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C&p Appointment Question

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Hogfan1978

Question

Howdy,

I received a call today from the VA notifying me of a C&P exam...and I'm not sure why....

I currently have a SC lumbar spine disability of 10%, which was decided on 2 months ago. Around the beginning of this month, I experienced an upper spine injury (herniated discs). I called the VA and they reopened the lumbar spine claim and added notes about the new cervical spine injury. According to the VA, the lumbar spine strain claim says "new/reopened/increase in rating" and the notes mention my cervical spine injury. Apparently, the "new" part is the cervical spine injury, and the "reopened" part is the fact that the lumbar sprain claim was closed and now reopened, and the "increase in rating" is because ??????? I never asked for any increase in rating.

The VA guy I just talked to on the phone said he really didn't know why they scheduled me for this new appointment. He just said that the appointment was listed as a "thoracolumbar spine" appointment and the appointment didn't mention ANYTHING about my cervical spine injury, but the cervical part was listed on the claim. Based on the fact that it's listed as a "thoracolumbar appointment", doesn't it look like they are not looking at my new cervical injury, but at my existing lumbar spine SC injury??

Questions:

1. If that is so and that the only reason for my appointment is to re-look at my existing thoracolumbar injury.......my existing thoracolumbar spine injury has not really changed....why the heck are they calling me back to re-look at my thoracolumbar spine injury when I never told them that it has changed??

2. Do ya'll think that they might be taking a look at my new cervical injury? Even though I haven't given them ANY evidence of the cervical injury (haven't sent them the MRI pics, and NO service records mention cervical injuries or problems)

Thanks.

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Wait, I just realized something in my current decision rating...

In my current lumbar decision report, it says to "receive an increase to 20%" there must be....

Forward flexion of the thoracolumbar spine greater than 30 degrees but notgreater than 60 degrees; or, forward flexion of the cervical spine greater

than 15 degrees but not greater than 30 degrees; or, the combined range of

motion of the thoracolumbar spine not greater than 120 degrees; or, the

combined range of motion of the cervical spine not greater than 170 degrees;

or, muscle spasm or guarding severe enough to result in an abnormal gait

or abnormal spinal contour such as scoliosis, reversed lordosis, or

abnormal kyphosis

The part that I bolded above talks to the ROM my cervical spine....so even though my current SC injury is in my lumbar spine, I should see an increased rating when they examine me nest month since my current cervical spine injury prohibits my forward flexion from going barely 15 degrees...

...RIGHT????

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Most likely, yes, provided that your cervical spine injury was LOD and is SC. The increase comes from the fact that any injury to the thorocolumbar spine is cumulative-one disc goes and is SC, other discs are going to go. In my case L5-S1 is fragmented, L 4-L5 are bulged and compressing, and L2-L3 are bulged. The other discs adjust to take the load that the original disc would have held and by doing so are under more stress. They are most likely assuming that your upper spine injury is going to change the mechanics of your spine as a whole, and they want to address that.

Also be aware of fingers and toes numbness and sciatica. If you have pins/needles sensations or pain that radiates from the point of injury down an arm or leg, that is rateable separate from the actual spine injury. Partial paralysis or Paralysis of the sciatic nerve is what it falls under.

Good luck.

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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Broken,

My cervical spine injury is NOT service connected...yet...waiting to get a nexus letter from neurologist (hopefully). However, when they retest my ROM for my increase in my lumbar spine (current 10%) in this next appointment, they should see much less ROM in my cervical spine. I am basing this on what my lumbar spine decision report stated would have to happen for me to get 20%: forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees.

Am I correct in this? Or is that JUST for cervical spine injuries, even though it says that in my lumbar decision report....?

And yes, I currently have deadening in my left tricep, the back of my forearm, and my index and middle finger...I will look in to filing a claim for that too...

Thanks.

Edited by Hogfan1978
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