Denied Rating For Upper Extremity

[chiefhouse00]

Greetings

After a long wait (since 30 Nov 2004), I received a 10% rating for each leg/foot numbness problem but nothing for my left arm/hand...here are the results (short version):

Lower Extremity: Service connection for right and left lower extremity neuropathy with decreased sensation as secondary to the service-connected disability of low back pain with mild degenerative changes. The decision is based on information obtained from my VA examination in which examiner opined the neuropathy of the feet and legs is due to degenerative joint disease, foraminal stenosis with secondary radiculopathy. An evaluation of 10 percent is assigned for incomplete paralysys below the knee which is mild.

Upper Extremity: Denied because evidence didn't show the numbness and weakness in hands and arms was related to the service-connected condition of low back pain, nor is there any evidence of this disability during military service. The VA examiner opined that the hand numbness was not due to the low back but due to local neuropathies with median neuorlia noted on EMG.

Question: I'm currently rated 10% for nerve problem with my right arm and denied for neck pain. I have military medical records of arm/hand numbness and neck pain, and MRI showing C2 thru C6 disk problems. How should I word or work an appeal for not rating my neck pain and hand/arm nerve problem.

Best Regards

Chiefhouse

[john999]

Mike

Does the VA have your approved disability paperwork and your SSDI award letter? I was a postal worker as well and I got SSDI and OPM and then it took another two years to get the TDIU. The VA is good at dragging their heels but I think if your SSDI and OPM disabilities are the same as the VA then you should get your tdiu like I did.

[Mike Soumis]

I did file the 21-8940 back in Jan. o6. I got 2 letters saying there still working on it. I've had 3 MRI's and they don't show anything. The neurologist says that is common. Neuro report says sensory loss persisted through all cervical dermatomes but was greatest in C5-C6 as compared to C8-T1. I've sent in every report I recieved. None of my Drs. would sign release for me to return to work. When the VA gave me 10% for each arm I didn't have my SSDI yet or disability retirement yet. Thats hopefully the reason I didn't get TDIU at that time. When I got the 20% award I didn't know yet that I wouldn't be able to return to work. I had 140+ sick days and 55 vacation days that I used up before I realized that my P.O. job was over.

[john999]

Mike

One thing the VA is going to want to know if they grant TDIU is the last day you worked. Your disability retirement approval and your SSDI letters should supply them with that information. If the VA knows you are on SSDI they are supposed to get your information from the SSA. However, I would send them the approval letters and the letter from OPM along with your PS Form 50 showing the date you separated from the USPS. The VA can take months and months to get this information on their own. What they VA will do if they are going to grant TDIU or 100% is bump up your 20% to the required rate and then grant total disability. Even though they could grant total with just 20% I don't think they will do that. I was 30% when I got SSDI and OPM and the VA bumped me up to 70% and granted TDIU, but it took time. Whatever you do don't send the VA orginals of anything since they lose about 50% of what you send them.

[Mike Soumis]

More than likely your upper extremity problems are coming from C2 thru C6 disk problems. Be very detailed in how your file you claim, if you file for neck pain thats all they will look at. Remember with the spine ROM is the key. You should also ask nerve conduction study. It probally wouldn't hurt to have another MRI depending on how long ago the last one was. I started a simular claim 2 years ago and still fighting. Good luck!!

my upper extremity problems are from watershed event of the cervical cord. Due to severe low blood and severe low blood pressure I had the watershed event. It is a most unusual happening. From it I got spinal cord damage. I've had at least 4 EMG's and all the tests. All the Drs. can't believe what happened. My spine is fine, its in the spinal cord and the nerve endings that branch out into the arms is where the problem is.

[Mike Soumis]

Mike

One thing the VA is going to want to know if they grant TDIU is the last day you worked. Your disability retirement approval and your SSDI letters should supply them with that information. If the VA knows you are on SSDI they are supposed to get your information from the SSA. However, I would send them the approval letters and the letter from OPM along with your PS Form 50 showing the date you separated from the USPS. The VA can take months and months to get this information on their own. What they VA will do if they are going to grant TDIU or 100% is bump up your 20% to the required rate and then grant total disability. Even though they could grant total with just 20% I don't think they will do that. I was 30% when I got SSDI and OPM and the VA bumped me up to 70% and granted TDIU, but it took time. Whatever you do don't send the VA orginals of anything since they lose about 50% of what you send them.

John, thanks for the info. The P.O. personnel person from Milw. has sent my last day of pay and I think my average pay for the last 3 years of employment to the VA in Detroit. They had requested that a long time ago. I sent them SSDI notice, retirement info, all by certified mail. I just sometimes wonder if it got in my file properly. Anyway, this waiting is tough. I had 30% from before on my feet so I now have 50% total.