic appliance. The determination will be made on the

basis of the actual remaining function, whether the acts of

grasping, manipulation, etc., in the case of the hand, or

balance, propulsion, etc., in the case of a foot, could be

accomplished equally well by an amputation stump with

prosthesis. Examples under 38 C.F.R. §§ 3.350(a)(2) and 4.63

which constitute loss of use of a foot or hand are extremely

unfavorable ankylosis of the knee, or complete ankylosis of

two major joints of an extremity, or shortening of the lower

extremity of 31/2 inches or more.

Also considered as loss of use of a foot under 38 C.F.R. §

3.350(a)(2) is complete paralysis of the external popliteal

(common peroneal) nerve and consequent foot drop, accompanied

by characteristic organic changes, including trophic and

circulatory disturbances and other concomitants confirmatory

of complete paralysis of this nerve. Under 38 C.F.R. §

4.124a, DC 8521, complete paralysis also encompasses foot

drop and slight droop of the first phalanges of all toes, an

inability to dorsiflex the foot, loss of extension (dorsal

flexion) of the proximal phalanges of the toes, loss of

abduction of the foot, weakened adduction of the foot, and

anesthesia covering the entire dorsum of the foot and toes.

http://www4.va.gov/vetapp10/files1/1007614.txt

What diagnostic code did they give you for the foot drop?

"Although you left foot drops, pain medication and the adverse effects of your tiredness are disclaimers for making the diagnosis of chronic fatigue syndrome. Denied."

Where the heck did they come up with that type of denial?

Do you have copy of the actual Chronic Fatigue symdrome C & P exam results?

Did VA state any medical rationale at all for the denial?

'disclaimers'- boy that is a new one ....

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“Chronic fatigue syndrome can be defined as persistent

debilitating fatigue lasting longer than six months, with

other known medical conditions having been ruled out by

clinical diagnosis, accompanied by at least four of the

following: significantly impaired short-term memory or

concentration, muscle weakness, pain in multiple joints

without swelling or redness, sore throat, tender lymph nodes,

headaches, unrefreshing sleep, and malaise that lasts more

than 24 hours following exertion. See Dorland's Illustrated

Medical Dictionary 1851 (31st ed. 2007).”

http://www4.va.gov/vetapp10/files3/1020315.txt

Do you have any complaints of fatigue in your SMRs or personnel records that show you had overslept more then once and were late for duty or tired while on duty?

The BVA web site is a good way to see how VA will consider CFS claims.

I saw an award that BVA granted as CFS due to entries of severe fatigue in the veteran's SM<Rs after he had received the anthrax shot. He also had medical opinions that supported this as the inservice nexus for his CFS.

Has any doctor suggested to you that your SC meds might have caused the chronic fatigue syndrome?

I am completely baffled by VA's statement here:

"Although you left foot drops, pain medication and the adverse effects of your tiredness are disclaimers for making the diagnosis of chronic fatigue syndrome. Denied."

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I am service connected on my left foot but not for foot drop but for a metal plate to correct my fallen arch. The plate was inserted to correct a surgery from 1984.

and yes, in my records and also in the C&P exam they talk about my meds causing fatigue. My entire lower left side since the last surgery has weaken ( C&P exam for back verfies ) but that claim is waiting to been seen on appeal.

I don`t want to go into much detail because i know what is posted can be seen by a lot of people. But, following the advice I have read here. I have been getting my records from the hospital and I am going through them now. When I speak with my VSO I need to be prepared.

Question; Should I file a claim for foot drop? and can I ask for a C&P elsewhere, not at the location where I have been seen these past three years?

also; How do I have private converstation by supplying my e-mail address?

Thank You Berta

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