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Peripheral Neuropathy Question

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JeffSoCal

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I'm currently 90% SC and have a claim in for increase since Dec 2010. Most of my issues for increase are for spine, and associated problems that come with that i.e. radiculopathy both legs, suspected peripheral neuroathy, DDD, scoliosis etc. I have read some of the AO cases that have posted on some of the boards on Hadit and there seems to be evidence that Peripheral Neuropathy can occur after more than one year. I served in VietNam two tours 1968 and 1970. When I filed for my increase

I filed for peripheral neuropathy because it can be from my spine condition. Should I have mentioned that it's possible it could be from exposure to AO in Vietnam?

Since I'm still in developmental stage should I contact my Rep DAV and ask them. I figure if I don't mention the VietNam stuff the rating board won't consider it when

considering the claim for PN. Anythoughts would be appreciated. Jeff

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PN on a direct basis has to be acute or subacute and within a year from separation. Otherwise PN should be looked at as a seconday I.e. Secondary to dm or some other condition.

g.  Definition:  Acute and Subacute Peripheral Neuropathy

Acute peripheral neuropathy and subacute peripheral neuropathy are transient peripheral neuropathies that

 

• appeared within one year of last exposure to an herbicide agent

• resolved within two years of the date of onset, and

• do not include chronic peripheral neuropathy.  

38 CFR 3.309(e)

 

(e) Disease associated with exposure to certain herbicide agents. If a veteran was exposed to an herbicide agent during active military, naval, or air service, the following diseases shall be service-connected if the requirements of §3.307(a)(6) are met even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of §3.307(d) are also satisfied.

 

AL amyloidosis

​Chloracne or other acneform disease consistent with chloracne

​Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)

​Hodgkin’s disease

Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal’s angina)

All chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia)​

Multiple myeloma

​Non-Hodgkin’s lymphoma

​Parkinson’s disease

​Acute and subacute peripheral neuropathy

​Porphyria cutanea tarda

​Prostate cancer

​Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)

Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)

 

Note 1: The term soft-tissue sarcoma includes the following:

 

​Adult fibrosarcoma

​Dermatofibrosarcoma protuberans

​Malignant fibrous histiocytoma

​Liposarcoma

​Leiomyosarcoma

​Epithelioid leiomyosarcoma (malignant leiomyoblastoma)

​Rhabdomyosarcoma

​Ectomesenchymoma

​Angiosarcoma (hemangiosarcoma and lymphangiosarcoma)

​Proliferating (systemic) angioendotheliomatosis

​Malignant glomus tumor

​Malignant hemangiopericytoma

​Synovial sarcoma (malignant synovioma)

​Malignant giant cell tumor of tendon sheath

Malignant schwannoma, including malignant schwannoma with rhabdomyoblastic differentiation (malignant Triton tumor), glandular and epithelioid ​malignant schwannomas

​Malignant mesenchymoma

​Malignant granular cell tumor

​Alveolar soft part sarcoma

​Epithelioid sarcoma

​Clear cell sarcoma of tendons and aponeuroses

​Extraskeletal Ewing’s sarcoma

​Congenital and infantile fibrosarcoma

​Malignant ganglioneuroma

 

Note 2: For purposes of this section, the term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset.  

 

Note 3: For purposes of this section, the term ischemic heart disease does not include hypertension or peripheral manifestations of arteriosclerosis such as peripheral vascular disease or stroke, or any other condition that does not qualify within the generally accepted medical definition of Ischemic heart disease.

Edited by T8r
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Having been service connected @ 90%....to get to 100% with individual diseases you will have to be another 50% service connected...(VA Math) if you are not working, file for unemployability...

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  • HadIt.com Elder

Regarding the Vietnam AO thing unless you have DMII I don't think that will help with PN compensation. Under existing rules it is almost impossible to get compensated for PN direct SC to AO. How are your glucose levels?

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If by some remote chance, you ever, ever become service-connected for neuropathy presumptive to AO, I'm not sure that you would receive any additional financial benefit from it.

In an earlier post, you stated that you already were service connected for RLL and LLL radiculopathy, correct? If so, you would not receive a separate evaluation for lower extremity neuropathy s/p AO exposure because that would be an example of pyramiding (38 CFR 4.14 http://www.benefits....PART4/S4_14.DOC .)

I'm currently 90% SC and have a claim in for increase since Dec 2010. Most of my issues for increase are for spine, and associated problems that come with that i.e. radiculopathy both legs, suspected peripheral neuroathy, DDD, scoliosis etc. I have read some of the AO cases that have posted on some of the boards on Hadit and there seems to be evidence that Peripheral Neuropathy can occur after more than one year. I served in VietNam two tours 1968 and 1970. When I filed for my increase

I filed for peripheral neuropathy because it can be from my spine condition. Should I have mentioned that it's possible it could be from exposure to AO in Vietnam?

Since I'm still in developmental stage should I contact my Rep DAV and ask them. I figure if I don't mention the VietNam stuff the rating board won't consider it when

considering the claim for PN. Anythoughts would be appreciated. Jeff

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i hoping you are seeing a privite Neuro. You should be at 100 % +. Yes Vietnam should be at the tip of your tongue with any conversation! Don't be like me, when the first doctor you see at VA, and they ask you do you think about Vietnam and how does it effect you. Say Hell yes, I can't watch TV! The War's and the history! I did not say that, and it diid :sad: This Agent Orange is a terrible thing and PN should not be a secondary conditions , If you IHD, or DMII,I hope the best. Mine is getting bad, it takes me and hour to do this text. God Bless

"Injustice anywhere is a threat to justice everywhere"

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Guest terrysturgis

Like Buick said, if you are not working file for TDIU. Also don't forget Social Security Disability. If you can get SSD it is excellent evidence for TDIU. To go from 90% to 100% is difficult at best. Good luck.

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